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Home My WebLink About2022 1018Agenda Item No:1.1 CITY COUNCIL Agenda Item Report Meeting Date: October 18, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Call to Order Suggested Action: Attachments: 4 Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: October 18, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 5 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: October 18, 2022 Submitted by: Megan Charters Submitting Department: Library Item Type: Announcement Agenda Section: Subject: Receive presentation from the Library regarding upcoming events and activities. (Charters) Suggested Action: Attachments: 6 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: October 18, 2022 Submitted by: Tina Stewart Submitting Department: Engineering Item Type: Discussion Agenda Section: Subject: Discuss and provide direction to staff regarding rental fee rates for cell tower sites located on city properties and/or associated city infrastructure. (Hartline) Suggested Action: Attachments: 7 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: October 18, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 8 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: October 18, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes for October 5, 2022. (Stewart) Suggested Action: Attachments: October 5, 2022 DRAFT Minutes.docx 9 1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action will be taken and no direction will be given regarding these items. MINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON OCTOBER 5, 2022 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 5 th day of October 2022, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Councilmember Robyn Holtz, Councilmember Brian Wade, Deputy Mayor Pro Tem David Terre, Councilmember Perry Schrag, Councilmember Joel Marks, Mayor Pro Tem Present Present Absent (Personal) Present Present Present Present And with 6 councilmembers present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Boyer called the meeting to order at 6:30 p.m. 1.2 Invocation Pastor Mike Bishop from Lakeway Baptist Church delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Proclamation recognizing the month of October as National Chiropractic Month. Mayor proclaimed October 2022 as “National Chiropractic Health Month." Dr. Andrew Oteo with Stonebridge Medical accepted the proclamation. 1.6 Items of Community Interest 1.6.1 Receive presentation from Parks and Recreation regarding upcoming events and activities. Special Events Supervisor, Lindsey Stansell, provided upcoming events and activities to the Council. 10 City Council – Regular Meeting Agenda October 5, 2022 Page| 2 2.0 CITIZEN INPUT A.B. Martin of 4008 Steeple Ridge Drive, spoke concerning new businesses opening in the community. He also reminded everyone of the city-wide cleanup scheduled for October 15th. 3.0 WORK SESSION 3.1 Accept the Notice of Police Seized Fund Expenditure. Police Chief David Coulon provided an overview on this item. 3.2 Council to provide direction to staff regarding future agenda items. None. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda- Ensweiler; second by Wade, motion carried with all ayes. 4.1 Consider approving City Council Regular meeting minutes from September 20, 2022. 4.2 Consider approving a resolution authorizing the City Manager to deny Oncor Electric Delivery Company LLC's requested rate change. RESOLUTION NO. 2022-064 4.3 Consider approving a resolution authorizing the Mayor to execute an Interlocal Agreement with Denton County for Library Services. RESOLUTION NO. 2022-065 4.4 Consider approving a resolution authorizing the City Manager to award a bid to Dell Technologies, Round Rock, Texas in the amount of $93,000 for Patrol Vehicle Laptop Replacements. RESOLUTION NO. 2022-066 4.5 Consider approving a resolution authorizing the City Manager to award a bid to Tyler Technologies, Plano, Texas in the amount of $35,000 for Patrol Ticket Writers and Printer Replacements. RESOLUTION NO. 2022-067 11 City Council – Regular Meeting Agenda October 5, 2022 Page| 3 4.6 Consider approving a resolution authorizing the City Manager to execute a resolution rejecting all "Request for Proposals" (RFP) submitted for the Trinity North CMAR Bid #70-22-06. RESOLUTION NO. 2022-068 5.0 REGULAR AGENDA ITEMS 5.1 [CONTINUED FROM 09/20/2022] Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit (SUP) to allow a 115-foot (top of highest appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen Park). The subject lease area contains approximately 1,250 Square feet and is located within the Single-Family 4 (SF-4) zoning district. Planning Director, Isaac Williams, gave an overview of this item. City Attorney Jeff Moore gave a synopsis of a provision in the Telecommunications Act of 1996, related court case and article for the Council's consideration. April Babin, 5721 Squires Drive, spoke in opposition of the proposed ordinance. On behalf of Verizon Wireless, Representative Andy Rotenstreich provided clarity and answered questions relative to the item. Executive Session was convened at 7:18 p.m. Regular Session was reconvened at 7:32 p.m. The public hearing closed at 7:33 p.m. Motion to approve –Wade; second by Terre, motion failed with the following votes: Wade and Terre ayes; Boyer, Ensweiler, Schrag and Marks nays. 5.2 Discuss and consider an ordinance approving a Variance to permit an alternative landscape and screening method of chain-link with vinyl screening slats around the base of a 115-foot (top of highest appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen Sports Facility). The subject lease area contains approximately 1,250 Square feet and is located within the Single-Family 4 (SF-4) zoning district. ***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION*** Executive Session was convened at 7:52 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding 12 City Council – Regular Meeting Agenda October 5, 2022 Page| 4 purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). B. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding pending litigation: City of The Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, Cause No. D-1-GN-21-006079, 200th Judicial District Court, Travis County, Texas. ***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION*** Regular Session was reconvened at 8:15 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action a a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). No Action B. Any action as a result of executive session regarding pending litigation: City of The Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, Cause No. D-1-GN-21-006079, 200th Judicial District Court, Travis County, Texas. ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:15 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 13 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: October 18, 2022 Submitted by: Marlisa Jemison Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a contract with GameTime, c/o Cunningham Recreation, for the purchase and installation of two replacement playgrounds in the amount of $215,212.07 at The Colony Five Star Complex to be funded by the Community Development Corporation. (Jemison) Suggested Action: Staff recommends approval of this item. Attachments: Gametime Memo Council.pdf The Colony Five Star Complex - Area 1 - Contract Quote.pdf Playground Area 1 Renderings.pdf The Colony Five Star Complex - Area 2 - Contract Quote.pdf Playground Area 2 Renderings.pdf Burke & LSI Alternatives.pdf Res. 2022-xxx GameTime Contract at The Colony Five Star Complex.doc 14 1 Parks and Recreation Memo To: Community Development Corporation From: Marlisa Jemison, Parks Manager CC: Brant Shallenburger, Deputy City Manager Jackie Kopsa, Community Services Director Date: 10/6/2022 Re: Gametime Contract for Five Star Complex Playground Replacement The Parks & Recreation Department would like to execute a contract with Gametime c/o Cunningham Recreation to replace two existing playgrounds at Five Star that have reached the end of their viability. The existing playgrounds at Five Star were both installed in 2003; they have degraded over time and the play features have become dated for the 5-12 age range they were designed for, particularly when compared to some of our more recent playgrounds. All playgrounds maintained by the city are on a 20- year replacement plan and as such, approval was previously received to replace both playgrounds as part of the 21-22 Community Development Corporation CIP project list. This was budgeted at $200,000. Gametime would provide full demolition of the existing play structures including hauling away the equipment and surfacing. They would also provide installation of new play equipment and engineered wood fiber surfacing according to playground safety standards. This has been quoted at $215,212.07 after applying for a partial matching contribution grant from Gametime totaling $59,468.80. The grant matches a portion of the playground equipment cost, reducing it from $157,365 to $97,896.20 but is not applicable to the demolition or installation costs of the playgrounds. The final cost of the project has an overage of $15,212.07 from the budgeted amount. This can be pulled from the CDC closed projects funds line item, which contains cost savings from previously closed projects. This particular line item currently has sufficient funding to account for the overage. If approved, this contract would be executed through the Buyboard Purchasing Cooperative under contract #679-22. The proposed playgrounds would offer more in the way of accessibility, design, and durability than the existing playgrounds. Since the inclusion of the grant reduces the $70-80k price point of each playground to a $35-45k price point, the proposed playgrounds also offer more than playgrounds in the same price point from other companies. Example renderings of the proposed playgrounds from Gametime, as well as alternatives from LSI and Child’s Play Inc., are included. Orders for play equipment received through the grant must ship by December 30th, which puts the latest installation timeline for starting the replacements around January 2023. The project would take approximately three weeks to complete once demolition starts, barring inclement weather delays. The Colony Community Development Corporation approved this expenditure at their 10/13/22 meeting. 15 The Colony Parks and Recreation Department Attn: Marlisa Jemison 5151 N. Colony Blvd. The Colony, TX 75056 Phone: 214-385-0778 mjemison@thecolonytx.gov Ship to Zip 75126 Quantity Part #Description Unit Price Amount 1 RDU GameTime - 16220-01-01-2A1 PS22023 Chelan Unit 5-12 [Accent:__________] [Basic:__________] [Cabling:__________] [Roto Plastic:__________] [HDPE:__________] [Accent 2:__________] [Deck:Pvc:__________] [Deck:Pvc:__________] [Tube:__________] [2 Color HDPE:__________] [Arch:__________] [Roof 2:__________] $84,266.00 $84,266.00 1 5179 GameTime - Welcome Sign (5-12) [Basic:__________] $561.00 $561.00 1 178749 GameTime - Owner's Kit $66.00 $66.00 1 RDU GameTime - Surfacing Accessories (2 Rolls Geotextile)$1,460.00 $1,460.00 128 EWF GT-Impax - Engineered Wood Fiber Safety Surfacing (CY)- Area: 2,580 Sq.Ft. Thickness (Compacted):12" Critical Height: 8 Feet Volume: 128 Cubic Yards $19.15 $2,451.20 1 INSTALL MISC - Installation & Demo- Installaꢀon of Above Equipment & Surfacing Only; Includes Demo exisꢀng playground, surfacing and haul away. No other site work, demoliꢀon or concrete work included. Acquisiꢀon of any and all permits is the sole responsibility of the customer. Standard installaꢀon does not include any extra or addiꢀonal machinery, drillers, etc., for rock excavaꢀon. If rock condiꢀons are encountered, addiꢀonal charges will apply. $41,609.10 $41,609.10 GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 09/20/2022 Quote # 162200-01-01 The Colony - 5 Star Complex - Playground Area 1 Page 1 of 4 16 Quantity Part #Description Unit Price Amount 1 2022 GT- Grant MISC - 2022 Matching Funds Grant- Grant Rules and Limitations: To qualify for up to 100% matching grant, list price of the qualifying playground system must exceed $75,000, and payment in full must accompany your order. For play systems with a list price of less than $75,000 and greater than $25,000 with payment in full, GameTime playground grants are available with matching funds up to 75%. For play systems that exceed $25,000, and purchased with credit terms, matching funds are available up to 60%. Matching funds are subject to rounding rules and may vary based on qualified purchase. No other offer, discount, or special programs can be used with this grant program. This special matching fund offer applies to PowerScape®, PrimeTime®, Xscape®, IONiX®, and select Modern City PlayLab® systems only. THRIVE (up to $7,000), GTfit (up to $7,000), and Challenge Course (up to $25,000) are also eligible for funding from GameTime. Modern City freestanding structures, VistaRope, freestanding net structures, Altus and Spire Towers, TuffForms, Landmark Design, GTSymphony freestanding, other freestanding play products, and Play On! non-system events are not eligible for funding. All applications must be validated by the project administrator. GameTime reserves the right to decline any application for a GameTime grant. Orders accepted by GameTime must ship by December 30, 2022. GameTime will accept grant orders until November 1, 2022, or until all eligible funds are disbursed, whichever comes first. GameTime reserves the right to terminate this offer at any time without notice. GameTime playground grants can only be applied to additional GameTime purchases and only in conjunction with the original purchase. Standard policies and warranties as listed in the 2022 GameTime Playground Design Guide apply. Freight and applicable sales tax are extra and not included. Material surcharges apply. Contract: Buy Board Contract #592-19 Sub Total $130,413.30 Discount ($31,867.24) Material Surcharge $11,781.96 Estimated Freight $8,381.49 Total $118,709.51 Comments Freight Calculated to Installer Address GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 09/20/2022 Quote # 162200-01-01 The Colony - 5 Star Complex - Playground Area 1 Page 2 of 4 17 GAMETIME - TERMS & CONDITIONS: PRICING: Due to volitile economic demand, pricing is valid for 30 days. Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. TERMS OF SALE: For equipment & material purchases, Net 30 days from date of invoice for governmental agencies and those with approved credit. All others, full payment for equipment, taxes and freight up front. Balance for services & materials due upon completion or as otherwise negotiated upon credit application review. Pre-payment may be required for equipment orders totaling less than $5,000. Payment by VISA, MasterCard, or AMEX is accepted (If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check , ACH or Wire without any additional fees.). Checks should be made payable to Playcore Wisconsin, Inc. d/b/a GameTime unless otherwise directed. CREDIT APPLICATION: Required for all non-governmental agencies and those entities who have not purchased from GameTime within the previous twelve calendar months. FINANCE CHARGE: A 1.5% monthly finance charge (or maximum permitted by law) will be added to all invoices over 30 days past due. CASH WITH ORDER DISCOUNT: Orders for GameTime equipment paid in full at time of order via check or electronic funds transfer (EFT) are eligible for a 3% cash-with-order (CWO) discount. ORDERS: All orders shall be in writing by purchase order, signed quotation or similar documentation. Purchase orders must be made out to Playcore Wisconsin, Inc. d/b/a GameTime. FREIGHT CHARGES: Shipments shall be F.O.B. destination. Freight charges prepaid and added separately. SHIPMENT: Standard Lead time is 12-14 weeks (some items may take longer) after receipt and acceptance of purchase order, credit application, color selections and approved drawings or submittals. PACKAGING: All goods shall be packaged in accordance with acceptable commercial practices and marked to preclude confusion during unloading and handling. RECEIPT OF GOODS: Customer shall coordinate, receive, unload, inspect and provide written acceptance of shipment. Any damage to packaging or equipment must be noted when signing delivery ticket. If damages are noted, receiver must submit a claim to Cunningham Recreation within 15 Days. Receiver is also responsible for taking inventory of the shipment and reporting any concealed damage or discrepancy in quantities received within 60 days of receipt. RETURNS: Returns are only available on shipments delivered within the last 60 days. A 25% (min.) restocking fee will be deducted from any credit due. Customer is responsible for all packaging & shipping charges. Credit is based on condition of items upon return. All returns must be in unused and merchantable condition. GameTime reserves the right to deduct costs associated with restoring returned goods to merchantable condition. Uprights & custom products cannot be returned. TAXES: Sales tax is shown as a separate line item when included. A copy of your tax exemption certificate must be submitted at time of order or taxes will be added to your invoice. INSTALLATION CONDITIONS: ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation. FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost. UTILITIES: Installer will contact 811 to locate all public utilities prior to layout and excavation of any footer holes. Owner is responsible for locating any private utilities. ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change. GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 09/20/2022 Quote # 162200-01-01 The Colony - 5 Star Complex - Playground Area 1 Page 3 of 4 18 ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Accepted By (printed): _________________________________ Title: ________________________________ Telephone: __________________________________________ Fax: ________________________________ P.O. Number:_________________________________________ Date: _______________________________ Purchase Amount: $118,709.51 SALES TAX EXEMPTION CERTIFICATE #:___________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE) _______________________________________________ ____________________________________________ Salesperson's Signature Customer Signature BILLING INFORMATION: Bill to: ______________________________________________________ Contact: ____________________________________________________ Address: ____________________________________________________ Address: ____________________________________________________ City, State: __________________________________ Zip: _____________ Tel: __________________________ Fax: __________________________ E-mail: ______________________________________________________ SHIPPING INFORMATION: Ship to: _____________________________________________________ Contact: ____________________________________________________ Address: ____________________________________________________ Address: ____________________________________________________ City, State: __________________________________ Zip: _____________ Tel: __________________________ Fax: __________________________ E-mail: ______________________________________________________ GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 09/20/2022 Quote # 162200-01-01 The Colony - 5 Star Complex - Playground Area 1 Page 4 of 4 19 20 21 22 23 The Colony Parks and Recreation Department Attn: Marlisa Jemison 5151 N. Colony Blvd. The Colony, TX 75056 Phone: 214-385-0778 mjemison@thecolonytx.gov Ship to Zip 75126 Quantity Part #Description Unit Price Amount 1 RDU GameTime - 162200-02-01-2A2 Modified PS22028 Bowman Unit 5-12 [2 Color HDPE:__________] [Accent 2:__________] [Basic:__________] [Accent:__________] [Basic 2:__________] [HDPE:__________] [Deck:Pvc:__________] [Sky Wheel:__________] [Roto Plastic:__________] [Deck:Pvc:__________] [Roto Plastic:__________] [Arch:__________] $73,099.00 $73,099.00 1 5179 GameTime - Welcome Sign (5-12) [Basic:__________] $561.00 $561.00 1 178749 GameTime - Owner's Kit $66.00 $66.00 1 161290 GameTime - Geo-Textile 2250 Sqft Roll $975.00 $975.00 107 EWF GT-Impax - Engineered Wood Fiber Safety Surfacing (CY)- Area: 2150 Sq.Ft. Thickness (Compacted): 12" Critical Height: 8 Feet Volume: 107 Cubic Yards $19.15 $2,049.05 1 INSTALL MISC - Installation & Demo- Installaꢀon of Above Equipment & Surfacin Only; Includes Demo exisꢀng Liꢁle Tyke Unit, exisꢀng surfacing and haul away. No other site work, demoliꢀon or concrete work included. Acquisiꢀon of any and all permits is the sole responsibility of the customer. Standard installaꢀon does not include any extra or addiꢀonal machinery, drillers, etc., for rock excavaꢀon. If rock condiꢀons are encountered, addiꢀonal charges will apply. $30,679.45 $30,679.45 GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 09/20/2022 Quote # 162200-02-01 The Colony - 5 Star Complex - Area 2 Page 1 of 4 24 Quantity Part #Description Unit Price Amount 1 2022 GT- Grant MISC - 2022 Matching Funds Grant- Grant Rules and Limitations: To qualify for up to 100% matching grant, list price of the qualifying playground system must exceed $75,000, and payment in full must accompany your order. For play systems with a list price of less than $75,000 and greater than $25,000 with payment in full, GameTime playground grants are available with matching funds up to 75%. For play systems that exceed $25,000, and purchased with credit terms, matching funds are available up to 60%. Matching funds are subject to rounding rules and may vary based on qualified purchase. No other offer, discount, or special programs can be used with this grant program. This special matching fund offer applies to PowerScape®, PrimeTime®, Xscape®, IONiX®, and select Modern City PlayLab® systems only. THRIVE (up to $7,000), GTfit (up to $7,000), and Challenge Course (up to $25,000) are also eligible for funding from GameTime. Modern City freestanding structures, VistaRope, freestanding net structures, Altus and Spire Towers, TuffForms, Landmark Design, GTSymphony freestanding, other freestanding play products, and Play On! non-system events are not eligible for funding. All applications must be validated by the project administrator. GameTime reserves the right to decline any application for a GameTime grant. Orders accepted by GameTime must ship by December 30, 2022. GameTime will accept grant orders until November 1, 2022, or until all eligible funds are disbursed, whichever comes first. GameTime reserves the right to terminate this offer at any time without notice. GameTime playground grants can only be applied to additional GameTime purchases and only in conjunction with the original purchase. Standard policies and warranties as listed in the 2022 GameTime Playground Design Guide apply. Freight and applicable sales tax are extra and not included. Material surcharges apply. Contract: Buy Board Contract #592-19 Sub Total $107,429.50 Discount ($27,601.56) Material Surcharge $10,232.54 Estimated Freight $6,442.08 Total $96,502.56 Comments Freight Calculated to Installer Address GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 09/20/2022 Quote # 162200-02-01 The Colony - 5 Star Complex - Area 2 Page 2 of 4 25 GAMETIME - TERMS & CONDITIONS: PRICING: Due to volitile economic demand, pricing is valid for 30 days. Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. TERMS OF SALE: For equipment & material purchases, Net 30 days from date of invoice for governmental agencies and those with approved credit. All others, full payment for equipment, taxes and freight up front. Balance for services & materials due upon completion or as otherwise negotiated upon credit application review. Pre-payment may be required for equipment orders totaling less than $5,000. Payment by VISA, MasterCard, or AMEX is accepted (If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check , ACH or Wire without any additional fees.). Checks should be made payable to Playcore Wisconsin, Inc. d/b/a GameTime unless otherwise directed. CREDIT APPLICATION: Required for all non-governmental agencies and those entities who have not purchased from GameTime within the previous twelve calendar months. FINANCE CHARGE: A 1.5% monthly finance charge (or maximum permitted by law) will be added to all invoices over 30 days past due. CASH WITH ORDER DISCOUNT: Orders for GameTime equipment paid in full at time of order via check or electronic funds transfer (EFT) are eligible for a 3% cash-with-order (CWO) discount. ORDERS: All orders shall be in writing by purchase order, signed quotation or similar documentation. Purchase orders must be made out to Playcore Wisconsin, Inc. d/b/a GameTime. FREIGHT CHARGES: Shipments shall be F.O.B. destination. Freight charges prepaid and added separately. SHIPMENT: Standard Lead time is 12-14 weeks (some items may take longer) after receipt and acceptance of purchase order, credit application, color selections and approved drawings or submittals. PACKAGING: All goods shall be packaged in accordance with acceptable commercial practices and marked to preclude confusion during unloading and handling. RECEIPT OF GOODS: Customer shall coordinate, receive, unload, inspect and provide written acceptance of shipment. Any damage to packaging or equipment must be noted when signing delivery ticket. If damages are noted, receiver must submit a claim to Cunningham Recreation within 15 Days. Receiver is also responsible for taking inventory of the shipment and reporting any concealed damage or discrepancy in quantities received within 60 days of receipt. RETURNS: Returns are only available on shipments delivered within the last 60 days. A 25% (min.) restocking fee will be deducted from any credit due. Customer is responsible for all packaging & shipping charges. Credit is based on condition of items upon return. All returns must be in unused and merchantable condition. GameTime reserves the right to deduct costs associated with restoring returned goods to merchantable condition. Uprights & custom products cannot be returned. TAXES: Sales tax is shown as a separate line item when included. A copy of your tax exemption certificate must be submitted at time of order or taxes will be added to your invoice. INSTALLATION CONDITIONS: ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation. FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost. UTILITIES: Installer will contact 811 to locate all public utilities prior to layout and excavation of any footer holes. Owner is responsible for locating any private utilities. ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change. GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 09/20/2022 Quote # 162200-02-01 The Colony - 5 Star Complex - Area 2 Page 3 of 4 26 ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Accepted By (printed): _________________________________ Title: ________________________________ Telephone: __________________________________________ Fax: ________________________________ P.O. Number:_________________________________________ Date: _______________________________ Purchase Amount: $96,502.56 SALES TAX EXEMPTION CERTIFICATE #:___________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE) _______________________________________________ ____________________________________________ Salesperson's Signature Customer Signature BILLING INFORMATION: Bill to: ______________________________________________________ Contact: ____________________________________________________ Address: ____________________________________________________ Address: ____________________________________________________ City, State: __________________________________ Zip: _____________ Tel: __________________________ Fax: __________________________ E-mail: ______________________________________________________ SHIPPING INFORMATION: Ship to: _____________________________________________________ Contact: ____________________________________________________ Address: ____________________________________________________ Address: ____________________________________________________ City, State: __________________________________ Zip: _____________ Tel: __________________________ Fax: __________________________ E-mail: ______________________________________________________ GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 09/20/2022 Quote # 162200-02-01 The Colony - 5 Star Complex - Area 2 Page 4 of 4 27 28 29 30 31 Five Star Playgrounds Replacement Project 32 Users unlisted 11 activities 43’x49’ use zone Five Star Soccer 33 Users unlisted 12 activities 41’x45’ use zone Five Star Baseball 34 Budget -$ 200k set aside for replacing both playgrounds -To include: -Demolition of existing equipment -Removal of surfacing -New playground equipment -Material surcharges -Freight -Installation of new equipment -New surfacing 35 Playground Specifications -Designed for 5-12 -ADA-compliance with effort -Make use of space -Soccer: 2150 sq feet (50’x43’) -Baseball: 2580 sq feet (60’x43’) -Climbers!! -Slides, but make them fun -No tunnels, I beg of you -≥50 users -Match pavilion color scheme -Variety of activities (15+) 36 Soccer Playground - Proposed (pre-customization) 37 Soccer Playground - Proposed ADA Feature Required Included Elevated Play components accessible by transfer 7 11 Accessible ground level components 4 5 Different types of ground level components 3 4 38 60-65 users 17 activities 39’x46’ use zone 39 60-65 users 17 activities 39’x46’ use zone 40 60-65 users 17 activities 39’x46’ use zone 41 Playground Specifications -Designed for 5-12✅ -ADA-compliance with effort✅ -Make use of space -Soccer: 2150 sq feet (50’x43’) ✅ -Baseball: 2580 sq feet (60’x43’) -Climbers!!✅ -Slides, but make them fun✅ -No tunnels, I beg of you✅ -≥50 users ✅ -Match pavilion color scheme✅ -Variety of activities✅ 42 Baseball Playground - Proposed (Pre-customization) 43 Baseball Playground - Proposed ADA Feature Required Included Elevated Play components accessible by transfer 6 8 Accessible ground level components 4 11 Different types of ground level components 3 5 44 45-50 users 20 activities 40’x48’ use zone 45 45-50 users 20 activities 40’x48’ use zone 46 45-50 users 20 activities 40’x48’ use zone 47 Playground Specifications -Designed for 5-12✅ -ADA-compliance with effort✅ -Make use of space -Soccer: 2150 sq feet (50’x43’) -Baseball: 2580 sq feet (60’x43’) 🆇 -Climbers!!✅ -Slides, but make them fun✅ -No tunnels, I beg of you✅ -≥50 users ✅ -Match pavilion color scheme✅ -Variety of activities✅ 48 -Playground equipment list price: -Soccer: $73,099 -Baseball: $84,266 -Playground equipment after grant: -Soccer: $45,497.44 -Baseball: $52,398.76 -Total amount (with grant): -Soccer: $96,502.56 -Baseball: $118,709.51 -Combined: $215,212.07 Proposed Quotes 49 SCP Invoice - 2014 vs Five Star Quote - 2022 Estimated Freight is $8381.49 50 Alternative Playground Options -Approximate max price of playgrounds to remain in current budget -$49k for Soccer -$34k for Baseball -$83k combined for playground equipment -This leaves enough money to cover aforementioned additional costs -Cannot maintain the same playground specifications in this price range -What specifications do we want to nix? 51 52’x33’ use zone 14 activities Burke: $46,363 74 users 52 Playground Specifications -Designed for 5-12✅ -ADA-compliance with effort ✅ -Make use of space -Soccer: 2150 sq feet (50’x43’) -Baseball: 2580 sq feet (60’x43’) 🆇 -Climbers!!✅ -Slides, but make them fun 🆇 -No tunnels, I beg of you✅ -≥50 users✅ -Match pavilion color scheme✅ -Variety of activities (15+) 🆇 53 36’x33’ use zone 9 activities Burke: $30,418 38 users 54 Playground Specifications -Designed for 5-12✅ -ADA-compliance with effort 🆇 -Make use of space -Soccer: 2150 sq feet (50’x43’) 🆇 -Baseball: 2580 sq feet (60’x43’) -Climbers!!✅ -Slides, but make them fun 🆇 -No tunnels, I beg of you✅ -≥50 users 🆇 -Match pavilion color scheme✅ -Variety of activities (15+) 🆇 55 Use zone: 44’x40’ LSI: $40-$60K 14 activities Users unlisted 56 Playground Specifications -Designed for 5-12✅ -ADA-compliance with effort✅ -Make use of space -Soccer: 2150 sq feet (50’x43’) ✅ -Baseball: 2580 sq feet (60’x43’) -Climbers!!✅ -Slides, but make them fun✅ -No tunnels, I beg of you✅ -≥50 users 🤷 -Match pavilion color scheme✅ -Variety of activities (15+) 🆇 57 Use zone: 51’x40’ LSI: $40-$60K 13 activities Users unlisted 58 Playground Specifications -Designed for 5-12✅ -ADA-compliance with effort✅ -Make use of space -Soccer: 2150 sq feet (50’x43’) ✅ -Baseball: 2580 sq feet (60’x43’) -Climbers!!✅ -Slides, but make them fun✅ -No tunnels, I beg of you✅ -≥50 users 🤷 -Match pavilion color scheme✅ -Variety of activities (15+) 🆇 59 Use zone: 50’x31’ LSI: $20-$40K 7 activities Users unlisted 60 Playground Specifications -Designed for 5-12✅ -ADA-compliance with effort 🆇 -Make use of space -Soccer: 2150 sq feet (50’x43’) 🆇 -Baseball: 2580 sq feet (60’x43’) -Climbers!!✅ -Slides, but make them fun✅ -No tunnels, I beg of you✅ -≥50 users 🤷 -Match pavilion color scheme✅ -Variety of activities (15+) 🆇 61 Use zone: 43’x52’ LSI: $20-$40K 10 activities Users unlisted 62 Playground Specifications -Designed for 5-12✅ -ADA-compliance with effort ✅ -Make use of space -Soccer: 2150 sq feet (50’x43’) -Baseball: 2580 sq feet (60’x43’) 🆇 -Climbers!!✅ -Slides, but make them fun✅ -No tunnels, I beg of you✅ -≥50 users 🤷 -Match pavilion color scheme✅ -Variety of activities (15+) 🆇 63 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GAMETIME C/O CUNNINGHAM RECREATION, FOR THE PURCHASE AND INSTALLATION OF TWO REPLACEMENT PLAYGROUNDS AT THE COLONY FIVE STAR COMPLEX; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas hereby approves the purchase of two replacement playgrounds in the amount of $215,212.07 at The Colony Five Star Complex. Section 2.That the purchase shall be funded through the Community Development Corporation. Section 3.That the City Manager is authorized to issue appropriate purchase order(s). Section 4.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 18TH DAY OF OCTOBER 2022. ______________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Kim Thompson, Deputy City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 64 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: October 18, 2022 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to sign a Construction Services Contract in the amount of $1,239,448.00 with Quality Excavation, Ltd. for the reconstruction of Elm Street, Witt Drive and East Lake Highlands Drive. (Hartline) Suggested Action: Background: City Council approved funding for the reconstruction of Elm Street, Witt Drive and East Lake Highlands Drive in the 2022/2023 CIP budget. The scope of work for this project includes the resurfacing of Elm Street (from East Lake Highlands Drive to Witt Drive) and Witt Drive (from FM 423 to 120 feet east of Elm Street ) with flex base subgrade, Type B and Type D asphalt pavement and a concrete ribbon curb. This project also includes the reconstruction of East Lake Highlands Drive and includes converting this street from an asphalt street to a concrete curb and gutter roadway. No drainage or utility work will be performed during this project. This project was advertised for bid and the bids were opened on September 22, 2022. The low bidder was Quality Excavation, Ltd. at a cost of $1,239,448.00. Teague, Nall & Perkins, Inc. recommends approval of the contract with this company. The Engineering Recommendation Letter is attached for review. With approval, the project is anticipated to start construction in November 2022 with an estimated completion in June 2023. Attachments: Location Map Engineering Recommendation Letter. Certified Bid Tabulation Financial Summary. Res 2022-xxx Quality Excavation Construction Svcs Contract.doc 65 MainNor th ColonyElm ReedCurryLarner Nervin Hale PruittRagan WilcoxShore Carr Jenkins August aKnightAshlock Wagner ElliotChapman Walker Wheeler Lake Highlands ShermanAl l enWoodruff FryerWitt Watkins Lakecrest Ward YoungerAndersonWaters Edge JoyWatsonLake ParkHorseshoe G a r v i nLakelandOak WamplerForestOverlake L a k e vie w I o l a H a m i l t o n G r a h a m Blair OaksMillerSu ns e t Haven HillsJohn Yates Bevily M a l o n e GarrettD r i s c o l l Chowning M i m o s a W illo wLaurel Harris Plaza MainWaters EdgeMainµLocation MapPavement Reconstruction of Elm Street, Witt Drive and East Lake Highlands Drive Project. Elm Street Asphalt Resurfacing Existing City Park Witt Road Asphalt Resurfacing East Lake Highlands ConcretePavement Reconstruction 66 TNP Firm Registrations Texas Board of Professional Engineers, Firm No. F-230 | Georgia Board of Professional Engineers, Firm No. PEF007431 Texas Board of Professional Land Surveying, Firm No. 10011600 | 10194381 | 10011601 Texas Board of Architectural Examiners, Firm No. BR 2673 engineers surveyors landscape architects ***.tnpinc.com TEXAS FORT WORTH DENTON ALLEN SAN ANTONIO CYPRESS SUGAR LAND GEORGIA BLAIRSVILLE ALBANY October 5, 2022 Ron Hartline, PE Director of Engineering City of The Colony, Texas 6800 Main Street The Colony, TX 75056 RE: Recommendation of Award Pavement Reconstruction of Elm Street, Witt Drive, and East Lake Highlands Drive BID # 69-22-10 tnp No.: CLY 21473 Dear Ron: The City of The Colony, Texas accepted bids on September 22, 2022 for the Pavement Reconstruction of Elm Street, Witt Drive, and East Lake Highlands Drive project. The project consists of the reconstruction of approximately 2,160 linear feet of existing asphalt streets with asphalt, concrete, and an alternate for adding a concrete ribbon curb along the proposed asphalt streets. The City received one responsive bid, and TNP prepared a bid tabulation and analyzed the bid results. The base bid and alternate totals are shown below: Bidder: Total Base Bid: Total with Alternates: Quality Excavation, LLC. $ 1,096,412.00 $ 1,239,448.00 Engineer's Estimate $ 1,097,557.50 $ 1,226,596.25 Per the bid data shown above, Quality Excavation, LLC. is the apparent low bidder for this project. We have analyzed the bid tabulation and found no anomalies. TNP has extensive experience working with Quality Excavation, LLC. on numerous projects of various disciplines and they have always performed satisfactorily. We have reviewed the forms required in the bid documents and have no objections to the information presented. The City has chosen to proceed with the project including the alternate bids, therefore based on the information provided herein, we recommend awarding the bid contract to Quality Excavation, LLC. for the Base Bid + Alternates for a total contract amount of $ 1,239,448.00. Feel free to contact us if you have any questions. tnp teague nall & perkins Jeff Sears, P.E. Project Manager 67 Contractor: Item No.Qty Unit Description of Items Unit Cost Total 1 1 LS TS 1 Mobilization and General Site Preparation 114,827.00$ 114,827.00$ 2 1 LS TS 2 Joint Stormwater Pollution Prevention Plan 20,000.00$ 20,000.00$ 3 1 LS TS 3 Pre-Construction Video 660.00$ 660.00$ 4 5 EA TS 4 Additional Water Valve Adjustments 740.00$ 3,700.00$ 5 5 EA TS 5 Additional Manhole or Cleanout Adjustments 3,660.00$ 18,300.00$ 6 500 SY TS 6 Additional Sawcut, Remove and Replace Asphalt Pavement (Full Depth) 125.00$ 62,500.00$ 7 1 LS TS 10 Pre-Construction Television Inspection 1,800.00$ 1,800.00$ Total Amount Section 1: General Project Items:221,787.00$ Contractor: Item No.Qty Unit Description of Items Unit Cost Total 8 1 LS TS 7 Cleanup 5,100.00$ 5,100.00$ 9 1 LS TS 8 Barricades, Warning and Detour Signs, and Traffic Handling 9,800.00$ 9,800.00$ 10 4,220 SY TS 9 Sawcut, Remove and Replace Asphalt Pavement (Full Depth) 110.00$ 464,200.00$ 11 3 EA TS 11 Adjust Existing Manhole or Cleanout to Final Grade 2,800.00$ 8,400.00$ 12 1 EA TS 12 Adjust Water Valve Box to Final Grade 760.00$ 760.00$ 13 825 SY TS 15 Common Bermuda Solid Sodding 7.00$ 5,775.00$ Total Amount Section 2: Elm Street Items:494,035.00$ Contractor: Item No.Qty Unit Description of Items Unit Cost Total 14 1 LS TS 7 Cleanup, all work complete in place according to the project specifications 4,800.00$ 4,800.00$ 15 1 LS TS 8 Barricades, Warning and Detour Signs, and Traffic Handling 7,800.00$ 7,800.00$ 16 1,092 SY TS 9 Sawcut, Remove and Replace Asphalt Pavement (Full Depth) 125.00$ 136,500.00$ 17 1 EA TS 11 Adjust Existing Manhole or Cleanout to Final Grade 760.00$ 760.00$ 18 304 SY TS 15 Common Bermuda Solid Sodding 7.00$ 2,128.00$ Total Amount Section 3: Witt Drive Items:151,988.00$ Section 1: General Project Items Spec No. Section 2: Elm Street Items Spec No. Section 3: Witt Drive Items Spec No. Quality Excavation Quality Excavation Quality Excavation BID 69-22-10 BID TABULATION PAVEMENT RESURFACING OF ELM STREET, WITT DRIVE AND EAST LAKE HIGHLANDS DRIVE City of The Colony Bidding Documents 1-16 68 BID 69-22-10 BID TABULATION PAVEMENT RESURFACING OF ELM STREET, WITT DRIVE AND EAST LAKE HIGHLANDS DRIVE City of The Colony Contractor: Item No.Qty Unit Description of Items Unit Cost Total 19 1 LS TS 7 Cleanup 5,100.00$ 5,100.00$ 20 1 LS TS 8 Barricades, Warning and Detour Signs, and Traffic Handling 8,600.00$ 8,600.00$ 21 1,200 SY TS 13 Sawcut and Remove Asphalt and Replace with 8" Concrete Pavement with Curbs 160.00$ 192,000.00$ 22 80 SY TS 13 Sawcut and Remove Concrete Driveways and Replace with 6" Concrete Paving 138.00$ 11,040.00$ 23 3 EA TS 11 Adjust Existing Manhole or Cleanout to Final Grade 2,800.00$ 8,400.00$ 24 1 EA TS 12 Adjust Water Valve Box to Final Grade 760.00$ 760.00$ 25 386 SY TS 15 Common Bermuda Solid Sodding 7.00$ 2,702.00$ Total Amount Section 4: East Lake Highlands Drive Items:228,602.00$ Contractor: Item No.Qty Unit Description of Items Unit Cost Total 26 2,094 LF TS 14 12" Concrete Ribbon Curb 47.00$ 98,418.00$ 27 1,698 SY TS 15 Common Bermuda Solid Sodding 7.00$ 11,886.00$ Total Amount Section 5: Added Alternate 1 - Elm Street Ribbon Curb:110,304.00$ Contractor: Item No.Qty Unit Description of Items Unit Cost Total 28 635 LF TS 14 12" Concrete Ribbon Curb 49.00$ 31,115.00$ 29 231 SY TS 15 Common Bermuda Solid Sodding 7.00$ 1,617.00$ Total Amount Section 6: Added Alternate 2 - Witt Drive Ribbon Curb:32,732.00$ Total Amount Base Bid 1,096,412.00$ Total Amount Base Bid + Alternates 1,239,448.00$ Section 4: East Lake Highlands Drive Items Spec No. Section 5: Added Alternate 1 - Elm Street Ribbon Curb Spec No. Section 6: Added Alternate 2 - Witt Drive Ribbon Curb Spec No. Quality Excavation Quality Excavation Quality Excavation Bidding Documents 1-17 69 FINANCIAL SUMMARY: Are budgeted funds available: Yes Amount budgeted/available: $ 1,300,000.00 (Construction) Fund(s) (Name and number): Fund Number : 895-669-6670 Project Number 2351 (Reconstruction of Elm Street and Witt Drive) Project Number 2352 (Reconstruction of East Lake Highlands Drive) Source of Funds: 2022/2023 Bond Issuance Cost of recommended construction services contract award: $ 1,239,448.00 Total estimated project cost: $ 1,239,448.00 Construction Cost Already authorized Yes  No 70 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND QUALITY EXCAVATION, LTD. FOR THE RECONSTRUCTION OF ELM STREET, WITT DRIVE AND EAST LAKE HIGHLANDS DRIVE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City has determined that it is in the best interest of the City to enter into the Construction Services Contract with Quality Excavation, Ltd. for the reconstruction of Elm Street, Witt Drive and East Lake Highlands Drive; and WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum of $1,239,448.00 for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas. Section 3.This Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 18TH DAY OF OCTOBER 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Kim Thompson, Deputy City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 71 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: October 18, 2022 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an Engineering Services Contract in the amount of $ 290,610.00 with Halff Associates, Inc. to prepare construction plans and specifications for the Phase 13 Residential Street Reconstruction project. (Hartline) Suggested Action: Background: This contract will authorize Halff Associates, Inc. to prepare construction plans and specifications for the Phase 13 Residential Street Reconstruction project. City Council approved funding for the design of these streets in the 2022 / 2023 CIP budget. The streets to be designed during this project are listed below. Concrete Streets: Gates Drive – Paige Road to Baker Drive Mayes Drive – Strickland Avenue to Pemberton Lane Pemberton Lane – Blair Oaks Drive to Mayes Drive The concrete streets will be reconstructed to the same width as existing with reinforced concrete pavement. Sidewalk, alley approaches and driveway returns within right-of-ways will also be reconstructed. Storm drains, water/wastewater mains and street lights will also be replaced, as needed. The design contract includes surveying, preparing construction specifications and drawings, bidding services and construction management. The total cost of the contract with Halff Associates, Inc. is $290,610.00. With approval, the project is anticipated to start construction in August 2023 with an estimated completion in December 2024. Attachments: Location Map Engineering Services Contract Scope of Services Financial Summary Res. 2022-xxx Halff Associates Contract.docx 72 6053 Main Street MainPaigeMemorialSH 121Nas h BakerFryer Blair OaksFox Ragan South ColonyKeys Norris Tu rn e r AztecSlay S t r i c k l a n d ReedRice TaylorRoberts Arbor GlenEthridgeWorley GatesElmNorth Colony N e w t o nMalone Tr e g o CurryBig River Larner GlenviewJoyNervin Sam Rayburn TollwayCrawford AlphaPruittHale Perrin Carroll Longo AveryPemberton AdamsSquires C a l d w e l l WilcoxGibson Kno x Tree se Carr Jenkins D r is c o llIreland Augusta John YatesP e a r c eKnightIola Ash lo ck ElliotW a g n e r L a k e s i d e Sherman C l a r y Phelps Clover Valley MarlarGrandscapeStanley H e t h e r i n g t o n C ha p m an Russell Powers Legend BedfordSt ewartShannon Whe el er SampleSagers DestinationAutumnBartlettLake Highlands Rutledge Buckskin Chatham StandridgeRamsey ConcordMillerKing Mor ni ng St arAl l enYoung A listerWoodruff Lakeshor eYa ge r Poole R u n y o n ApachePettitT y l e r Madison Jen n in g sDurbin GriffinWestwayMapleB a l l a r d Overland Rock CanyonRockwood Green Hollow Red O ak F allw ater Nebraska Furniture MartDarbyThompson Queen WexleyWard YoungerRolling HillArcher Kisor MatsonAlta O ak s Phoenix Marsh Copper CanyonCougar AlleyTeal CoveBl al ockS p a r k s Am hurstSutton T w i t t y Day SpringAndersonCypress CoveHaw se Pa inte r R i d g e p o i n t e Sundance WilshireWatson Fisher S a n d h illHorseshoe SouthmoorKean G a r v i n Acacia SarasotaLake VistaWampler SkylineBlue GlenAsh Glen Bentley Va nc e Wa t e r s Ed g e Evans N e w p o r t H a m i l t o n Inman Heron CoveH a c k n e y Stone C reekG o o d m a nOhare Woodlands Na v a hoWestportMel r oyMarks Crutchberry B anderaPlym outhAtterbury Indianola KellerGarrettAlliance MainPaigeM e m o r ia lSH 121µLocation MapPhase 13 Street Reconstruction Project Mayes Drive- Strickland Avenue to Pemberton Laine Gates Drive - Paige Road to Baker Drive Pemberton Lane- Blair Oaks to Mayes Drive 73 A-1 I:\52000s\52104\Prospect\001\Admin\Contracts\EXHIBIT A – Phase 13 Streets EXHIBIT “A” SCOPE OF SERVICES for Construction Plans, Specifications and Estimates Phase 13 Street Reconstruction in THE COLONY 1. Description: The project will involve the reconstruction of three (3) concrete streets. They are as follows: Gates Drive – Paige Road to Baker Drive (1,760 LF) Mayes Drive – Strickland Avenue to Pemberton Lane (800 LF) Pemberton Lane – Blair Oaks Drive to Mayes Drive (1,200 LF) Streets will be reconstructed to the same width as existing and with 6 -inch or 7-inch thick reinforced concrete paving sections in accordance with each street's classification . Sidewalks, alley and driveway approaches within street rights-of-way will be re constructed as well. Gates Drive shall include drainage improvements, water, and sanitary sewer lines within street right-of- way. Mayes Drive shall include drainage improvements and water lines within the street right-of-way. Pemberton Lane shall in clude water and sanitary sewer lines within the street right-of-way. No drainage improvements shall be included on Pemberton Lane, and no sanitary sewer line improvements shall be in cluded on Mayes Drive. 2. Assumptions: Professional services shall include only services that are normal and customary and are not represente d as i n cluding special services or those requiring expertise that is greater than that provided by other service providers. 3. Work Plan: A. Surveying: The Professional shall provide surveying services, which, in general, may be defined as normal services app licable to a project of this type. The following particulars will also apply. (1) Vertical benchmarks shall be establ ished such that all points of construction shall be within 500 feet of a benchmark. Benchmarks should not be subject to loss during construc tion. Fire hydrants and similar appurtenances are not to be used for benchmarks. The surveyor shall establish temporary benchmarks throughout the length of the project. 74 A-2 I:\52000s\52104\Prospect\001\Admin\Contracts\EXHIBIT A – Phase 13 Streets (2) Topographic features will be surveyed along with any and all other features needed for design, review, permitting, construction, and inspection of the project. Coverage will extend beyond the pro posed rights-of -way far enough to integrate the design with the adjacent properties. (3) Existing property corners, iron pins, etc. shall be tied in order to establish existing rights-of-way. Prior to surveying on private property, the surveyor shall secure w ritten permission from the property owners and/or tenant and shall provide the City a copy of said written permission. Should only oral permission be granted, the surveyor shall document the permission gran ted by letter to the property owner/tenant, with a copy to the City. If permission cannot be obtained, the City will assist or other arrangements will be worked out. B. Construction Plans: The Professional shall develop construction plans for review, permitting, bidding, construction, inspection and record keepin g. In general, construction plans shall be consistent with normal practice for projects of this nature. The following particulars will also apply. The construction plans will consist of numerous sheets ordered as follows: (1) Cover Sheet and Sheet Inde x: The cover sheet shall include a location map. Additionally, the cover sheet shall show the project name, project number, date, City logo , Prof essional ’s name, address, and telephone number and other ite ms as may be specified. Following the title shee t shall be a sheet index with drawings numbered consecutively and without subscripts. (2) Project Layout Sheet(s): The project layout sheet(s) w ill be drawn to a scale of 1” = 50’ and laid out with the north arrow up or to the right. The purpose of the proje ct layout is to depict the project in a simplified view. Major items of work will be shown without excessive detail. Additionally, survey control points shall be shown. (3) Project General Notes and Legend: These sheets will include a listing of abbreviati ons, legend, and general notes. (4) Typical Sections: Typical sections shall be drawn to scales of 1” = 5’ h and 1” = 2’ v and shall depict a vi ew looking north or east. As a minimum, typical sections will be drawn showing the relationship of the proposed street an d existing and proposed improvements. Typical sections will include existing roadways, right -of-way lines, etc., along with all propo sed hi ghway improvements and will depict all significant items of work. 75 A-3 I:\52000s\52104\Prospect\001\Admin\Contracts\EXHIBIT A – Phase 13 Streets (5) Plan and Profile Sheets: Plan -profile sheets will be arranged from south to north and from west to east, with the north arrow up or to the right on the sheet. Plan -profile sheets wil l be drawn to scales of 1” = 20’ h and 1” = 4’ v. Stationing will be from south to north or west to east with the beginni ng station being set at approximately 1+00. Each plan -profile sheet will include no more than 500 feet of street; thus, leaving ample margin s both left and right. The plan and profile station will align vertically on the sheet with the proposed ce nterlin e drawn parallel to the profile grid. When there is a centerline curvature, the plan -profile should be drawn so that as much of the p lan vi ew is in alignment as possible. Plan -profile sheets shall depict all existing and proposed items pertinent to the project. (6) Detail Sheets: The City’s standard drawings will be used as a beginning point in developing standard details for this project . They will be reviewed and modified for this project. Where oth er agency standards are used, they shall be reduc ed as n ecessary to fit on the City’s standard sheet format with complete title block. (7) Miscellaneous: Construction plans will also address erosion control, traffic control (including detours, road closures, signing, barricading, etc.) and all other improve ments. (8) Cross Sections: Cross sections shall be drawn to scales of 1” = 10’ h and 1” = 5’ v on sheets of 1” grids H and V. They shall be a rranged from bottom to top of the sheet looking up station and sha ll show existing and proposed features and improv ements. Generally, no more than eight (8) sections per sheet are to be plotted. Each section should extend beyond the easement and rights -of-way a sufficient distance to clearly show the relationship betwe en the proposed improvements and the existing pro perties. Full sections will be drawn at critical locations, such as steep driveways, retaining walls, and at maximum spacings of 50 feet. (9) Review P lans: Preliminary plans shall then be prepared and su bmitted at the 60% milestone. Pre-Final plans shall be prepared and submitted at the 90% milestone , followed by f inal plans prepared and submitted at the 100% milestone. Also, the Professional may submit plan sheets or working drawings to the City for review and comment to reduce the number of revisions that otherwise would be required. During development of the plans, the Professional shall attend one (1) meeting. (10) Desi gn: The design of the project s hall be in general accordance with the City of The Colony ordinances, standard details, and good Engineering practices. During the design phase, the Professi onal shall contact various utility companies and obtain info rmation relating 76 A-4 I:\52000s\52104\Prospect\001\Admin\Contracts\EXHIBIT A – Phase 13 Streets to existing utility l ines. The design should avoid major utility relocations, where practical. When required, proposed relocati ons or replacements will be shown in plan and prof ile. (11) Prints: The Professional shall provide prints of construction plans fo r review and permittin g. Five (5) sets of half -size plans will be submitted to the City for each review stage. The Professional will provide utility companies with half -size copi es of 60% plans for review. The Professional will provide u p to el even (11) sets of half - size pri nts for bidding and construction. Electronic files in PDF format shall be provided to the City for use by C ity staff and for posting on BIDSYNC. (12) General: Construction plans shall be furnished full -size and half -size. Overall dimensions of full -size construction plans shall be 22” x 34”. The City’s standard format shall be used. Up to two (2) full -size and five (5) half -size final construction plans shall b e furnished to the City. Up to two (2) f ull -size and six (6) half -size final construction plan s shall be furnished to the Contractor. Electronic files in PDF and DGN or DWG format shall b e provided to the Contractor for use during construction. (13) Generic Sheet List: Following is a general list of plan sheets req uired for each construction package. (a) C over Sheet (b) Sheet Index and Legend (c) Project General Notes (d) Typical Paving Sections (e) Project Layout Sheet(s) (f) Demolition Plans (g) Paving Plan and Profile Sheets (h) Driveway/Sidestreet Profile Sheets (i) Drainage Area Map (j) Hydraulic Grade Lin e and Inlet Calculations (k) Drainage Plan and Profile Sheets (l) Storm Drain Lateral Profiles (m)City of The Colony Pavement Standa rd Details (n) Miscel laneous Pavement Details (o) City of The Colony Storm Drain Standard Details (p) Water Line Plan Sheets (q) Sanitary Sewer Plan and Profile Sheets (r) City of The C olony Water Standard Details (s) City of The Colony Wastewater Standard Details (t) Erosion Control Plans (u) City of Th e Colony Erosion Control Details (v) Pavement Markings, Lighting and Signage Plans and Details 77 A-5 I:\52000s\52104\Prospect\001\Admin\Contracts\EXHIBIT A – Phase 13 Streets (w) Traffic Control and Sequen cing Plans (x) Roadway Cross Sections C. Specifications: The Professional shall prepare a project manual and technical specifications required f or bidding and constructing the project. The project manual will be provided in the City’s standard format. On ly specifications amending or suppleme nting COG specifications need be furnished. Project manual, specifications, bid items and q uantities shall be furnished on hard copy and by electronic file. Speci fications will be provided at the 60% milestone and at all subsequent submissions. D. Estimates: Estimates of probable cost will be developed at e ach mil estone submittal. E. Public Meetings: The Professi onal shall not be required to attend public meetings for this project. F. City Council Coordination : The Professional shall not be required to attend any City C ouncil meetings under this contract. G. Construction Control Staking: Th e Contractor will provide construction staking. H. Bidding, Construction, Closure: (1) Bidding – During the bidding phase, the Professional will prepare bid documents an d assist the City in advertising the project for bids. The Professional will address technical questions and prepare addenda and issue to the bidders. The Professional shall attend a pre -bid meeting and prepare minutes. The Professional will tabulate bi ds and ma ke recommendation for award of contract. (2) Constructi on: (a) Attend a pre-construction meeting and monthly progre ss meetings as required. Document each meeting with written minutes. (b) Visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and quality of the executed work. In performing these services the Professional will endeavor to protect the City against defects and deficiencies in the work of the Contractor. However, the Professional cannot gu arantee the performance of the Contractor, nor be responsibl e for the actual supervision of the construction operatio ns or for the safety measures that the Contractor takes or should take. (c) Review shop drawings and Contractor submittals. (d) Review laboratory test reports on materials and equipment. 78 A-6 I:\52000s\52104\Prospect\001\Admin\Contracts\EXHIBIT A – Phase 13 Streets (e) Prepare and negotiate Change Orders between the Contractor and the City. (f) Prepare record drawings from information supplied by the Contractor. (g) Attend final inspection and prepare a punch list report. (3) Closure – The Professional shall prepare “record” plans, incorporating all changes and known variations to provide the City the best possible set of record drawings. The final record drawings shall be furnished in .tif and .pdf format on CD . CADD files shall be furnishe d on CD as well. I. Permitting: (1) The Professional shall prepare applications to the Texas Department of Licensing and R eview (TDLR) for code review of sidewalks and ramps. After construction the Professional shall notify TDLR of completion date. Professional shall address any questions or issues by TDLR as a result of review and inspection. TDLR review and inspection fees are included in this proposal . J. Geotechnical Investigation : The Professional will subcontract with CMJ Engineering to provide sub-surface i nvestigations in the form of boring logs. Borings shall be of sufficient depth and spacing to provide general information needed for the design and construction of the project. K. Miscellaneous: Miscellaneous services not provided for herein and not generally associated with a project of this type will be paid for under an amendment to this Agreement and for an additiona l fee. 4. Schedule: A. Completion of design surveys and geotechnical investig ation: 60 calendar days from date of written authorization to begin work. B. Completion/furnishing 60% preliminary plans, speci fications, bid quantities, and constructio n cost estimate: 145 calendar days from date of written authorization to begin. C. Completion/furnishi ng 90% pre-final plans, specifications, bid qu antitie s, and construction cost estimate: 60 calendar days after receipt of City 60% plan comments. D. Completion/furnishing 100% final plans, specifications, bid qu antities, and construction cost estimate: 30 calendar days after receipt of City 90% plan comments. 79 A-7 I:\52000s\52104\Prospect\001\Admin\Contracts\EXHIBIT A – Phase 13 Streets E. Bidding services: 60 calendar days from City’s approval of final plans. F. Construction services: In accordance w ith construction schedule (estimated to be 450 calendar days total) G. Closure: 60 calendar days from the date of construction completion. 80 B-1 EXHIBIT “B” COMPENSATION for Construction Plans, Specifications and Estimates Phase 13 Street Reconstruction in THE COLONY Exhibit “B” defines the basis of compensation to the Professional for the services rendered. A. Basic Fee Services – The basic fee for the services as described in Exhibit “A” will be $242,900 which includes direct costs and computer charges normally associated with production of these services . The basis of compensation for Basic Fee services shall be as follows: 1. $121,920 for Phase I – Preliminary Design Phase (60% submittal) 2. $81,280 for Phase II – Final Design Phase (100% submittal) 3. $39,700 for Construction Phase Services Items (1) through (3) will be billed monthly based on actual completio n of the tasks and may include partial p ayments of the total amounts designated for each item. B. Special Services – Special Services will be billed monthly based on actual completion of the tasks and may include partial payments of the total amounts design ated for each item. The table on the fol lowing page summarizes special services fees. TASK DESCRIPTION FEE 1. Design Surveys $29,000 4. Geotechnical Investigation $14,750 5. Plan Review Fee & TDLR State Filing and Inspection Fees $1,960 7. Reimbursable Expenses (Final Printing, Deliveries, Mileage, etc.) $2,000 TOTAL SPECIAL SERVICES $47,710 The total maximum fee for all services is $290,610.00 (two hundred ninety thousand six hundred and ten dollars and zero cents). All fees shall be b illed as lump sum. 81 City of The Colony 10/11/2022Phase 13 Street ReconstructionHalff Associates AVO P52104.001(1)(2)TaskDirector Team LeaderQA/QC ManagerProject ManagerEIT Surveyor, RPLSSurvey Crew, PCSurvey Crew, IMSurvey TechnicianGIS SpecialistCADD Clerical Total Total Fees, Materials & SuppliesSubtotal TotalSpecial ServicesDesign Surveys0.5 2.0 6.0 10.0 22.0 60.0 60.0 38.0 1.0 40.0 2.0 241.5 $28,640.87 $600.00 $29,240.87 $29,000.00Geotechnical Investigaton (CMJ)$13,407.00 $1,340.70 $14,747.70 $14,750.00TDLR Review and Inspection Fees1.0 6.07.0 $946.68 $1,010.00 $1,956.68 $1,960.00Printing and Delivery Costs8.0 8.0 $772.80 $1,200.00 $1,972.80 $2,000.00SUBTOTAL - Special Services0.5 2.0 7.0 16.0 22.0 60.0 60.0 38.0 1.0 40.0 10.0 256.5 $43,767.35 $4,150.70 $47,918.05 $47,710.00Basic Fee Services Construction Plans (Approx. # of Sheets)Cover Sheet (1)0.25 0.5 0.51.0 2.3 $323.61 $323.61 $300.00Sheet Index and Legend (1)0.25 0.5 2.01.0 3.8 $515.09 $515.09 $500.00General Notes (2)0.50 2.0 1.01.0 4.5 $703.80 $703.80 $700.00Typical Paving Sections (1)4.0 8.02.0 14.0 $1,992.72 $1,992.72 $2,000.00Modified and Standard Details0.25 0.5 2.05.0 7.8 $1,011.89 $1,011.89 $1,000.00Gates DriveProject Layout Sheets (2)0.25 4.0 8.04.0 16.3 $2,286.32 $2,286.32 $2,300.00Demolition Plans (2)0.50 8.0 16.08.0 32.5 $4,572.63 $4,572.63 $4,600.00Paving Plan and Profile Sheets (4)0.50 4.00 32.0 48.012.0 96.5 $14,272.31 $14,272.31 $14,300.00Sidestreet and Alley Profiles (2)0.50 6.0 12.02.0 20.5 $2,955.27 $2,955.27 $3,000.00Driveway Profiles (3)0.50 4.0 12.08.0 24.5 $3,338.91 $3,338.91 $3,300.00Drainage Area Maps (1)0.25 0.50 4.0 8.02.0 14.8 $2,156.42 $2,156.42 $2,200.00Hydraulic Grade Line and Inlet Calculations (2) 0.500.50 4.0 8.02.0 15.0 $2,229.74 $2,229.74 $2,200.00Drainage Plan and Profile Sheet (5)2.00 16.0 40.08.0 66.0 $9,353.64 $9,353.64 $9,400.00Water Line Plan Sheets (2)1.00 12.0 24.03.0 40.0 $5,786.34 $5,786.34 $5,800.00Sanitary Sewer Plan and Profile Sheets (4)2.00 24.0 48.06.0 80.0 $11,572.68 $11,572.68 $11,600.00Erosion Control Plans (1)0.50 4.0 8.02.0 14.5 $2,083.11 $2,083.11 $2,100.00Traffic Control and Sequencing Plans (1)0.50 4.0 8.02.0 14.5 $2,083.11 $2,083.11 $2,100.00Pavement Markings, Light and Signage Plans (1)0.50 4.0 8.02.0 14.5 $2,083.11 $2,083.11 $2,100.00Roadway Cross Sections (6) 0.25 2.00 16.0 40.06.0 64.3 $9,178.55 $9,178.55 $9,200.00Mayes DriveProject Layout Sheets (1)0.25 4.0 8.02.0 14.3 $2,037.92 $2,037.92 $2,000.00Demolition Plans (2)0.50 8.0 16.08.0 32.5 $4,572.63 $4,572.63 $4,600.00Paving Plan and Profile Sheets (3)0.50 1.00 36.0 48.012.0 97.5 $14,453.09 $14,453.09 $14,500.00Sidestreet and Alley Profiles (1)0.50 6.0 12.02.0 20.5 $2,955.27 $2,955.27 $3,000.00Drainage Area Maps (1)0.25 0.50 4.0 8.02.0 14.8 $2,156.42 $2,156.42 $2,200.00Hydraulic Grade Line and Inlet Calculations (2) 0.500.50 4.0 8.02.0 15.0 $2,229.74 $2,229.74 $2,200.00Drainage Plan and Profile Sheet (1)0.50 0.50 4.0 8.02.0 15.0 $2,229.74 $2,229.74 $2,200.00Water Line Plan Sheets (2)0.50 8.0 32.08.0 48.5 $6,615.03 $6,615.03 $6,600.00Erosion Control Plans (1)0.50 2.0 8.02.0 12.5 $1,721.55 $1,721.55 $1,700.00Traffic Control and Sequencing Plans (1)0.50 4.0 8.02.0 14.5 $2,083.11 $2,083.11 $2,100.00Pavement Markings, Light and Signage Plans (1)2.0 4.02.0 8.0 $1,120.56 $1,120.56 $1,100.00Roadway Cross Sections (4) 1.00 16.0 36.06.0 59.0 $8,413.86 $8,413.86 $8,400.00Pemberton LaneProject Layout Sheets (1)0.25 4.0 8.02.0 14.3 $2,037.92 $2,037.92 $2,000.00Demolition Plans (2)0.50 8.0 16.08.0 32.5 $4,572.63 $4,572.63 $4,600.00Paving Plan and Profile Sheets (3)0.50 1.00 36.0 48.012.0 97.5 $14,453.09 $14,453.09 $14,500.00Water Line Plan Sheets (2)0.50 8.0 32.08.0 48.5 $6,615.03 $6,615.03 $6,600.00Sanitary Sewer Plan and Profile Sheets (3)0.50 8.0 32.08.0 48.5 $6,615.03 $6,615.03 $6,600.00Erosion Control Plans (1)0.50 2.0 8.02.0 12.5 $1,721.55 $1,721.55 $1,700.00Traffic Control and Sequencing Plans (1)0.50 4.0 8.02.0 14.5 $2,083.11 $2,083.11 $2,100.00Pavement Markings, Light and Signage Plans (1)2.0 4.02.0 8.0 $1,120.56 $1,120.56 $1,100.00Roadway Cross Sections (5) 1.00 16.0 36.06.0 59.0 $8,413.86 $8,413.86 $8,400.00Quantities and Cost Estimates 2.00 16.0 16.034.0 $5,296.44 $5,296.44 $5,300.00Specifications / Project Manual2.00 12.0 16.04.0 34.0 $4,959.72 $4,959.72 $5,000.00Utility Coordination8.0 8.016.0 $2,467.44 $2,467.44 $2,500.00Meetings (1)2.002.0 2.06.0 $1,203.36 $1,203.36 $1,200.00Internal Q/C8.00 16.00 24.048.0 $12,276.48 $12,276.48 $12,300.00Construction Phase ServicesPre-Bid Meeting0.25 6.0 6.012.3 $1,895.78 $1,895.78 $1,900.00Bidding / Addenda0.506.04.0 10.5 $1,242.69 $1,242.69 $1,200.00Contracts / Agreements / Recommendation Letter / Bid Tab 0.506.04.0 10.5 $1,242.69 $1,242.69 $1,200.00Pre-Construction Meeting0.50 6.0 6.012.5 $1,940.97 $1,940.97 $1,900.00Submittals / Pay Requests / Schedules / Change Orders 1.00 24.0 40.065.0 $9,625.50 $9,625.50 $9,600.00Monthly Construction Meetings & Site Visits60.0 60.0120.0 $18,505.80 $18,505.80 $18,500.00Final Inspection and Punchlist0.50 6.0 8.014.5 $2,196.27 $2,196.27 $2,200.00Record Drawings0.50 2.0 6.016.0 24.5 $3,205.05 $3,205.05 $3,200.00SUBTOTAL - Basic Fee Services13.8 51.3 24.0 477.5 869.5193.0 12.0 1641.0 $242,779.09 $242,779.09 $242,900.00TOTAL PROJECT14.3 53.3 24.0 484.5 885.5 22.0 60.0 60.0 38.0 1.0 233.0 22.0 1897.5 $286,546.43 $4,150.70 $290,697.13 $290,610.00 82 FINANCIAL SUMMARY: Are budgeted funds available: Yes Amount budgeted/available: $5,200,000.00 (Engineering/Construction) Fund(s) (Name and number): 895-669-6670 Project Number 2349 Source of Funds: 2022/2023 Bond Proceeds Cost of recommended contract award: $ 290,610.00 Total estimated project cost: $ 290,610.00 Engineering Already authorized Yes  No $ 290,610.00 Total estimated costs 83 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE ACONTRACTWITH HALFF ASSOCIATES, INC., TO PREPARE CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE PHASE 13 RESIDENTIAL STREET RECONSTRUCTION PROJECT; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with Halff Associates, Inc. to prepare construction plans and specifications for the Phase 13 residential street reconstruction project; and WHEREAS, with this Contract the City of The Colony is agreeing to the services not to exceed the amount of $290,610.00 for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas. Section 2.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 18TH DAY OF OCTOBER 2022. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Kim Thompson, Deputy City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 84 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: October 18, 2022 Submitted by: David Cranford Submitting Department: Finance Item Type: Ordinance Agenda Section: Subject: Conduct a public hearing, discuss and consider approving an ordinance levying of the Public Improvement District Annual Assessment on properties located within the City of The Colony Public Improvement District No. 1 for the Fiscal Year 2022-23. (Maurina) Suggested Action: 2022-23 assessment of Grandscape properties for maintenance. Attachments: The Colony Grandscape PID -SAP 2022-23 Annual Service and Assessment Plan Update.doc Ord. 2022-XXXX PID Assessment.docx 85 1775.016\108190.5 City of The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update (Assessment Year October 1, 2022 to September 30, 2023) Approved by City Council on October 18th, 2022 86 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 2 1775.016\108190.5 SECTION 1 INTRODUCTION Unless otherwise defined, all capitalized terms used in this "City of The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update (Assessment Year October 1, 2022 to September 30, 2023)" (this "SAP Update") shall have the meanings set forth in that certain City of The Colony Public Improvement District No. 1 Amended and Restated Service and Assessment Plan, originally approved on February 7, 2013, recorded in the real property records of Denton County, Texas as Document No. 2013-20487, and as updated and most recently amended, restated, and consolidated on January 19, 2021 (the "Service and Assessment Plan") by Ordinance No. 2021-2430 adopted by the City Council on January 19, 2021. Unless otherwise defined, all references to "Section" mean a section of this SAP Update, and all references to "Exhibit" mean an exhibit to this SAP Update. 1.1 On October 8, 2012, the City Council of the City of The Colony, Texas (the "City Council" and the "City") passed and approved Resolution No. 2012-073 creating The Colony Public Improvement District No. 1 (the "District") pursuant to Chapter 372, Texas Local Government Code, as amended (the "Act"). The District includes within its boundaries approximately 439.12 contiguous acres located within the corporate limits of the City south of and adjacent to the Sam Rayburn Tollway (State Highway 121), north of and adjacent to Plano Parkway, and west of Spring Creek Parkway which property is described by metes and bounds on Exhibit A and depicted on Exhibit A-1 (the "Property"). 1.2 The Act governs the process by which the Public Improvements Cost is allocated to and assessed against the Property. This process requires the preparation of an ongoing service plan (a "Service Plan"), an assessment plan (an "Assessment Plan"), and an assessment roll (an "Assessment Roll"). 1.3 The Act requires the preparation, and the presentment to, and review and approval by, the City Council, of a Service Plan that must: (1) cover a period of at least five years; (2) define the annual indebtedness and projected costs of the Public Improvements; and (3) include a copy of the notice form required by Section 5.014 of the Texas Property Code, as amended. The Service Plan must be reviewed and updated at least annually to determine the annual budget for the Public Improvements. The City Council may approve the Service Plan only by Ordinance; and, upon approval, a copy of the Service Plan must be filed with the County Clerk of Denton County, Texas, the County in which all of the District is located, not later than the seventh (7th) day after the date of such approval. The Service Plan is contained in Section 4. 1.4 The Act requires the Service Plan to include an Assessment Plan. The Assessment Plan assesses the Public Improvements Cost against the Property on the basis of the special benefits conferred upon the Property by the Public Improvements. The Public Improvements Cost may be assessed in any manner that results in imposing equal shares of the cost on Parcels similarly benefited. The special benefit of the Public Improvements is being apportioned by this Service and Assessment Plan to the Property in the amount of the Public Improvements Cost. The Assessment Plan is contained in Section 5. 1.5 The Act also requires the City Council to review and update the Service Plan annually for the purpose of determining the annual budget for the Public Improvements. The annual budget 87 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 3 1775.016\108190.5 for the Public Improvements is contained in Section 6. The Act states that the Service Plan may be amended or updated only by Ordinance. Upon approval of an amendment or update of the Service Plan, including the notice form required by Section 5.014 of the Texas Property Code, as amended, the City Council shall file a copy of the amended or updated Service Plan with the County Clerk of Denton County, Texas, the County in which all of the District is located, not later than the seventh (7th) day after the date of such approval. 1.6 The Act requires the preparation of an Assessment Roll after the total Public Improvements Cost has been determined. The Assessment Roll must state the assessment against each Parcel determined by the method of assessment chosen by the City Council in the Assessment Plan. The assessment against a Parcel must be sufficient to pay the share of the Public Improvements Cost allocated to the Parcel and cannot exceed the special benefit conferred upon the Parcel. The Assessment Roll is contained in Section 7. 1.7 A summary of the chronological history of City Council actions for the District is attached as Exhibit F. SECTION 2 2013 FACILITY PUBLIC IMPROVEMENTS 2.1 The portion of the Property described as Grandscape Addition Lot 1/Block A consisting of 81.99 acres and identified as Denton Central Appraisal District ("Denton CAD") Tax Parcel No. 657618, and the portion of the Property described as Grandscape Additional Lot 2/Block A consisting of 25.48 acres and identified by Denton CAD Tax Parcel No. 657619 (collectively, the "Facility Property") is developed with a mixed-use facility which includes approximately 1,280,000 square feet for warehouse and distribution uses, approximately 25,000 square feet for a regional corporate headquarters, approximately 546,000 square feet for retail sales to the general public and surface and structured parking (collectively, the "Facility"). The development of the Facility Property required construction of the 2013 Public Improvements that specially benefit the Facility Property. 2.2.In connection with the 2013 Project Infrastructure Bonds to finance a portion of the costs of the 2013 Public Improvements, the City approved the Original Service and Assessment Plan for the District by adopting the 2013 Assessment Ordinance on February 7, 2013. The 2013 Assessment Ordinance levied an Assessment in the amount of $83,400,000.00 (the "2013 Facility Public Improvement Assessment") against the Facility Property for the portion of the 2013 Public Improvements Cost that the City Council determined conferred a special benefit on the Facility Property. As authorized by the Act, the 2013 Assessment Ordinance deferred the assessment of the remainder of the 2013 Public Improvements Cost in the amount of $11,400,000.00 for the portion of the 2013 Public Improvements that specially benefit the Related Development Property (the "2013 Related Development Deferred Assessment") until the portion of the Related Development Property that is specially benefited by the 2013 Public Improvements could be identified. The 2013 Assessment Ordinance also deferred the assessment of the Related Development Public Improvements Cost against the Related Development Property until the portion(s) of the Related Development Property that are specially benefited by the Related Development Public Improvements could be identified. As described below, the City 88 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 4 1775.016\108190.5 has levied and intends to continue levying Additional Facility Assessments against the Facility Property for costs of Additional Facility Public Improvements (that do not include the 2013 Public Improvements) and has levied and intends to continue levying Assessments against the Related Development Property for a portion of the costs of the Related Development Public Improvements (that do not include the 2013 Public Improvements). 2.3 The 2013 Facility Public Improvements have been constructed by or on behalf of the Corporations using, in part, the net proceeds of the 2013 Project Infrastructure Bonds. The 2013 Facility Public Improvements fall into the following categories: (i) water, wastewater, and drainage facilities or improvements, including sanitary sewer facilities, storm water detention and retention facilities, and utility relocations related to such improvements; (ii) street and roadway improvements, including related traffic signalization, signage, sidewalks, curbs, gutters, streetscape, landscaping, drainage improvements, and utility relocations related to such street and roadway improvements; (iii) mass transit facilities; (iv) park improvements, (v) landscaping; (vi) lighting and signage; (vii) pedestrian malls; and (viii) site improvements for any of the foregoing, including, but not limited to, grading, erosion control, wetlands mitigation, and floodplain reclamation. The 2013 Public Improvements are more particularly described in the engineering report titled PUBLIC IMPROVEMENTS REPORT, The City of The Colony Public Improvement District No. 1, The Colony, Texas dated November 30, 2012, prepared by Graham Associates, Inc. (the "2013 Official Report"), a copy of which report is attached as Exhibit B to the Service and Assessment Plan. All 2013 Facility Public Improvements, and portions of the Property on which the 2013 Facility Public Improvements have been constructed, will remain owned by the City. 2.4 The 2013 Facility Public Improvement Assessment was pledged, on a pro-rata basis (based on the par amount of each series of 2013 Project Infrastructure Bonds issued as a percentage of the total par amount of all 2013 Project Infrastructure Bonds), as additional security for each series of 2013 Project Infrastructure Bonds in the event of a Debt Service Shortfall. Assessment Revenue generated from the 2013 Facility Public Improvement Assessment, if collected by the City in the event of Debt Service Shortfall, that is pledged to pay Debt Service Shortfall for any one series of the 2013 Project Infrastructure Bonds is not pledged to pay Debt Service Shortfalls for any other series of 2013 Project Infrastructure Bonds. In connection with each series of 2013 Project Infrastructure Bonds, each respective issuer of the 2013 Project Infrastructure Bonds entered into a reimbursement agreement relating to each respective series of 2013 Project Infrastructure Bonds (such agreements are referred to collectively as the "2013 Reimbursement Agreements"). On January 19, 2021, the City issued its 2021 LGC Tax Refunding Bonds that refunded all of the outstanding 2013 LGC Tax Bonds; and, the City entered into a 2021 LGC Tax Bonds Reimbursement Agreement relating to the 2021 LGC Tax Refunding Bonds. The 2021 LGC Tax Bonds Reimbursement Agreement pledged the portion of the 2013 Facility Public Improvement Assessments previously allocated to the 2013 LGC Tax Bonds to the 2021 LGC Tax Refunding Bonds and replaced the 2013 LGC Tax Bonds Reimbursement Agreement in its entirety. Public Improvement Bonds secured in whole or in part by Assessments levied against Property in the District as additional security in the event of a Debt Service Shortfall, including the 2013 Project Infrastructure Bonds (but excluding the 2013 LGC Tax Bonds which were refunded by the 2021 LGC Tax Refunding Bonds) and the 2021 LGC Tax Refunding Bonds, are referred to collectively as "Project Infrastructure Bonds." The 2013 Reimbursement Agreements together with the 2021 LGC Tax Bonds Reimbursement 89 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 5 1775.016\108190.5 Agreement are referred to collectively as the "Reimbursement Agreements." Assessment Revenue from the 2013 Facility Public Improvement Assessment levied against the Facility Property as additional security for any series of Project Infrastructure Bonds will be collected in the event of a Debt Service Shortfall in Semi-Annual Installments and deposited into the PID Operating Account as described below in Section 5.9 below. SECTION 3 ADDITIONAL FACILITY IMPROVEMENTS AND RELATED DEVELOPMENT IMPROVEMENTS 3.1 In addition to the 2013 Facility Public Improvement Assessment, the City has levied and will continue to levy Assessments (the "Additional Facility Assessments") unrelated to Project Infrastructure Bonds or the 2013 Public Improvements against the Facility Property for "Additional Facility Public Improvements" that fall into the following categories: (i) water, wastewater, and drainage facilities or improvements, including sanitary sewer facilities, storm water detention and retention facilities, and utility relocations related to such improvements; (ii) street and roadway improvements, including related traffic signalization, signage, sidewalks, curbs, gutters, streetscape, landscaping, drainage improvements, and utility relocations related to such street and roadway improvements; (iii) mass transit facilities; (iv) park improvements, (v) landscaping; (vi) lighting and signage; (vii) pedestrian malls; (viii) site improvements for any of the foregoing, including, but not limited to, grading, erosion control, wetlands mitigation, and floodplain reclamation; (ix) special supplemental services for improvement and promotion of the District, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement; and (x) payment of expenses incurred in the administration and operation of the District. The Additional Facility Public Improvements for which Assessments have been previously levied are more particularly described in the special benefits reports attached to the 2015 Annual Service Plan Update, 2016 Annual Service Plan Update, 2017 Annual Service Plan Update, 2018 Annual Service Plan Update, 2019 Annual Service Plan Update, 2020 Annual Service Plan Update, 2021 Annual Service Plan Update, and in this Section 3 of this SAP Update. The Additional Facility Assessments have not been and will not be pledged as security for any series of Project Infrastructure Bonds. The Creation Resolution establishes a cap on the amount of total costs for which Assessments may be levied against the Facility Property and in no event shall the total amount of Assessments levied against the Facility Property for the 2013 Public Improvements and the Additional Facility Public Improvements exceed $150,000,000. 3.2 As described above in Section 2.2, the City deferred the 2013 Related Development Deferred Assessment for the remainder of the 2013 Public Improvements Cost in the amount of $11,400,000.00 for the portion of the 2013 Public Improvements that specially benefit the Related Development Property until the portion of the Related Development Property that is specially benefited by the 2013 Public Improvements could be identified. The City has levied, and intends to continue levying, additional Assessments against the Related Development Property for the remaining Related Development Public Improvements Cost (that do not include the 2013 Public Improvements) as portions of the Related Development Property that are specially benefited by the Related Development Public Improvements are developed. The costs of certain Related Development Public Improvements and the method of allocation of such costs based on the benefit conferred by such Related Development Public Improvements are included 90 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 6 1775.016\108190.5 in this SAP Update; and, additional information for the Related Development Public Improvements will be included in future updates to the Service and Assessment plan as development progresses. 3.3 The Related Development Public Improvements fall into the same categories as the 2013 Facility Public Improvements plus: (i) off street structured and surface parking facilities, (ii) special supplemental services for improvement and promotion of the District, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement; and (iii) payment of expenses incurred in the administration and operation of the District. 3.4 Portions of the Related Development Property remain undeveloped, while other portions are under development or fully developed. Portions of the Property will be developed with additional mixed-use facilities including, but not limited to, entertainment, tourism, recreation, and convention facilities that will attract tourists, visitors, and shoppers from a wide geographic region, and hotels, retail stores, concessions, restaurants, and other facilities related to the entertainment, tourism, recreation, and convention uses (collectively, the "Related Development"). The portions of the Related Development currently under development include the following: the portion of the Property described as (1) Grandscape Addition, Phase II, Lot 6/Block A consisting of 2.015 acres and identified as Denton CAD Tax Parcel No. 692390; (2) Grandscape Addition, Phase II, Lot 7/Block A consisting of 2.105 acres and identified as Denton CAD Tax Parcel No. 692391; (3) Grandscape Addition, Phase II, Lot 8/Block A consisting of 2.944 acres and identified as Denton CAD Tax Parcel No. 653843; (4) Grandscape Addition, Phase II, Lot 9/Block A consisting of 2.683 acres and identified as Denton CAD Tax Parcel No. 653844; (5) Grandscape Addition Phase II, Lot 2R/Block B consisting of 1.903 acres and identified as Denton CAD Tax Parcel No. 692387; (6) Grandscape Addition Phase II, Lot 3R- X/Block B consisting of .301 acres and identified as Denton CAD Tax Parcel No. 692388; (7) Grandscape Addition Phase II, Lot 1/Block B consisting of 3.386 acres and identified as Denton CAD Tax Parcel No. 674231; (8) Grandscape Addition Phase II, Lot 1R/Block J consisting of 2.931 acres and identified as Denton DCAD Property ID No. 692379; (9) Grandscape Addition Phase II Lot 3X/Block J consisting of .204 acres and identified as Denton CAD Tax Parcel No. 692380; (10) Grandscape Addition Phase II, Lot 1(S pt)/Block H consisting of 8.551 acres and identified as Denton DCAD Property ID No. 732382; (11) Grandscape Addition Phase II, Lot 3(SE PT)/Block A consisting of 86.502 acres as identified as Denton CAD Property ID No’s. 748393,753491 and 753492; (12) Grandscape Addition Phase II BLK A LOT 3R consisting of 3.645 acres and identified as Denton CAD Tax Parcel No. 674218; (13) Grandscape Addition BLK B Lot 4 consisting of 1.925 acres and identified as Denton CAD Property ID No. 692389 (14) Grandscape Addition Phase II, Lot 3/Block A (collectively 1.2(1)-(14) are, the "Related Development Property"). Certain public improvements (the "Related Development Public Improvements") are or will be required to serve the Related Development Property. The portion of the property described as Grandscape Addition, Phase II, Lot 2/Block D consisting of approximately 16.421 acres and identified as Denton CAD Tax Parcels Nos. 957987, 704832, 957988, 957989, 957990, 957991 and 957992 (the "Waterfront Property") will be developed with a boardwalk and related amenities (the "Waterfront"), including public improvements required to serve the Waterfront (the "Waterfront Public Improvements", and together with the Related Development Public Improvements referred to collectively as the "Annual Related Development Public Improvements"). 91 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 7 1775.016\108190.5 3.5 All Additional Facility Public Improvements and Annual Related Development Public Improvements, and portions of the Property on which such Public Additional Facility Public Improvements and Annual Related Development Improvements are constructed, will remain owned by the City. 3.6 The annual costs for the Additional Facility Public Improvements are estimated in the Official Report for the 2022-23 Public Improvements Cost. The total cost of the Additional Facility Public Improvements is estimated to be $703,184.79 (the "2022-23 Additional Facility Public Improvements Cost") as shown on Exhibit B. The annual total cost of the Waterfront Public Improvements is estimated to be $63,846.31 (the "2022-23 Waterfront Public Improvements Cost") as shown on Exhibit B. The annual total cost of the Related Development Public Improvements is estimated to be $463,235.30 (the "2022-23 Related Development Public Improvements Cost") as shown on Exhibit B. The individual line item costs shown in the Official Report and on Exhibit B for each category of Additional Facility Public Improvements and Annual Related Development Public Improvements are estimates and may vary item-to-item so long as the cost of all Public Improvements do not exceed $1,230,266.40. The Additional Facility Public Improvements Cost and Annual Related Development Public Improvements Cost are sometime referred to collectively as the "2022-23 Public Improvements Cost." A reconciliation of the 2021-22 Public Improvement Costs yielded a $238,238 surplus. To provide operations funding during the lag period between the budget commencement and the annual assessment collection $303,353 (90 days of operating costs) was allocated to a “Pre-paid Expense” line item. An additional $9,040 is being added to the total assessment to recover costs from parcel specific Enhanced Development Services described in Exhibit D. The total sum of the 2021-22 Public Improvement Costs, the 90 Days of operating costs, and the parcel specific Enhanced Developmental services brings the overall assessment to $1,542,660 The surplus of $238,238 was allocated proportionately to reduce the 2021-22 Assessment from $1,542,660 to $1,304,422. 3.7 Assessments levied against the Facility Property, Related Development Property, or Waterfront Property for costs of the Additional Facility Public Improvements and Annual Related Development Public Improvements, as applicable, that are not pledged as security for Project Infrastructure Bonds shall be updated annually and shall be collected as described below in Section 5.10 and shall be deposited into a sub-account of the PID Operating Account and used solely for the purposes determined by the City Council at the time the Assessments are levied. SECTION 4 SERVICE PLAN 4.1 This Section 4 is the Service Plan for the District. This Service Plan covers a period of at least five (5) years beginning with calendar year 2021 and defines the projected cost and annual indebtedness for the Public Improvements. The Service Plan shall be reviewed and updated at least annually for the purpose of determining the annual budget for the Public Improvements (each such update, a "Service Plan Update"). 4.2 As confirmed by the 2021 City Ordinance, the actual costs for the 2013 Public Improvements exceeded the estimated 2013 Public Improvements Cost of $94,800,000.00 described in the Original Service and Assessment Plan, the 2013 Official Report, and 2013 92 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 8 1775.016\108190.5 Special Benefit Analysis. The annual indebtedness for the 2013 Public Improvements for the next five years is shown on Exhibit C-1. The annual indebtedness for the 2013 Public Improvements Cost in any given year is the sum of the Semi-Annual Installments for the Project Infrastructure Bonds for the year. 4.3 The projected Additional Facility Public Improvements Cost is $703,184, and for the next five years such cost is allocated as shown on Exhibit C-2. The annual indebtedness for the Additional Facility Public Improvements is the Additional Facility Assessment the City has levied or expects to levy for each year shown. 4.4 The projected costs for the Annual Related Development Public Improvements are $572,436 and for the next five years such cost is allocated as shown on Exhibit C-3. The annual indebtedness for the Annual Related Development Public Improvements is the Assessments the City has levied or expects to levy for the Annual Related Development Public Improvements each year shown. 4.5 The form of notice required by Texas Property Code Section 5.014, as amended, is attached as Exhibit C-4. SECTION 5 ASSESSMENT PLAN 5.1 Method of Assessment. This Section 5 is the Assessment Plan for the District. This Assessment Plan assesses the Public Improvements Cost against the Property on the basis of the special benefits conferred on the Property by the Public Improvements. The Act provides that the Public Improvements Cost may be assessed equally per front foot or square foot (with or without regard to the value of improvements constructed on the land) or in any other manner that results in imposing equal shares of the cost on property similarly benefited. 5.2 Best and Highest Use. Based on: (i) the size and location of the Property within the corporate limits of the City; (ii) the lack of public infrastructure to serve development of the Property; (iii) the proximity of the Property to public roadways and water and sewer facilities; (iv) the proximity of the Property to population and employment centers; (v) the scope and economic impact of the Facility, the Waterfront and the Related Development on the City, Denton County; and the north Texas region; (vi) existing and projected land uses in the vicinity of the Property; (vii) projected growth in the greater Dallas metropolitan area and, in particular, along the State Highway 121 corridor; and (viii) the quality of the proposed development within the Property, the City Council has determined that: (A) the best and highest use of the Property is for the development of the Facility, the Waterfront, and the Related Development; (B) achieving the best and highest use of the Property requires the Public Improvements; (C) without the Public Improvements the Property will not be developed to its best and highest use; (D) the establishment of the District provides an effective means of funding the Public Improvements to achieve the best and highest use for the Property without financial burden to the City; and (E) the Public Improvements will promote the interests of the City and confer a special benefit on the Property. 93 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 9 1775.016\108190.5 5.3 Assessments Against Facility Property. As described in Section 2.2 above, the City has levied the 2013 Facility Public Improvement Assessment in the amount of $83,400,000.00 against the Facility Property for the portion of the 2013 Public Improvements Cost that the City Council determined conferred a special benefit on the Facility Property. Based on the costs shown in the Official Report for the 2021-22 Public Improvements for the 2021-22 attached as Exhibit B and the Special Benefits Report attached as Exhibit D, the City has levied Assessments in the amount of $731,985.36 for the 2022-23 Additional Facility Public Improvements and 2022-23 Related Development Public Improvements as shown on the Assessment Roll attached as Exhibit E. As the Facility Property is specially benefitted by Additional Facility Improvements, the City intends to continue to levy Assessments against the Facility Property. The Creation Resolution establishes a cap on the amount of the total costs for which Assessments may be levied against the Facility Property and in no event shall the total amount of Assessments levied against the Facility Property for the 2013 Public Improvements and the Additional Public Improvement exceed $150,000,000. As shown in Paragraphs 1 and 2 of Section 7 below, a total of $90,622,398.59 has been levied against the Facility Property, consisting of $83,400,000.00 for the 2013 Public Improvements and $7,222,398.59 for the Additional Facility Public Improvements. 5.4 Assessments Against Related Development Property. As described in Section 2.2 above, the City deferred assessment of the remainder of the 2013 Public Improvements Cost in the amount of $11,400,000.00 for the portion of the 2013 Public Improvements that specially benefit the Related Development Property (the "2013 Related Development Deferred Assessment") until the portion of the Related Development Property that is specially benefited by the 2013 Public Improvements could be identified. The deferral of the levy of the 2013 Related Development Deferred Assessment in the amount of $11,400,000.00 under the 2013 Assessment Ordinance is hereby restated and shall be deferred until the development of the Property is certified as complete by the owner. Based on the costs shown in the Official Report for the 2022-23 Public Improvements for the 2022-23 attached as Exhibit B and the Special Benefits Report attached as Exhibit D, the City has levied the Assessments for the 2022-23 Related Development Public Improvements as shown on the Assessment Roll attached as Exhibit E. As portions of the Related Development Property that are specially benefited by the Related Development Public Improvements are developed, the City intends to continue to levy additional Assessments against the Related Development Property for the remaining Related Development Public Improvements Costs (that do not include the 2013 Public Improvements). The costs of such Related Development Public Improvements and the method of allocation of such costs based on the benefit conferred by such Related Development Public Improvements for which Assessments are being levied in accordance this SAP Update (the "2022 Related Development Assessment") are described herein. The Creation Resolution establishes a cap of $150,000,000 of the total costs for which Assessments may be levied for the "Related Improvements Costs" (as defined in the Creation Resolution). As shown in Paragraph 3 of Section 7 below, a total $4,744,287.21 has been levied for the Related Development Public Improvements which does NOT include the 2013 Related Development Deferred Assessment in the amount of $11,400,00.00. 5.5 Adjustment of Assessments. With the exception of the 2013 Facility Public Improvement Assessment, the Assessments described in this Section 5 are based on estimates of the Public Improvements Costs until construction of such Public Improvement, or provision of services if applicable, is complete. If the actual cost of the Public Improvements is less than the 94 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 10 1775.016\108190.5 estimates, the Assessments shall be reduced as determined by the Administrator and approved by the City Council in a Service Plan Update. 5.6 Subdivision; Change to Tax Exempt. 5.6.1 Upon Subdivision. If the Facility Property is subdivided, any Assessment levied against the Facility Property shall be reallocated as described in Section 4.6.1 of the Service and Assessment Plan. Additionally, other than annual Assessments for the Annual Related Development Public Improvements that are not pledged as security to any series of PID bonds, any Assessment against Related Development Property will not be reallocated among subdivided Parcels until the development of the Related Development Property is certified as complete by the owner. If the Related Development Property or Waterfront Property is subdivided, the annual Assessment levied against Related Development Property or Waterfront Property under this SAP Update for the Annual Related Development Public Improvements will be reallocated among the subdivided Parcels on a per-acre basis as determined by the Administrator and reflected in a Service Plan Update approved by the City Council after a public hearing for which notice addressed to "Property Owner" has been mailed, regular mail, to the current address of the owner of the property being subdivided as reflected on the tax rolls. 5.6.2 Upon Becoming Tax Exempt. If any portion of the Facility Property becomes exempt from the payment of ad valorem taxes, the owner of such portion shall pay to the City the unpaid principal amount of the Assessment allocated (on a per-acre basis) to such portion of the Facility Property plus, if applicable, accrued interest through the date of payment. Prepayment Costs, if any, shall be paid as a Semi-Annual Administrative Cost. If any portion of the Related Development Property or Waterfront Property becomes exempt from the payment of ad valorem taxes, the owner of such portion shall pay to the City the unpaid principal amount of the Assessment allocated (on a per-acre basis) to such portion of the Property. 5.7 Prepayment of Assessments. The unpaid principal amount of an Assessment may be prepaid in full or in part at any time, together with accrued interest, if any, through the date of prepayment; whereupon the Assessment and corresponding assessment lien automatically terminate and shall be reduced to zero in a Service Plan Update. Prepayment Costs, if any, may be paid by the Administrator from Semi-Annual Administrative Cost. 5.8 Accrual of Interest. Assessments shall not bear interest except for interest authorized by Section 372.018(a) of the Act. Assessments that are deferred may bear interest as approved by the City Council at the time the Assessments are levied. 5.9 Semi-Annual Installments of Assessments Related to Project Infrastructure Bonds. Assessments levied against the Facility Property and/or the Related Development Property and pledged as security to any series of Project Infrastructure Bonds, including the 2013 Facility Public Improvement Assessment securing the 2013 Project Infrastructure Bonds and 2021 LGC Tax Refunding Bonds, shall be due and payable to the City in Semi-Annual Installments as set forth in the applicable Reimbursement Agreement beginning on the date stated in the applicable Reimbursement Agreement and continuing every March 1 and September 1 thereafter and will 95 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 11 1775.016\108190.5 be delinquent if not paid within three calendar days after it is due and payable. Semi-Annual Installments are not required to be level amounts and will vary depending on Semi-Annual District Expenses and the amounts, if any, of Debt Service Shortfalls. For so long as any Project Infrastructure Bonds remain outstanding, each of the Corporations, pursuant to a Reimbursement Agreement, is required to calculate its respective Debt Service Shortfall amount for each bond issue based on the "Bond Debt Service" schedules attached as Exhibit E-1, and each Corporation shall certify such Debt Service Shortfall amount to the City no later than each February 1 or August 1 commencing August 1, 2013 (each a "Semi-Annual Calculation Date"). Upon notification of each Debt Service Shortfall amount due for each bond issue, the City shall calculate the amount of the Semi-Annual Installment and shall submit a bill to each property owner no later than each February 15 and August 15 (each a "Semi-Annual Billing Date"). The City will use all reasonable efforts to collect Semi-Annual Installments before they become delinquent. If a Semi-Annual Installment becomes delinquent, all remedies at law or under the Act shall be available to the City. If a Debt Service Shortfall is anticipated for more than one series of Project Infrastructure Bonds, a portion of the funds in the PID Operating Account shall be transferred on a pro-rata basis to separate sub-accounts corresponding to each issue of Project Infrastructure Bonds for which a Debt Service Shortfall is anticipated to occur; and, such amounts shall be paid by the City from such sub-accounts to each of the Corporations under the applicable Reimbursement Agreement to pay Debt Service Shortfalls for the applicable series of Project Infrastructure Bonds. As required under each respective Reimbursement Agreement, each Corporation calculated any anticipated Debt Service Shortfall based on the Bond Debt Service schedules no later than February 1, 2022 and August 1, 2022; and, each Corporation determined there would be no Debt Service Shortfall and no Semi-Annual Installments were required to be paid for calendar year 2022. 5.10 Annual Payment of Assessments Not Related to Project Infrastructure Bonds. Assessments levied against the Facility Property or the Related Development Property for costs of the Additional Facility Public Improvements or the Related Development Public Improvements that are not pledged as security for Project Infrastructure Bonds shall be updated annually and shall be collected by the City in the same manner and at the same time as ad valorem taxes in the amount shown on the Assessment Rolls attached to each Annual Service Plan Update. Such Assessments shall be due when billed and shall be delinquent if not paid prior to February 1 of the following year. Failure of a landowner to receive an invoice for such Assessment on the property tax bill shall not relieve the landowner of the responsibility for payment of the Assessment. Assessment Revenue collected by the City from Assessments levied against the Facility Property or the Related Development Property for Additional Facility Public Improvements and/or Related Development Public Improvements based on the special benefit conferred by such Additional Facility Public Improvements or the Related Development Public Improvements that is not pledged as security for any series of Project Infrastructure Bonds and shall be deposited into a sub-account of the PID Operating Account and used solely for the purposes determined by the City Council at the time the Assessments are levied. 5.11 PID Operating Account. Assessment Revenue from the collection of Semi-Annual Installments of an Assessment against the Facility Property and/or Related Development Property in connection with the issuance of a series of Project Infrastructure Bonds will be deposited by the City into the PID Operating Account, including sub-accounts corresponding to each issue of Project Infrastructure Bonds, as applicable, immediately upon receipt and will be 96 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 12 1775.016\108190.5 transferred by the City to the respective Corporations, or to the applicable trustee(s) for the benefit of such Corporations, to pay Debt Service Shortfalls, if any, by September 5, 2013, and by each March 5 and September 5 thereafter for so long as Project Infrastructure Bonds are outstanding. Assessment Revenue from the collection of an Assessment against the Facility Property and/or Related Development Property unrelated to the issuance of a series of Project Infrastructure Bonds will be deposited by the City into the PID Operating Account, including sub-accounts as applicable, immediately upon receipt and shall be used solely for the purposes determined by the City Council at the time such Assessments were levied. Any Assessment Revenue due to the Corporations on any such date but collected by the City after the due date shall be transferred to the respective Corporations or applicable trustee(s) within two business days. Assessment Revenue from the collection of any Assessment against the Property will be deposited by the City into the PID Operating Account for Annual Assessments. Assessment Revenue from the 2021 Related Development Assessment against all or any portion of the Property will be collected in lump sum with 30 days of the levy of the assessment or with the annual property tax collection and deposited into a segregated operating account (the "PID Operating Account for Annual Assessments") created and controlled by the City. Interest earned on the PID Operating Account for Annual Assessments shall be added to and become part of the PID Operating Account for Annual Assessments. The PID Operating Account for Annual Assessments is a separate account and segregated from the "PID Operating Account" described in the Service and Assessment Plan that was created pursuant to the 2013 Assessment Ordinance (such account is referred to herein as the "PID Operating Account for Pledged Revenues.") All Assessment Revenue from the 2013 Facility Public Improvement Assessment and the 2013 Related Development Deferred Assessment levied pursuant to Ordinance No. 2013-1992 shall be deposited into the PID Operating Account for Pledged Revenues and transferred from that account, if at all, consistent with the requirements of 2013 Assessment Ordinance and the trust indentures governing the Project Infrastructure Bonds. All Assessment Revenue from any Assessment levied on an annual basis shall be deposited into the PID Operating Account for Annual Assessments and used solely for the purposes determined by the City Council at the time the Assessments are levied. 5.12 Reduction of Assessment Against the Property. The Assessment against the Facility Property (and the corresponding assessment lien) shall be reduced by the sum of all amounts by which the outstanding principal of the Project Infrastructure Bonds for which the PID Operating Account is pledged, as additional security, are reduced and by sum of all prepayments of the Assessment made pursuant to Section 5.7. The current outstanding principal amount of the Assessments levied against the Facility Property based on the debt service schedules related to the Project Infrastructure Bonds attached as Exhibit E-1 is set forth in Section 7 below. The Assessment against the Property (and the corresponding assessment lien) shall be reduced by the sum of all amounts by which the Public Improvement Costs are reduced. 5.13 Security for Payment. All payments due in accordance with the Service and Assessment Plan as updated by this SAP Update shall be treated the same with respect to the liens created to secure payment and the rights of the City, including foreclosure, in the event of delinquencies. Any foreclosure sale of a Parcel for nonpayment of any such amounts shall be subject to a continuing lien for the remaining unpaid amounts in accordance with state law. All assessment liens created pursuant to the 2013 Assessment Ordinance are superior to any lien created by any other ordinance approving an Annual Service Plan Update, including this SAP Update. 97 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 13 1775.016\108190.5 5.14 Release of Lien. When an Assessment has been paid in full, the Administrator shall notify the City, and the City shall execute a release, in recordable form, evidencing full payment of the Assessment and the unconditional release of the lien securing payment of the Assessment. All releases shall be reflected in a Service Plan Update. 5.15 Findings and Determinations. The findings and determinations by the City Council set forth in this Service and Assessment Plan are based on: (i) the 2013 Official Report prepared by Graham Associates, Inc.; (ii) the 2013 Special Benefits Report prepared by Graham Associates, Inc.; (iii) evidence and testimony presented to the City Council; and (iv) information made available to the City Council. The City Council hereby confirms and ratifies the findings and determinations made by the City Council in the 2015 Assessment Ordinance, 2016 Assessment Ordinance, 2017 Assessment Ordinance, 2018 Assessment Ordinance, 2019 Assessment Ordinance and 2020 Assessment Ordinance, including the special benefits reports and annual service plan updates attached thereto. The City Council has relied on the information contained in the 2013 Official Report, 2013 Special Benefits Report, the reports and special benefit analysis contained in each Annual Service Plan Update, evidence, and testimony in the preparation and approval of this Service and Assessment Plan and the allocation of the Public Improvements Cost to the Property. Such findings and determinations represent the discretionary exercise by the City Council of its legislative and governmental authority and power, and such findings and determinations are conclusive and binding on the current and future owners of the Property. The Corporations have concurred in and approved the findings and determinations by the City Council as set forth in this Service and Assessment Plan and have otherwise concurred in and approved this Service and Assessment Plan and the levy of Assessments against the Property. The Corporations have acknowledged that the Property is subject to payment of Assessments and/or Semi-Annual Installments as provided in this Service and Assessment Plan and in the Reimbursement Agreements. SECTION 6 ANNUAL BUDGET FOR PUBLIC IMPROVEMENTS 6.1 2013 Public Improvements Costs. On January 19, 2021, the City approved Ordinance No. 2021-2430 (the "2021 City Ordinance"), approving the Service and Assessment Plan and making certain finding and determinations related to the District. In the 2021 City Ordinance, the City Council ratified and confirmed the allocation of the 2013 Public Improvements Cost approved by the 2013 Assessment Ordinance and Original Service and Assessment Plan as follows: (1) $83,400,000 for the special benefit to the Facility Property for which the 2013 Facility Public Improvement Assessment was levied, and (2) $11,400,000.00 for the benefit to the Related Development Property for which the 2013 Related Development Deferred Assessment has been deferred. Additionally, the 2021 City Ordinance confirmed that the actual costs for the 2013 Public Improvements exceeded the estimated 2013 Public Improvements Cost of $94,800,000.00 described in the Original Service and Assessment Plan, the 2013 Official Report, and 2013 Special Benefit Analysis. 6.2 2022 Public Improvements Cost. The City Council has received, reviewed, and approved that certain SPECIAL BENEFITS REPORT, The City of The Colony Public Improvement District No. 1, The Colony, Texas dated August 16 th, 2022 prepared by Executive Business Liaison Jeremie Maurina, a copy of which is attached as Exhibit D (the "2022 Special Benefits 98 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 14 1775.016\108190.5 Report”). The individual line item costs shown in the 2022 Special Benefits Report and on Exhibit D-1 for each category of improvements are estimates and may vary item-to-item so long as the Public Improvements Cost does not exceed $1,230,266.40. SECTION 7 ASSESSMENT ROLL This Section 7 describes the Assessment Roll for the District. The Assessment Roll is set forth on Exhibit E and consists of: 1.The 2013 Facility Public Improvement Assessment originally levied in principal amount of $83,400,000.00 by the 2013 Assessment Ordinance with an outstanding principal amount of $79,839,319.34 as of December 31, 2021. The 2013 Facility Public Improvement Assessment is allocated as follows among the Project Infrastructure Bonds: Pro-Rata Share(1) Allocated Portion of Original 2013 Facility Public Improvement Assessment Outstanding Principal Amount of 2013 Facility Public Improvement Assessment 2013 LGC Sales Tax Bonds 16.80%$14,011,200 $ 13,406,622.24 (2) 2021 LGC Tax Refunding Bonds(3)20.60%$17,180,400(3)$17,074,755.73 (2) 2013 Type A Bonds 31.30%$26,104,200 $ 24,678,972.69 (2) 2013 Type B Bonds 31.30%$26,104,200 $24,678,970.69 (2) (1) Pro-rata allocation of the original principal amount of the $83,400,000 2013 Facility Public Improvement Assessment was based on the par amount of each series of 2013 Project Infrastructure Bonds issued as a percentage of the total par amount of all 2013 Project Infrastructure Bonds. (2)In accordance with Section 5.12 above, the principal amount of the 2013 Facility Public Improvement Assessment was reduced by the sum of all amounts by which the outstanding principal amount of the 2013 Project Infrastructure Bonds have been reduced. As of December 31, 2021, the outstanding par amount of the 2013 Project Infrastructure Bonds (with the 2021 LGC Tax Refunding Bonds) was $90,515,000 thus reducing the outstanding 2013 Facility Public Improvement Assessment to $79,839,319.34. The following Semi-Annual Installments have been collected to pay Debt Service Shortfalls on the 2013 LGC Sales Tax Bonds: on February 14, 2017 in the amount of $500,081.25; on July 17, 2017 in the amount of $1,158,162.50; on July 16, 2018 in the amount of $1,294,662.50; and on July 25, 2019 in the amount of $1,306,963.00 for a total of 4,259,869.25 which payments do not reduce the principal amount of the 2013 Facility Public Improvement Assessment. (3) The pro-rata share of the 2013 Facility Public Improvement Assessment that formerly secured the 2013 LGC Tax Bonds now secures the 2021 LGC Tax Refunding Bonds. 2.Assessments related to the Additional Facility Public Improvements: Original Principal Amount Levied Outstanding as of 9/6/22 2015 Facility Assessment(1)$959,247.96 $0.00 2015-16 Facility Assessment(2)$1,218,234.83 $0.00 2016 Facility Assessment $875,155.64 $0.00 2017 Facility Assessment $658,465.00 $0.00 99 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 15 1775.016\108190.5 2018 Facility Assessment $810,379.62 $0.00 2019 Facility Assessment $570,667.99 $0.00 2020 Facility Assessment $862,382.25 $0.00 2021 Facility Assessment $535,879.94 $0.00 2022 Facility Assessment $731,985.36 $731,985.36 TOTAL:$7,222,398.59 (1)Levied under Ordinance No. 2015-2136 approved on May 5, 2015. (2)Levied under Ordinance No. 2015-2160 approved on September 15, 2015. 3.Assessments related to the Related Development Public Improvements (excludes 2013 Related Development Deferred Assessment): Original Principal Amount Levied Outstanding as of 9/6/221 2015 Related Development Assessment(1)$420,053.04 $0.00 2015-16 Related Development Assessment(2)$236,757.17 $0.00 2016 Related Development Assessment $287,680.36 $0.00 2017 Related Development Assessment $872,993.00 $0.00 2018 Related Development Assessment $687,426.36 $0.00 2019 Related Development Assessment $490,441.03 $0.00 2020 Related Development Assessment $810,043.90 $0.00 2021 Related Development Assessment $366,446.95 $0.00 2022 Related Development Assessment $572,445.40 $572,445.40 TOTAL:$4,744,287.21 (1)Levied under Ordinance No. 2015-2136 approved on May 5, 2015. (2)Levied under Ordinance No. 2015-2160 approved on September 15, 2015. As authorized by the Act, the assessment of the 2013 Related Development Deferred Assessment in the amount of $11,400,000 for the portion of the 2013 Facility Public Improvements that benefit the Related Development Property remains deferred until the development of the Related Development Property is certified as complete by the owner which will be the time at which the special benefit conferred on the Related Development Property can be determined with certainty. SECTION 8 ADDITIONAL PROVISIONS 8.1 Severability. The provisions of this Service and Assessment Plan are intended to be severable. In the event any provision of this Service and Assessment Plan, or the application thereof to any person or circumstance, is held or determined to be invalid, illegal, or unenforceable, and if such invalidity, unenforceability, or illegality does not cause substantial deviation from the underlying intent of the City Council as expressed in this Service and Assessment Plan, then such provision shall be deemed severed from this Service and Assessment Plan with respect to such person, entity, or circumstance without invalidating the remainder of 100 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 16 1775.016\108190.5 this Service and Assessment Plan or the application of such provision to other persons, entities, or circumstances. 8.2 Exhibits. The following exhibits are part of this Service and Assessment Plan: Exhibit A Legal Description of the Property Exhibit A-1 Depiction of the Property Exhibit B Official Report – 2022 Public Improvements Cost Exhibit C-1 Service Plan: Five-Year Projection of 2013 Public Improvements Exhibit C-2 Service Plan: Five-Year Projection of Additional Facility Public Improvements Costs Exhibit C-3 Service Plan: Five-Year Projection of Related Development Public Improvements Costs Exhibit C-4 Form of Notice Required by Texas Property Code Section 5.014 Exhibit D Special Benefits Report Exhibit D-1 Facility Public Improvements Cost – Special Benefit Analysis Exhibit E Assessment Roll Exhibit E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfall Exhibit F Chronological History of City Council Legislative Actions for the District 101 Exhibit A Legal Description of the Property (439.12 Acres) Exhibit A to The Colony SAP – Legal Description of the Property - Page 17 1775.016\108190.5 Being a 439.12 acre tract of land situated in the B.B.B & C.R.R. Survey, Abstract No. 173, B.B.B. & C. Survey, Abstract No. 174, Thomas A. West Survey, Abstract No. 1344, and the M.D.T. Hallmark Survey, Abstract No. 570, Denton County, Texas, and being all of a tract of land conveyed by deed to 121 Acquisition Company, LLC., as recorded in Instrument No. 2011-114773, 2011-121444, and 2011-112195, Deed Records, Denton County, Texas, and a portion of Plano Parkway and a portion of Burlington Northern Railroad tract, and being more particularly described as follows: BEGINNING at a found TxDOT monument, said point being the northwest corner of said 121 Acquisition Company, LLC tract and being in the south right-of-way line of State Highway 121 (having a variable width R.O.W.); THENCE North 63°32'06" East, along said south right-of-way line, a distance of 130.52 feet to a point for corner; THENCE North 60°22'33" East, continuing along said south right-of-way line, a distance of 80.86 feet to a point for corner; THENCE South 29°13'03" East, continuing along said south right-of-way line, a distance of 50.00 feet to a point for corner; THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 219.64 feet to a point for corner, said point being in the west right-of-way line of Plano Parkway (100 ft R.O.W.); THENCE North 50°53'35" East, leaving said south right-of-way line, and leaving said west right-of-way line, a distance of 100.00 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 950.00 feet and a central angle of 1°26'54" and a long chord which bears North 38°22'58" West, 24.01 feet, said point being in the east right-of-way line of said Plano Parkway; THENCE along said east right-of-way line, and along said non-tangent curve to the right an arc distance of 24.01 feet to a point for corner, said point being the most southerly point of a corner-clip of the intersection of said east right-of-way line of Plano Parkway and the south right-of-way line of said State highway 121; THENCE North 08°46'31" East, along said corner-clip, a distance of 26.03 feet to a point for corner, said point being in the south right-of-way line of said State highway 121; THENCE North 60°47'38" East, along said south right-of-way line, a distance of 203.71 feet to a point for corner; THENCE North 58°17'36" East, continuing along said south right-of-way line, a distance of 252.11 feet to a point for corner; THENCE North 55°47'40" East, continuing along said south right-of-way line, a distance of 105.11 feet to a point for corner; THENCE North 58°17'42" East, continuing along said south right-of-way line, a distance of 248.62 feet to a point for corner; THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 263.85 feet to a point for corner; THENCE North 76°30'51" East, continuing along said south right-of-way line, a distance of 92.27 feet to a point for corner; THENCE North 65°56'12" East, continuing along said south right-of-way line, a distance of 100.40 feet to a point for corner; THENCE North 64°13'39" East, continuing along said south right-of-way line, a distance of 100.18 feet to a point for corner; THENCE North 60°16'36" East, continuing along said south right-of-way line, a distance of 39.88 feet to a point for corner; THENCE South 74°12'01" East, continuing along said south right-of-way line, a distance of 70.70 feet to a point for corner; THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 64.12 feet to a point for corner; THENCE North 15°47'17" East, continuing along said south right-of-way line, a distance of 73.27 feet to a point for corner; 102 Exhibit A Legal Description of the Property (439.12 Acres) Exhibit A to The Colony SAP – Legal Description of the Property - Page 18 1775.016\108190.5 THENCE North 59°04'32" East, continuing along said south right-of-way line, a distance of 94.25 feet to a point for corner; THENCE North 55°39'04" East, continuing along said south right-of-way line, a distance of 100.40 feet to a point for corner; THENCE North 47°37'54" East, continuing along said south right-of-way line, a distance of 114.18 feet to a point for corner; THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 3800.00 feet to a point for corner; THENCE North 65°20'10" East, continuing along said south right-of-way line, a distance of 189.41 feet to a point for corner; THENCE North 61°56'23" East, continuing along said south right-of-way line, a distance of 100.02 feet to a point for corner; THENCE North 63°39'23" East, continuing along said south right-of-way line, a distance of 100.12 feet to a point for corner; THENCE North 64°47'53" East, continuing along said south right-of-way line, a distance of 100.24 feet to a point for corner; THENCE North 66°30'16" East, continuing along said south right-of-way line, a distance of 201.00 feet to a point for corner; THENCE North 65°56'12" East, continuing along said south right-of-way line, a distance of 100.40 feet to a point for corner; THENCE North 66°30'16" East, continuing along said south right-of-way line, a distance of 100.50 feet to a point for corner; THENCE North 63°05'04" East, continuing along said south right-of-way line, a distance of 100.08 feet to a point for corner; THENCE North 64°13'39" East, continuing along said south right-of-way line, a distance of 100.18 feet to a point for corner; THENCE North 83°05'27" East, continuing along said south right-of-way line, a distance of 69.58 feet to a point for corner; THENCE North 60°39'18" East, continuing along said south right-of-way line, a distance of 33.81 feet to a point for corner, said point being in the west right-of-way line of Burlington Northern Railroad (having a variable width R.O.W.); THENCE North 60°38'52" East, leaving said west right-of-way line, a distance of 107.30 feet to a point for corner, said point being in the east right-of-way line of said Burlington Northern Railroad; THENCE North 60°45'58" East, leaving said east right-of-way line, continuing along said south right-of-way line of State Highway 121, a distance of 254.35 feet to a point for corner; THENCE North 63°19'02" East, continuing along said south right-of-way line, a distance of 585.96 feet to a point for corner; THENCE North 60°52'09" East, continuing along said south right-of-way line, a distance of 369.37 feet to a point for corner, said point being in the west right-of-way line of West Spring Creek Parkway (having a 160 ft R.O.W.); THENCE South 29°24'43" East, leaving said south right-of-way line, and along said west right-of-way line, a distance of 265.52 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 970.00 feet and a central angle of 29°13'42", and a long chord which bears South 14°53'13" East, 489.48 feet; THENCE continuing along said west right-of-way line, and along said non-tangent curve to the right an arc distance of 494.83 feet to a point for corner; THENCE South 00°22'42" East, continuing along said west right-of-way line, a distance of 476.17 feet to a point for corner; THENCE South 00°23'35" East, continuing along said west right-of-way line, a distance of 864.92 feet to a point for corner, said point being in the north line of Kings Ridge Addition, Phase Three, as recorded in Cabinet X, Page 450, Plat Records, Denton County, Texas; 103 Exhibit A Legal Description of the Property (439.12 Acres) Exhibit A to The Colony SAP – Legal Description of the Property - Page 19 1775.016\108190.5 THENCE South 89°40'20" West, leaving said west right-of-way line, and along said north line, a distance of 1199.93 feet to a point for corner, said point being in the east right-of-way line of said Burlington Northern Railroad; THENCE North 87°39'44" West, leaving said north line, leaving said east right-of-way line, a distance of 101.16 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 3703.75 feet and a central angle of 3°44'19" and a long chord which bears South 04°12'25" West, 241.62 feet, said point being in the west right-of-way line of said Burlington Northern Railroad; THENCE along said east right-of-way line, and along said non-tangent curve to the right an arc distance of 241.67 feet to a point for corner; THENCE South 06°04'35" West, continuing along said east right-of-way line, a distance of 2524.64 feet to a point for corner; THENCE North 83°17'00" West, continuing along said east right-of-way line, a distance of 190.16 feet to a point for corner; THENCE South 00°51'51" East, continuing along said east right-of-way line, a distance of 970.10 feet to a point for corner; THENCE South 89°03'50" West, continuing along said east right-of-way line, a distance of 31.06 feet to a point for corner; THENCE South 01°14'37" East, continuing along said east right-of-way line, a distance of 447.78 feet to a point for corner; THENCE North 87°06'22" West, leaving said east right-of-way line, a distance of 1240.48 feet to a point for corner, for the beginning of a non-tangent curve to the left having a radius of 1130.00 feet and a central angle of 103°16'58", and a long chord which bears North 38°43'34" West, 1772.16 feet, said point being in the east right-of-way line of said Plano Parkway; THENCE along said east right-of-way line, and along said non-tangent curve to the left an arc distance of 2036.97 feet to a point for corner; THENCE South 89°38'05" West, continuing along said east right-of-way line, a distance of 647.23 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 950.00 feet and a central angle of 40°05'36" and a long chord which bears North 70°19'29" West, 651.29 feet; THENCE continuing along said east right-of-way line, and along said non-tangent curve to the right an arc distance of 664.77 feet to a point for corner, for the beginning of a reverse curve to the left having a radius of 1050.00 feet and a central angle of 40°15'06" and a long chord which bears North 70°25'01" West, 722.57 feet; THENCE continuing along said east right-of-way line, and along said curve to the left an arc distance of 737.65 feet to a point for corner; THENCE South 89°31'25" West, continuing along said east right-of-way line, a distance of 623.83 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 950.00 feet, a central angle of 0°48'07", and a long chord which bears South 89°55'28" West, 13.21 feet; THENCE continuing along said east right-of-way line, along said curve to the right, an arc distance of 13.21 feet to a point for corner; THENCE South 00°19'22" West, leaving said east right-of-way line, a distance of 100.00 feet to a point for corner, said point being in the west right-of-way line of said Plano Parkway; THENCE South 89°58'40" West, leaving said west right-of-way line, a distance of 1210.45 feet to a point for corner; THENCE North 00°25'18" West, a distance of 226.47 feet to the POINT OF BEGINNING and CONTAINING 19,128,279 square feet, 439.12 acres of land, more or less. 104 Exhibit A-1 Depiction of the Property Exhibit A-1 to The Colony SAP – Depiction of the Property - Page 20 1775.016\108190.5 105 Exhibit B to The Colony SAP – Official Report - Public Improvement Cost - Page 21 1775.016\108190.5 Exhibit B OFFICIAL REPORT 2022 PUBLIC IMPROVEMENTS COST The City of The Colony Public Improvement District No. 1 The Colony, Texas PREPARED BY: Jeremie Maurina, Executive Business Liaison DATED: August 16th, 2022 106 Exhibit B Official Report - Public Improvements Cost Exhibit B to The Colony SAP – Official Report - Public Improvements Cost - Page 22 1775.016\108190.5 Public Improvements Facility Waterfront Related Development TOTALS Traffic management system $45,624.40 $0 $0 $45,624.40 Enhanced police services $239,542.00 $0 $0 $239,542.00 Enhanced Development Services $0 $0 $0 $0 Street and roadway improvements $406,076.27 $62,022.32 $450,001.41 $918,100.00 Lake maintenance $11,942.12 $1,823.99 $13,233.89 $27,000 TOTALS $703,184.79 $63,841.31 $463,235.30 $1,230,266.40 107 Exhibit C-1 Service Plan: Five-Year Projection of Annual Indebtedness Related to 2013 Facility Public Improvements Exhibit C-1 to The Colony SAP - Projection of Annual Indebtedness Related to 2013 Facility Public Improvements Cost - Page 23 1775.016\108190.5 Year Principal1 Semi-Annual Collection Costs2 Delinquent Collection Costs3 Annual Administrative Costs4 Estimated Annual Indebtedness 2022 See Sections 4.2 and 5.9 $5,000 $0 $5,000 See Section 5.9 2023 See Sections 4.2 and 5.9 $5,000 $0 $5,000 See Section 5.9 2024 See Sections 4.2 and 5.9 $5,000 $0 $5,000 See Section 5.9 2025 See Sections 4.2 and 5.9 $5,000 $0 $5,000 See Section 5.9 2026 See Sections 4.2 and 5.9 $5,000 $0 $5,000 See Section 5.9 1.See Section 7, Paragraph 1 for the outstanding Principal Amount of the 2013 Facility Public Improvement Assessment as of September 7th, 2021. The annual indebtedness for the 2013 Public Improvements Cost in any given year is the sum of the Semi-Annual Installments for the Project Infrastructure Bonds for the year. 2.Semi-Annual Collection Costs may be increased or reduced as part of each Service Plan Update. If the Semi-Annual Collection Costs collected are less than the Semi-Annual Collection Costs paid or incurred, the deficit may be carried forward and added to the Semi-Annual Collection Costs for the next year or paid as Semi-Annual Administrative Costs. If the Semi-Annual Collection Costs collected exceed the Semi-Annual Collection Costs paid or incurred, the excess shall be carried forward to reduce the Semi- Annual Collection Costs for the next year. Semi-Annual Collection Costs shall be allocated pro rata among all Parcels with unpaid Assessments. 3.This exhibit includes no Delinquent Collection Costs. The actual amount of Delinquent Collection Costs attributable to a Parcel will, if not paid upon demand, be added to the Semi-Annual Installment for the Parcel as part of the Service Plan Update for the next year. If Delinquent Collection Costs remain unpaid, they will continue to be added to the Semi-Annual Installment for the Parcel as part of the Service Plan Update for the next year. 4.Semi-Annual Administrative Costs (up to the maximum amount determined by the additional interest authorized by Section 372.018(a) of the Act) are estimated and may be increased or reduced as part of each Service Plan Update. If the Semi-Annual Administrative Costs collected are not enough to pay the Semi-Annual Administrative Costs paid or incurred, the deficit may be carried forward and added to the Semi-Annual Administrative Costs for the next year. If the Semi-Annual Administrative Costs collected exceed the Semi-Annual Administrative Costs paid or incurred, the excess shall be carried forward to reduce the Semi-Annual Administration Costs for the next year. Semi- Annual Administrative Costs shall be allocated pro rata among all Parcels with unpaid Assessments. 108 Exhibit C-2 Service Plan: Five-Year Projection of Annual Indebtedness Related to Additional Facility Public Improvements Exhibit C-2 to The Colony SAP - Projection of Annual Indebtedness Related to Additional Facility Public Improvements Cost - Page 24 1775.016\108190.5 2022 2023 2024 2025 2026 $731,985 $768,584 $807,013 $847,364 $889,732 109 Exhibit C-3 Service Plan: Five-Year Projection of Annual Indebtedness Related to Annual Related Development Public Improvements Exhibit C-3 to The Colony SAP - Projection of Annual Indebtedness Related to Annual Related Development Public Improvements Cost - Page 25 1775.016\108190.5 2022 2023 2024 2025 2026 $572,436 $601,058 $631,111 $662,666 $695,800 110 Exhibit C-4 Exhibit C-4 to The Colony SAP – Form of Notice Required by Texas Property Code Section 5.014 - Page 26 1775.016\108190.5 FORM OF NOTICE REQUIRED BY TEXAS PROPERTY CODE SECTION 5.014 NOTICE OF OBLIGATION TO PAY PUBLIC IMPROVEMENT DISTRICT ASSESSMENTS TO THE CITY OF THE COLONY, TEXAS CONCERNING THE PROPERTY AT: [INSERT STREET ADDRESS] As the purchaser of the real property located at the street address set forth above, you are obligated to pay assessments to the City of The Colony, Texas for the costs of a portion of public improvements or services (the “Authorized Improvements”) undertaken for the benefit of the property within “City of The Colony Public Improvement District No. 1” (the “District”) created under Subchapter A, Chapter 372, Local Government Code, as amended. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS WHICH WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment (and the projected annual installments if not paid in full) may be obtained from the City of The Colony, Texas. The exact amount of each annual installment will be approved each year by the City Council of The Colony, Texas in the Annual Service Plan Update for the District. More information about the assessments, including the amounts and due dates, may be obtained from the City of The Colony, Texas. YOUR FAILURE TO PAY ANY ASSESSMENT, OR ANY ANNUAL INSTALLMENT THEREOF, MAY RESULT IN PENALTIES AND INTEREST BEING ADDED TO WHAT YOU OWE OR IN A LIEN ON AND THE FORECLOSURE OF YOUR PROPERTY. The undersigned purchaser acknowledges receipt of this notice prior to the effective date of a binding contract for the purchase of the real property at the street address set forth above. [PURCHASER] By: Name: Title: Date: 111 Exhibit C-4 Exhibit C-4 to The Colony SAP – Form of Notice Required by Texas Property Code Section 5.014 - Page 27 1775.016\108190.5 The attached "Notice of Obligation to Pay Public Improvement District Assessments to the City of The Colony, Texas" is a true and correct copy of the notice required by Texas Property Code, Section 5.014, as amended, provided by Seller to Purchaser on __________, 20___, with current information as required by Texas Property Code, Section 5.0143. IN WITNESS WHEREOF, the undersigned parties have executed this certificate for the purposes stated this ____________, 20____. [PURCHASER] By: Name: Title: Date: STATE OF TEXAS § § COUNTY OF ___________§ This certificate was acknowledged before me by ______________________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed, in the capacity stated and as the act and deed of the above-referenced entities as an authorized signatory of said entities. Given under my hand and seal of office on this _________________, 20____. __________________________________________ Notary Public, State of Texas [NOTARY SEAL] 112 Exhibit C-4 Exhibit C-4 to The Colony SAP – Form of Notice Required by Texas Property Code Section 5.014 - Page 28 1775.016\108190.5 [SELLER] By: Name: Title: Date: STATE OF TEXAS § § COUNTY OF ___________§ This certificate was acknowledged before me by ______________________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed, in the capacity stated and as the act and deed of the above-referenced entities as an authorized signatory of said entities. Given under my hand and seal of office on this _________________, 20____. __________________________________________ Notary Public, State of Texas [NOTARY SEAL] 113 Exhibit D to The Colony SAP – Special Benefits Report - Page 29 1775.016\108190.5 Exhibit D Special Benefits Report The City of The Colony Public Improvement District No. 1 The Colony, Texas PREPARED BY: Jeremie Maurina, Executive Business Liaison DATED: August 16th, 2021 114 Exhibit D to The Colony SAP – Special Benefits Report - Page 30 1775.016\108190.5 The Facility is expected to generate eight million customers each year. Given the traffic and security needs of the Facility, above those provided as part of the City's basic municipal services, one hundred percent of the Public Improvements for the traffic management system/control equipment and one hundred percent of the enhanced police services are attributable to the Facility Property. The Facility Property is a single economic unit comprised of two tax parcels. The costs attributable the Public Improvements for the traffic management system and enhanced police services are allocated to the two tax parcels based on acreage. During the development related to the Additional Facility Assessments and Related Development Assessments described in the 2018 Annual Service Plan Update, a series of Enhanced Development Services were identified that provided specific benefits to several individual parcels. Due to the nature of these services and the scope they cover, they are not easily forecasted for inclusion in a budget. Instead, these costs will be reconciled annually and directly assessed to the parcels that benefitted starting with the Additional Facility Assessments and Related Development Assessments levied in accordance with the 2019 Annual Service Plan update (See Exhibit E for adjusted assessments for the current year). This provides a more accurate assessment and allows the costs of those services to be recovered from the properties that have directly benefited from them. The total of these services is $9,040.00 for the 2022-23 assessment. A detailed use report of these Enhanced Development Services is available upon request. The enhanced development services, lake maintenance, and the street and roadway Public Improvements are allocated on a per-acre basis to the Facility Property, the Waterfront Property and the Related Development Property such that the Facility Property is apportioned approximately 44.23 percent (107.47 Facility Property/242.985 total acres); the Waterfront Property is apportioned approximately 6.76 percent (16.421 Waterfront Property/242.985 total acres); and the Related Development Property is apportioned approximately 49.01 percent (119.095 Related Development Property/242.985 total acres). Description of Public Improvements Total Estimated Cost Cost Allocated to Facility Cost Allocated to Waterfront Cost Allocated to Related Development Traffic management system $45,624.40 $45,624.40 $0 $0 Enhanced police services $239,542.00 $239,542.00 $0 $0 Enhanced development services $0 $0 $0 $0 Street and roadway improvement $918,100.00 $406,076.27 $62,022.32 $450,001.41 115 Exhibit D to The Colony SAP – Special Benefits Report - Page 31 1775.016\108190.5 Description of Public Improvements Total Estimated Cost Cost Allocated to Facility Cost Allocated to Waterfront Cost Allocated to Related Development Lake maintenance $27,000 $11,942.12 $1,823.99 $13,233.89 TOTALS $1,230,266.40 $703,184.79 $63,846.31 $463,235.30 116 Exhibit D-1 Public Improvements Cost – Special Benefit Analysis Exhibit D-1 to The Colony SAP – Facility Public Improvements Cost Special Benefit Analysis - Page 32 1775.016\108190.5 Public Improvements TOTALS Special Benefit to Facility Property Special Benefit to Waterfront Property Special Benefit to Related Development Property Traffic management system $45,624.40 100%0%0% Enhanced police services $239,542.00 100%0 0% Enhanced development services $0 44.23%6.76%49.01% Street and roadway improvements $918,100.00 44.23%6.76%49.01% Lake maintenance $27,000.00 44.23%6.76%49.01% TOTALS $1,230,266.40 117 Exhibit E Assessment Roll Exhibit E to The Colony SAP – Assessment Roll - Page 33 1775.016\108190.5 1. Outstanding 2013 Facility Public Improvement Assessment levied against Facility Property consisting of Tax Parcels No. 657618 and 657619 is $79,839,319.34. 2. Assessment Roll for Additional Facility Public Improvements and Related Development Public Improvements as levied by the 2022 Assessment Ordinance: Tax Parcel Assessment Facility Property ($731,985.36) #657618 – 81.99 acres ~76.29%$558,439.37 #657619 – 25.48 acres ~23.71%$173,545.98 Waterfront Property ($68,245.18) #957987 – 13.774 acres~83.91%$57,267.00 #704832 – 0.675 acres~4.11%$2,806.39 #957988 - .506 acres ~3.08%$2,103.75 #957989 – 0.2976 acres ~1.81%$1,237.31 #957990 – 0.2717 acres ~ 1.66%$1,129.62 #957991 – 0.4838 acres ~ 2.95%$2,011.45 #957992 – 0.4064 acres ~ 2.48%$1,689.66 Related Development Property ( $504,191.22) #692390 – 2.015 acres ~ 1.69%$8,377.60 #692391 – 2.105 acres ~ 1.77%$ 8,751.78 #653843 – 2.944 acres ~ 2.47%$14,330.02 #653844 – 2.683 acres ~ 2.25%$11,154.88 #674231 – 3.386 acres ~ 2.84%$14,077.69 #692387 – 1.903 acres ~ 1.60%$ 7,911.94 #692388 – 0.301 acres ~ 0.25%$1,251.44 #692379 – 2.931 acres ~2.46%$12,185.97 #692380 – 0.204 acres ~ 0.17%$ 848.15 #732382 – 8.551 acres ~ 7.18%$35,551.77 #748393 – 79.089 acres ~ 66.41%$332,623.12 #753491 – 5.839 acres ~ 4.9%$24,275.84 #753492 – 1.574 acres ~ 1.32%$6,543.09 #674218-3.645 acres ~3.06%$18,304.51 #692389-1.925 acres ~1.62%$8,003.41 118 Exhibit E Assessment Roll Exhibit E to The Colony SAP – Assessment Roll - Page 34 1775.016\108190.5 Tax Parcel Assessment Facility Property ($731,985.36) #657618 – 81.99 acres ~76.29%$558,439.37 #657619 – 25.48 acres ~23.71%$173,545.98 Waterfront Property ($68,245.18) #957987 – 13.774 acres~83.91%$57,267.00 #704832 – 0.675 acres~4.11%$2,806.39 #957988 - .506 acres ~3.08%$2,103.75 #957989 – 0.2976 acres ~1.81%$1,237.31 #957990 – 0.2717 acres ~ 1.66%$1,129.62 #957991 – 0.4838 acres ~ 2.95%$2,011.45 #957992 – 0.4064 acres ~ 2.48%$1,689.66 Related Development Property ( $504,191.22) #692390 – 2.015 acres ~ 1.69%$8,377.60 #692391 – 2.105 acres ~ 1.77%$ 8,751.78 #653843 – 2.944 acres ~ 2.47%$14,330.02 #653844 – 2.683 acres ~ 2.25%$11,154.88 #674231 – 3.386 acres ~ 2.84%$14,077.69 #692387 – 1.903 acres ~ 1.60%$ 7,911.94 #692388 – 0.301 acres ~ 0.25%$1,251.44 #692379 – 2.931 acres ~2.46%$12,185.97 #692380 – 0.204 acres ~ 0.17%$ 848.15 #732382 – 8.551 acres ~ 7.18%$35,551.77 #748393 – 79.089 acres ~ 66.41%$332,623.12 #753491 – 5.839 acres ~ 4.9%$24,275.84 #753492 – 1.574 acres ~ 1.32%$6,543.09 #674218-3.645 acres ~3.06%$18,304.51 #692389-1.925 acres ~1.62%$8,003.41 119 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 35 1775.016\108190.5 120 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 36 1775.016\108190.5 121 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 37 1775.016\108190.5 122 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 38 1775.016\108190.5 123 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 39 1775.016\108190.5 124 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 40 1775.016\108190.5 125 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 41 1775.016\108190.5 126 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 42 1775.016\108190.5 127 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 43 1775.016\108190.5 128 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 44 1775.016\108190.5 129 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 45 1775.016\108190.5 130 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 46 1775.016\108190.5 131 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 47 1775.016\108190.5 132 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 48 1775.016\108190.5 133 Exhibit F Chronological History of City Council Legislative Actions for the District Exhibit F to The Colony SAP –- Chronological History of City Council Legislative Actions for the District - Page 49 1775.016\108190.5 Below is a summary of prior legislative actions of the City Council for the District, including the levy of all Assessments against benefitted property within the District. This Exhibit F shall be updated with each Annual Service Plan Update. Items marked with an (**) were validated as part of the matter styled Ex Parte City of The Colony in the 53rd District Court of Travis County, Texas (the "Bond Validation Suit") for which a Final Judgment was issued on January 18, 2012. September 17, 2012**Landowner petition ("PID Creation Petition") for the establishment of the District is submitted to the City and filed with the City Secretary. September 18, 2012 City Council approved Resolution No. 2012-067 accepting the PID Creation Petition and calling a public hearing on the creation of the District for October 8, 2012. September 21, 2012**Notice of "City of The Colony, Texas, Notice of Public Hearing Regarding the Proposed Establishment of City of The Colony Public Improvement District No. 1" is mailed to "Property Owners" as required by the Act. September 22, 2012**Notice of "City of The Colony, Texas, Notice of Public Hearing Regarding the Proposed Establishment of City of The Colony Public Improvement District No. 1" is published in the Denton Record Chronicle as required by the Act. September 26, 2012**City Council by motion accepts and approves PID Creation Petition, waiver of the 15-day notice for the public hearing on the creation of the District to be held on October 8, 2012, and waiver of the 20-day protest period for the commencement of construction of the Authorized Improvements. October 8, 2012**After considering all written and documentary evidence presented at the public hearing described above, City Council approved Resolution No. 2012-073 authorizing the creation of the District. October 9, 2012**Publication of Resolution No. 2012-073 authorizing the creation of the District as required by the Act. December 11, 2012 City Council approved Resolution No. 2012-100 accepting a preliminary service and assessment plan, proposed assessment roll and proposed reimbursement agreement for the District and calling a public hearing ("2013 Assessment Hearing") for January 15, 2013 to consider an ordinance levying assessments on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. December 17, 2012**Notice of "City of The Colony, Texas, Notice of Public Hearing on Assessment Ordinance for the City of The Colony Public Improvement District No. 1" is mailed to "Property Owners" as required by the Act. December 19, 2012**Notice of "City of The Colony, Texas, Notice of Public Hearing on Assessment Ordinance for the City of The Colony Public Improvement District No. 1" is published in the Denton Record Chronicle as required by the Act. January 15, 2013 City Council conducted the 2013 Assessment Public Hearing and approved a motion to continue the 2013 Assessment Public Hearing to February 7, 2013. February 7, 2013**After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2013-1992, recorded as 134 Exhibit F Chronological History of City Council Legislative Actions for the District Exhibit F to The Colony SAP –- Chronological History of City Council Legislative Actions for the District - Page 50 1775.016\108190.5 Instrument No. 2013-20487 in the real property records of Denton County, Texas (the “2013 Assessment Ordinance”), which (i) approved and accepted the “City of The Colony, Texas, Public Improvement District No. 1 Service and Assessment Plan” dated February 7, 2013 (the “Original Service and Assessment Plan”), (ii) levied the 2013 Facility Public Improvement Assessment against the Facility Property for the 2013 Public Improvements as shown on the Assessment Roll attached as Exhibit G to the Original Service and Assessment Plan, and (iii) deferred levying the 2013 Related Development Deferred Assessment for the portion of the 2013 Public Improvements Cost that specially benefits the Related Development Property. City Council approved Resolution No 2013-008 approving the 2013 LGC Sales Tax Bonds, the 2013A LGC Sales Tax Bonds, and the 2013 LGC Tax Bonds and approving the 2013 LGC Sales Tax Bonds Reimbursement Agreement and the 2013 LGC Tax Bonds Reimbursement Agreement. City Council approved Resolution No. 2013-009 approving the 2013 Type A Bonds and approving the 2013 Type A Bonds Reimbursement Agreement. City Council approved Resolution No. 2013-010 approving the 2013 Type B Bonds and approving the 2013 Type B Bonds Reimbursement Agreement. April 21, 2015 City Council approved Resolution No. 2015-042 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2015 Annual Service and Assessment Plan, dated March 17, 2015, including proposed assessment roll for the District and calling a public hearing ("2015 Assessment Public Hearing") for May 5, 2015 to consider an ordinance levying assessments in the aggregate amount of $1,379,301.00 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. May 5, 2015 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2015 Assessment Public Hearing. After considering all written and documentary evidence presented at the duly noticed public hearing described above, the City Council approved Ordinance No. 2015-2136 (the "2015 Assessment Ordinance") which approved the 2015 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,379,301 consisting of: (i) $959,247.96 against the Facility Property for costs of Additional Facility Public Improvements (the "2015 Facility Assessment"), (ii) $369,143.53 for Boardwalk Public Improvement Costs (as defined in the 2015 Annual Service Plan Update) and $50,909.51 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $420,053.04 amount is referred to as the "2015 Related Development Assessment") August 18, 2015 City Council approved Resolution No. 2015-066 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2015-16 Annual Service and Assessment Plan, dated August 13, 2015, including proposed assessment roll for the District, and calling a public hearing ("2015-16 Assessment Public Hearing") for September 1, 2015 to consider an ordinance levying assessments in the aggregate amount of $1,454,992.00 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. 135 Exhibit F Chronological History of City Council Legislative Actions for the District Exhibit F to The Colony SAP –- Chronological History of City Council Legislative Actions for the District - Page 51 1775.016\108190.5 September 15, 2015 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2015-16 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2015-2160 (the "2015 Assessment Ordinance") which approved the 2015 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,454,992 consisting of: (i) $1,218,234.83 against the Facility Property for costs of Additional Facility Public Improvements (the "2015 Facility Assessment"), (ii) $148,428.69 for Boardwalk Public Improvement Costs (as defined in the 2015 Annual Service Plan Update) and $88,328.48 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $236,757.17 amount is referred to as the "2015 Related Development Assessment") August 16, 2016 City Council approved Resolution No. 2016-049 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2016-17 Annual Service and Assessment Plan, dated August 10, 2016, including proposed assessment roll for the District, and calling a public hearing ("2016 Assessment Public Hearing") for September 6, 2016 to consider an ordinance levying assessments in the aggregate amount of $1,162,836.00 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. September 6, 2016 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2016 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2016-2232 (the "2016 Assessment Ordinance") which approved the 2016 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,162,836.00 consisting of: (i) $875,155.64 against the Facility Property for costs of Additional Facility Public Improvements (the "2016 Facility Assessment"), (ii) $120,673.24 for Boardwalk Public Improvement Costs (as defined in the 2016 Annual Service Plan Update) and $167,007.12 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $287,681.36 amount is referred to as the "2016 Related Development Assessment"). September 5, 2017 City Council approved Resolution No. 2017-078 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2017-18 Annual Service and Assessment Plan, dated August 16, 2017, including proposed assessment roll for the District, and calling a public hearing ("2017 Assessment Public Hearing") for September 19, 2017 to consider an ordinance levying assessments in the aggregate amount of $1,531,458.00 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. September 19, 2017 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2017 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2017-2283 (the "2017 Assessment Ordinance") which approved the 2017 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,531,458 consisting of: (i) $658,465 against the Facility Property for costs of Additional Facility Public Improvements (the 136 Exhibit F Chronological History of City Council Legislative Actions for the District Exhibit F to The Colony SAP –- Chronological History of City Council Legislative Actions for the District - Page 52 1775.016\108190.5 "2017 Facility Assessment"), (ii) $402,978 for Waterfront Public Improvement Costs (as defined in the 2017 Annual Service Plan Update) and $470,015 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $872,993 amount is referred to as the "2017 Related Development Assessment"). August 21, 2018 City Council approved Resolution No. 2018-071 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2018-19 Annual Service and Assessment Plan, dated August 16, 2018, including proposed assessment roll for the District, and calling a public hearing ("2018 Assessment Public Hearing") for September 18, 2018 to consider an ordinance levying assessments in the aggregate amount of $1,497,805.98 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. September 18, 2018 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2018 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2018-2235 (the "2018 Assessment Ordinance") which approved the 2018 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,497,805.98 consisting of: (i) $810,379.62 against the Facility Property for costs of Additional Facility Public Improvements (the "2018 Facility Assessment"), (ii) $83,293.66 for Waterfront Public Improvement Costs (as defined in the 2018 Annual Service Plan Update) and $604,132.70 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $687,426.36 amount is referred to as the "2018 Related Development Assessment"). August 20, 2019 City Council approved Resolution No. 2019-065 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2019-20 Annual Service and Assessment Plan, dated August 15, 2019, including proposed assessment roll for the District, and calling a public hearing ("2019 Assessment Public Hearing") for September 17, 2019 to consider an ordinance levying assessments in the aggregate amount of $1,061,109.02 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. September 17, 2019 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2019 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2019-2376 (the "2019 Assessment Ordinance") which approved the 2019 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,061,109.02 consisting of: (i) $570,667.99 against the Facility Property for costs of Additional Facility Public Improvements (the "2019 Facility Assessment"), (ii) $49,965.50 for Waterfront Public Improvement Costs (as defined in the 2019 Annual Service Plan Update) and $440,475.53 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $490,441.03 amount is referred to as the "2019 Related Development Assessment"). August 5, 2020 City Council approved Ordinance No. 2020-2403 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2020-21 Annual Service and Assessment Plan, 137 Exhibit F Chronological History of City Council Legislative Actions for the District Exhibit F to The Colony SAP –- Chronological History of City Council Legislative Actions for the District - Page 53 1775.016\108190.5 dated August 13, 2020, including proposed assessment roll for the District, and calling a public hearing ("2020 Assessment Public Hearing") for September 15, 2020 to consider an ordinance levying assessments in the aggregate amount of $1,061,109.02 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. September 15, 2020 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2020 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2020-2407 (the "2020 Assessment Ordinance") which approved the 2020 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,061,109.02 consisting of: (i) $570,667.99 against the Facility Property for costs of Additional Facility Public Improvements (the "2020 Facility Assessment"), (ii) $49,965.50 for Waterfront Public Improvement Costs (as shown in Exhibit B of the 2020 Assessment Ordinance) and $440,475.53 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $490,441.03 amount is referred to as the "2020 Related Development Assessment"). January 19, 2021 City Council approved Ordinance No. 2021-2430 approving an Approving an Amended and Restated Service and Assessment Plan for the District, Including Assessment Roll for The City of The Colony Public Improvement District No. 1. City Council approved Resolution No. 2021-006 approving and Consenting to The Colony Local Development Corporation Tax Increment Contract Revenue Refunding Bonds (Nebraska Furniture Mart Texas Project) Taxable Series 2021. August 17th, 2021 City Council approved Resolution No. 2021-053 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2021-22 Annual Service and Assessment Plan, dated August 13, 2020, including proposed assessment roll for the District, and calling a public hearing ("2021 Assessment Public Hearing") for September 7, 2021 to consider an ordinance levying assessments in the aggregate amount of $902,327on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. September 7th, 2021 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2021 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2021-2449 (the "2021 Assessment Ordinance") which approved the 2021 Annual Service Plan Update and levied Assessments in the aggregate amount of $902,327 consisting of: (i) $535,879.94 against the Facility Property for costs of Additional Facility Public Improvements (the "2021 Facility Assessment"), (ii) $41,034.82 for Waterfront Public Improvement Costs (as shown in Exhibit B of the 2021 Assessment Ordinance) and $325,412.13 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $366,446.95 amount is referred to as the "2021 Related Development Assessment"). [August 16th, 2022]City Council approved Resolution No. 2022-054 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2022-23 Annual Service and Assessment Plan, 138 Exhibit F Chronological History of City Council Legislative Actions for the District Exhibit F to The Colony SAP –- Chronological History of City Council Legislative Actions for the District - Page 54 1775.016\108190.5 dated August 14th, 2022, including proposed assessment roll for the District, and calling a public hearing ("2022 Assessment Public Hearing") for September 6, 2022 to consider an ordinance levying assessments in the aggregate amount of $1,304,422 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. [October 18th, 2022]After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2022 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2022-______ (the "2022 Assessment Ordinance") which approved the 2022 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,304,421.76 consisting of: (i) $731,985.36 against the Facility Property for costs of Additional Facility Public Improvements (the "2022 Facility Assessment"), (ii) $68,245.18 for Waterfront Public Improvement Costs (as shown in Exhibit B of the 2022 Assessment Ordinance) and $504,191.22 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $572,436.40 amount is referred to as the "2021 Related Development Assessment"). 139 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2022 - ________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, RELATED TO THE CITY OF THE COLONY PUBLIC IMPROVEMENT DISTRICT NO. 1; APPROVING A SERVICE AND ASSESSMENT PLAN FOR THE DISTRICT FOR FISCAL YEAR 2022-2023 ANNUAL FACILITY PUBLIC IMPROVEMENTS, WATERFRONT PUBLIC IMPROVEMENTS, AND RELATED DEVELOPMENT PUBLIC IMPROVEMENTS FOR DEVELOPED PROPERTIES WITHIN THE DISTRICT CONSISTING OF THE FACILITY PROPERTY, WATERFRONT PROPERTY AND RELATED DEVELOPMENT PROPERTY; APPROVING AN ASSESSMENT ROLL FOR THE FACILITY PROPERTY, WATERFRONT PROPERTY, AND RELATED DEVELOPMENT PROPERTY WITHIN THE DISTRICT; LEVYING A SPECIAL ASSESSMENT AGAINST THE FACILITY PROPERTY, WATERFRONT PROPERTY, AND RELATED DEVELOPMENT PROPERTY WITHIN THE DISTRICT TO PAY FOR FISCAL YEAR 2022-2023 ANNUAL FACILITY PUBLIC IMPROVEMENTS, WATERFRONT PUBLIC IMPROVEMENTS, AND RELATED DEVELOPMENT PUBLIC IMPROVEMENTS; PROVIDING FOR THE COLLECTION OF THE SPECIAL ASSESSMENTS; CREATING A CHARGE AND LIEN AGAINST SAID PROPERTIES; RATIFYING AND CONFIRMING PRIOR ACTIONS RELATED TO THE DISTRICT; PROVIDING PENALTIES FOR DELINQUENT SPECIAL ASSESSMENTS; CREATING A DISTRICT PROJECT FUND; PROVIDING FINDINGS AND DETERMINATIONS BY AND RELATED TO THE DISTRICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 372 of the Texas Local Government Code (hereinafter referred to as the “Act”) authorize the City of The Colony, Texas, to create a public improvement district within the City of The Colony, Texas; and WHEREAS,on Monday, September 17, 2012, there was presented to the City of The Colony, Texas (hereinafter referred to as the “City”) a petition (hereinafter referred to as the “Petition”) seeking the authorization to establish a public improvement district (hereinafter referred to as the “District”) within the City pursuant to Chapter 372 of the Texas Local Government Code, as amended, for an approximately 439.12 acre tract or tracts of land, which is more further described and depicted in Exhibit A of this Ordinance, which is attached hereto and incorporated herein for all purposes; and WHEREAS,on Tuesday, September 18, 2012, the City Council for the City approved Resolution No. 2012-067, ordering a public hearing for October8, 2012 (hereinafter referred to as the “Creation Public Hearing”), to consider a resolution creating the District; and WHEREAS, on or before September 22, 2012, the City Secretary mailed and caused to be published notice of the Creation Public Hearing as required by the Act, which date was before the 15th day before the date of the Creation Public Hearing; and 140 WHEREAS, after mailing, publishing, and otherwise providing all notices of the Creation Public Hearing as required by the Act and state law, the City Council conducted the Creation Public Hearing on October 8, 2012, at the time and place and for the purposes set forth in the notices; and WHEREAS, Owner appeared at the Creation Public Hearing by its representative and affirmed Owner’s request to create the District; and WHEREAS, no one appeared at the Creation Public Hearing in opposition to the creation of the District; and WHEREAS, after all persons having an interest in the District were given an opportunity to be heard in support of or in opposition to the creation of the District, the City Council closed the Creation Public Hearing on October 8, 2012, and by a majority vote of all members of the City Council adopted and approved Resolution No. 2012-073 creating the District; and WHEREAS, on October 9, 2012, the City Secretary caused notice of Resolution No. 2012-073 to be published as required by the Act; whereupon the creation of the District took effect as provided by the Act; and WHEREAS, on Tuesday, August 16, 2022, the City Council adopted and approved a resolution accepting the City of The Colony Public Improvement District No. 1, Preliminary 2022- 2023 Annual Service and Assessment Plan, dated August 16, 2022, for properties within the District, including (i) a determination of the cost of the public improvements and supplemental services being provided for the special benefit of the District; (ii) a service plan; (iii) an assessment plan; and (iv) an assessment roll (collectively, the “Preliminary 2022-2023 Annual SAP”); and WHEREAS, after all persons having an interest in the levy of special assessments against the Facility Property, Waterfront Property and Related Development Property within the District were given an opportunity to be heard in support of or in opposition to the special assessments, the City Council closed the Assessment Hearing on October 18, 2022; and WHEREAS, after the closing of the Assessment Hearing, and after considering the information, materials, evidence, and testimony offered to the City Council prior to and at the Assessment Hearing, and there were no objections to the levy of the special assessments against the Facility Property, Waterfront Property and Related Development Property, the City Council has determined that it promotes the interests of the City to adopt and approve this Ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: SECTION 1.The recitals set forth in the WHEREAS clauses of this Ordinance are true and correct, are part of this Ordinance for all purposes, and constitute findings and determinations of the City Council acting in its discretionary, legislative capacity. SECTION 2.The City Council has investigated and determined and hereby ratifies and confirms that: 141 2.1 The matters set forth in the Petition are true and correct; 2.2 The Petition complies with all requirements of the Act and is sufficient under the Act for all purposes including, but not limited to, the creation of the District; 2.3 The Facility Public Improvements, Waterfront Public Improvements, and Related Development Public Improvements more particularly described in the Service and Assessment Plan, attached hereto as Exhibit C are authorized by the Act, promote the interests of the City, and confer a special benefit on the Facility Property, Waterfront Property, and the Related Development Property; 2.4 The form, content, timing, and method for providing notice of the Creation Public Hearing, and all matters related to the conduct of the Creation Public Hearing and the adoption of Resolution No. 2012-073 creating the District were in accordance with the Act, state law, and the City Charter and ordinances of the City; 2.5 Prior to conducting the Assessment Hearing and the adoption of this Ordinance, the City Council determined the total cost of the Facility Public Improvements, Waterfront Public Improvements, and Related Development Public Improvements based on Official Reports and filed with the City Secretary and made available for public inspection the Preliminary 2022-2023 Annual SAP; 2.6 The form, content, timing, and method for providing the notice of the Assessment Hearing, and all matters related to the conduct of the Assessment Hearing and the adoption of this Ordinance, were in accordance with the Act, state law, and the City Charter and ordinances of the City; 2.7 The City Council has provided opportunity for the owners of property liable for the special assessments, and for the public at large, to appear, in person or by their representatives, and present objections to the creation of the District and the levy of the special assessments; however, no objections to the creation of the District or to the levy of the special assessments against the Facility Property, Waterfront Property, and the Related Development Property were presented; and 2.8 All actions taken by the City Council in connection with the District have been taken and performed in accordance with the Act, state law, and the City Charter and ordinances of the City and in a regular, proper, and valid manner. SECTION 3.The City of the Colony Public Improvement District No. 1 2022-2023 Annual Service and Assessment Plan dated August 16, 2022, a copy of which is attached hereto as Exhibit C, and is incorporated herein for all purposes (as updated, from time to time, the “Service and Assessment Plan”) is hereby approved by the City Council as the “service plan,” “assessment plan,” and “assessment roll” as the 2022-2023 Annual Service and Assessment Plan for the Facility Property, Waterfront Property, and the Related Development Property as required by the Act, and is incorporated as part of this Ordinance for all purposes. The Service and Assessment Plan shall be updated by the City Council no less frequently than annually as required by the Act and more frequently as required by the Service and Assessment Plan. A copy of the 142 Service and Assessment Plan, as updated from time to time, is available from the City Secretary. SECTION 4.Unless otherwise defined in this Ordinance, capitalized terms used in this Ordinance shall have the meanings given to them in the Service and Assessment Plan. SECTION 5.Based on the Service and Assessment Plan, attached hereto as Exhibit C, the City Council hereby levies a Special Assessment (as a “special assessment” under the Act) upon the Facility Property, Waterfront Property, and the Related Development Property in the amounts set forth in Exhibit B of this Ordinance, which is attached hereto and incorporated herein for all purposes. SECTION 6. Each Special Assessment against the Facility Property, Waterfront Property, and the Related Development Property, together with interest, the expenses of collection, and reasonable attorney’s fees, if incurred, constitutes a lien against the Facility Property, Waterfront Property, and the Related Development Property (the priority of which is established by the Act) and is the personal liability of and charge against the owner of the Facility Property, Waterfront Property, and the Related Development Property regardless of whether the owner is named in this Ordinance. SECTION 7.The assessment lien against the Facility Property, Waterfront Property, and the Related Development Property created by the Special Assessment is effective from the date of this Ordinance and “runs with the land.” The assessment lien against the Facility Property, Waterfront Property, and the Related Development Property may be enforced by the City, including foreclosure, in the same manner that an ad valorem tax lien is foreclosed. Any purchaser of the Facility Property, Waterfront Property, and the Related Development Property in foreclosure takes subject to the lien against the Facility Property, Waterfront Property, and the Related Development Property created by the Special Assessment. SECTION 8. The Special Assessments against the Facility Property, Waterfront Property, and the Related Development Property as set forth in Exhibit B of this Ordinance are due and payable not later than January 31, 2023, and will be delinquent on February 1, 2023. Delinquent Special Assessments shall incur interest, penalties, and attorney's fees in the same manner as delinquent ad valorem taxes. SECTION 9. The City (or any other person, entity, or governmental agency permitted by law) shall bill, collect, and immediately deposit Assessment Revenue into a segregated operating account, the PID Operating Account for Annual Assessments, as provided by the Service and Assessment Plan. The PID Operating Account for Annual Assessments (and the sub-accounts thereof) shall be created by the City and shall be segregated from all other funds of the City. The City shall only use the funds in the PID Operating Account for Annual Assessments for the purposes determined by the City Council at the time the Special Assessments are levied. SECTION 10. Based on materials and information prepared by City staff and qualified professional consultants, on testimony provided throughout the process of creating the District and levying the Special Assessments including, but not limited to, testimony offered at the Creation Public Hearing and Assessment Hearing, and on other information, materials, evidence, and testimony available to or provided to the City Council for its consideration, the City Council, acting in its discretionary, legislative capacity, hereby finds and determines: 143 10.1 That the Facility Property, Waterfront Property, and the Related Development Property are specially benefited by the Facility Public Improvements, Waterfront Public Improvements and Related Development Improvements, as applicable, in an amount that exceeds the Special Assessments levied against the Facility Property, Waterfront Property, and the Related Development Property; 10.2 That the Special Assessments against the Facility Property, Waterfront Property, and the Related Development Property: (i) is just and equitable; (ii) produces substantial equality, considering the benefits received and the burdens imposed; (iii) results in imposing equal shares of the cost of the Public Improvements on property within the District that is similarly benefitted; and (iv) is authorized by and has been levied in accordance with the Act, state law, City Charter, and the ordinances of the City; 10.3 That all prerequisites to the fixing of the Special Assessment lien against the Facility Property, Waterfront Property, and the Related Development Property, and to the personal liability of the real and true owner of the Facility Property, Waterfront Property, and the Related Development Property, whether named in this Ordinance or not, have been in all things regularly and duly performed in compliance with the Act and all other applicable laws, ordinances, regulations, procedures, and policies; and 10.4 That the Special Assessments levied against the Facility Property, Waterfront Property, and the Related Development Property are in amounts required to pay the cost of the Public Improvements. SECTION 11. The City Council may make supplemental assessments to correct omissions or mistakes related to the cost of the Public Improvements and reassessments if the City Council determines that any special assessment is excessive. The City Council may also adjust Special Assessments downward following each annual update to the Service and Assessment Plan. SECTION 12. This Ordinance incorporates, by reference, all provisions of the Act. In the event of any conflict between this Ordinance and the Act, the Act shall control. SECTION 13. If any provision of this Ordinance, or the application of any provision to any person or set of circumstances, is held by any court to be invalid, the remaining provisions shall be unaffected. All provisions of this Ordinance are severable for such purpose. SECTION 14. This Ordinance shall take effect effective immediately upon passage and approval by the City Council. 144 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 18TH DAY OF OCTOBER, 2022. APPROVED: Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________________ Kim Thompson, Deputy City Secretary APPROVED AS TO FORM: ___________________________________________ Jeffrey L. Moore, City Attorney ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the 18th day of October, 2022, by Richard Boyer, Mayor of the City of The Colony, Texas, a Texas home-rule municipality, on behalf of said municipality. ____________________________________ Notary Public, State of Texas 145 Exhibit A Legal Description of the Property (439.12 Acres) Being a 439.12 acre tract of land situated in the B.B.B & C.R.R. Survey, Abstract No. 173, B.B.B. & C. Survey, Abstract No. 174, Thomas A. West Survey, Abstract No. 1344, and the M.D.T. Hallmark Survey, Abstract No. 570, Denton County, Texas, and being all of a tract of land conveyed by deed to 121 Acquisition Company, LLC., as recorded in Instrument No. 2011- 114773, 2011-121444, and 2011-112195, Deed Records, Denton County, Texas, and a portion of Plano Parkway and a portion of Burlington Northern Railroad tract, and being more particularly described as follows: BEGINNING at a found Txdot monument, said point being the northwest corner of said 121 Acquisition Company, LLC tract and being in the south right-of-way line of State Highway 121 (having a variable width R.O.W.); THENCE North 63°32'06" East, along said south right-of-way line, a distance of 130.52 feet to a point for corner; THENCE North 60°22'33" East, continuing along said south right-of-way line, a distance of 80.86 feet to a point for corner; THENCE South 29°13'03" East, continuing along said south right-of-way line, a distance of 50.00 feet to a point for corner; THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 219.64 feet to a point for corner, said point being in the west right-of-way line of Plano Parkway (100 ft R.O.W.); THENCE North 50°53'35" East, leaving said south right-of-way line, and leaving said west right- of-way line, a distance of 100.00 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 950.00 feet and a central angle of 1°26'54" and a long chord which bears North 38°22'58" West, 24.01 feet, said point being in the east right-of-way line of said Plano Parkway; THENCE along said east right-of-way line, and along said non-tangent curve to the right an arc distance of 24.01 feet to a point for corner, said point being the most southerly point of a corner- clip of the intersection of said east right-of-way line of Plano Parkway and the south right-of-way line of said State highway 121; THENCE North 08°46'31" East, along said corner-clip, a distance of 26.03 feet to a point for corner, said point being in the south right-of-way line of said State highway 121; THENCE North 60°47'38" East, along said south right-of-way line, a distance of 203.71 feet to a point for corner; THENCE North 58°17'36" East, continuing along said south right-of-way line, a distance of 146 252.11 feet to a point for corner; THENCE North 55°47'40" East, continuing along said south right-of-way line, a distance of 105.11 feet to a point for corner; THENCE North 58°17'42" East, continuing along said south right-of-way line, a distance of 248.62 feet to a point for corner; THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 263.85 feet to a point for corner; THENCE North 76°30'51" East, continuing along said south right-of-way line, a distance of 92.27 feet to a point for corner; THENCE North 65°56'12" East, continuing along said south right-of-way line, a distance of 100.40 feet to a point for corner; THENCE North 64°13'39" East, continuing along said south right-of-way line, a distance of 100.18 feet to a point for corner; THENCE North 60°16'36" East, continuing along said south right-of-way line, a distance of 39.88 feet to a point for corner; THENCE South 74°12'01" East, continuing along said south right-of-way line, a distance of 70.70 feet to a point for corner; THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 64.12 feet to a point for corner; THENCE North 15°47'17" East, continuing along said south right-of-way line, a distance of 73.27 feet to a point for corner; THENCE North 59°04'32" East, continuing along said south right-of-way line, a distance of 94.25 feet to a point for corner; THENCE North 55°39'04" East, continuing along said south right-of-way line, a distance of 100.40 feet to a point for corner; THENCE North 47°37'54" East, continuing along said south right-of-way line, a distance of 114.18 feet to a point for corner; THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 3800.00 feet to a point for corner; THENCE North 65°20'10" East, continuing along said south right-of-way line, a distance of 189.41 feet to a point for corner; THENCE North 61°56'23" East, continuing along said south right-of-way line, a distance of 147 100.02 feet to a point for corner; THENCE North 63°39'23" East, continuing along said south right-of-way line, a distance of 100.12 feet to a point for corner; THENCE North 64°47'53" East, continuing along said south right-of-way line, a distance of 100.24 feet to a point for corner; THENCE North 66°30'16" East, continuing along said south right-of-way line, a distance of 201.00 feet to a point for corner; THENCE North 65°56'12" East, continuing along said south right-of-way line, a distance of 100.40 feet to a point for corner; THENCE North 66°30'16" East, continuing along said south right-of-way line, a distance of 100.50 feet to a point for corner; THENCE North 63°05'04" East, continuing along said south right-of-way line, a distance of 100.08 feet to a point for corner; THENCE North 64°13'39" East, continuing along said south right-of-way line, a distance of 100.18 feet to a point for corner; THENCE North 83°05'27" East, continuing along said south right-of-way line, a distance of 69.58 feet to a point for corner; THENCE North 60°39'18" East, continuing along said south right-of-way line, a distance of 33.81 feet to a point for corner, said point being in the west right-of-way line of Burlington Northern Railroad (having a variable width R.O.W.); THENCE North 60°38'52" East, leaving said west right-of-way line, a distance of 107.30 feet to a point for corner, said point being in the east right-of-way line of saidBurlington Northern Railroad; THENCE North 60°45'58" East, leaving said east right-of-way line, continuing along said south right-of-way line of State Highway 121, a distance of 254.35 feet to a point for corner; THENCE North 63°19'02" East, continuing along said south right-of-way line, a distance of 585.96 feet to a point for corner; THENCE North 60°52'09" East, continuing along said south right-of-way line, a distance of 369.37 feet to a point for corner, said point being in the west right-of-way line of West Spring Creek Parkway (having a 160 ft R.O.W.); THENCE South 29°24'43" East, leaving said south right-of-way line, and along said west right- of-way line, a distance of 265.52 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 970.00 feet and a central angle of 29°13'42", and a long chord which bears South 14°53'13" East, 489.48 feet; 148 THENCE continuing along said west right-of-way line, and along said non-tangent curve to the right an arc distance of 494.83 feet to a point for corner; THENCE South 00°22'42" East, continuing along said west right-of-way line, a distance of 476.17 feet to a point for corner; THENCE South 00°23'35" East, continuing along said west right-of-way line, a distance of 864.92 feet to a point for corner, said point being in the north line of Kings Ridge Addition, Phase Three, as recorded in Cabinet X, Page 450, Plat Records, Denton County, Texas; THENCE South 89°40'20" West, leaving said west right-of-way line, and along said north line, a distance of 1199.93 feet to a point for corner, said point being in the east right-of-way line of said Burlington Northern Railroad; THENCE North 87°39'44" West, leaving said north line, leaving said east right-of-way line, a distance of 101.16 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 3703.75 feet and a central angle of 3°44'19" and a long chord which bears South 04°12'25" West, 241.62 feet, said point being in the west right-of-way line of said Burlington Northern Railroad; THENCE along said east right-of-way line, and along said non-tangent curve to the right an arc distance of 241.67 feet to a point for corner; THENCE South 06°04'35" West, continuing along said east right-of-way line, a distance of 2524.64 feet to a point for corner; THENCE North 83°17'00" West, continuing along said east right-of-way line, a distance of 190.16 feet to a point for corner; THENCE South 00°51'51" East, continuing along said east right-of-way line, a distance of 970.10 feet to a point for corner; THENCE South 89°03'50" West, continuing along said east right-of-way line, a distance of 31.06 feet to a point for corner; THENCE South 01°14'37" East, continuing along said east right-of-way line, a distance of 447.78 feet to a point for corner; THENCE North 87°06'22" West, leaving said east right-of-way line, a distance of 1240.48 feet to a point for corner, for the beginning of a non-tangent curve to the left having a radius of 1130.00 feet and a central angle of 103°16'58", and a long chord which bears North 38°43'34" West, 1772.16 feet, said point being in the east right-of-way line of said Plano Parkway; THENCE along said east right-of-way line, and along said non-tangent curve to the left an arc distance of 2036.97 feet to a point for corner; THENCE South 89°38'05" West, continuing along said east right-of-way line, a distance of 647.23 149 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 950.00 feet and a central angle of 40°05'36" and a long chord which bears North 70°19'29" West, 651.29 feet; THENCE continuing along said east right-of-way line, and along said non-tangent curve to the right an arc distance of 664.77 feet to a point for corner, for the beginning of a reverse curve to the left having a radius of 1050.00 feet and a central angle of 40°15'06" and a long chord which bears North 70°25'01" West, 722.57 feet; THENCE continuing along said east right-of-way line, and along said curve to the left an arc distance of 737.65 feet to a point for corner; THENCE South 89°31'25" West, continuing along said east right-of-way line, a distance of 623.83 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 950.00 feet, a central angle of 0°48'07", and a long chord which bears South 89°55'28" West, 13.21 feet; THENCE continuing along said east right-of-way line, along said curve to the right, an arc distance of 13.21 feet to a point for corner; THENCE South 00°19'22" West, leaving said east right-of-way line, a distance of 100.00 feet to a point for corner, said point being in the west right-of-way line of said Plano Parkway; THENCE South 89°58'40" West, leaving said west right-of-way line, a distance of 1210.45 feet to a point for corner; THENCE North 00°25'18" West, a distance of 226.47 feet to the POINT OF BEGINNING and CONTAINING 19,128,279 square feet, 439.12 acres of land, more or less. 150 151 Exhibit B [Special Assessment upon the Facility Property, Waterfront Property, and the Related Development Property] 152 Waterfront Property ($68,245.18) #957987 – 13.774 acres~83.91%$57,267.00 #704832 – 0.675 acres~4.11%$2,806.39 #957988 - .506 acres ~3.08%$2,103.75 #957989 – 0.2976 acres ~1.81%$1,237.31 #957990 – 0.2717 acres ~ 1.66%$1,129.62 #957991 – 0.4838 acres ~ 2.95%$2,011.45 #957992 – 0.4064 acres ~ 2.48%$1,689.66 Related Development Property ( $504,191.22) #692390 – 2.015 acres ~ 1.69%$8,377.60 #692391 – 2.105 acres ~ 1.77%$ 8,751.78 #653843 – 2.944 acres ~ 2.47%$14,330.02 #653844 – 2.683 acres ~ 2.25%$11,154.88 #674231 – 3.386 acres ~ 2.84%$14,077.69 #692387 – 1.903 acres ~ 1.60%$ 7,911.94 #692388 – 0.301 acres ~ 0.25%$1,251.44 #692379 – 2.931 acres ~2.46%$12,185.97 #692380 – 0.204 acres ~ 0.17%$ 848.15 #732382 – 8.551 acres ~ 7.18%$35,551.77 #748393 – 79.089 acres ~ 66.41%$332,623.12 #753491 – 5.839 acres ~ 4.9%$24,275.84 #753492 – 1.574 acres ~ 1.32%$6,543.09 #674218-3.645 acres ~3.06% $18,304.51 #692389-1.925 acres ~1.62% $8,003.41 153 154 Waterfront Property ($68,245.18) #957987 – 13.774 acres~83.91%$57,267.00 #704832 – 0.675 acres~4.11%$2,806.39 #957988 - .506 acres ~3.08%$2,103.75 #957989 – 0.2976 acres ~1.81%$1,237.31 #957990 – 0.2717 acres ~ 1.66% $1,129.62 #957991 – 0.4838 acres ~ 2.95% $2,011.45 #957992 – 0.4064 acres ~ 2.48% $1,689.66 Related Development Property ( $504,191.22) #692390 – 2.015 acres ~ 1.69%$8,377.60 #692391 – 2.105 acres ~ 1.77%$ 8,751.78 #653843 – 2.944 acres ~ 2.47%$14,330.02 #653844 – 2.683 acres ~ 2.25%$11,154.88 #674231 – 3.386 acres ~ 2.84%$14,077.69 #692387 – 1.903 acres ~ 1.60%$ 7,911.94 #692388 – 0.301 acres ~ 0.25%$1,251.44 #692379 – 2.931 acres ~2.46%$12,185.97 #692380 – 0.204 acres ~ 0.17%$ 848.15 #732382 – 8.551 acres ~ 7.18%$35,551.77 #748393 – 79.089 acres ~ 66.41%$332,623.12 #753491 – 5.839 acres ~ 4.9%$24,275.84 #753492 – 1.574 acres ~ 1.32%$6,543.09 #674218-3.645 acres ~3.06%$18,304.51 #692389-1.925 acres ~1.62%$8,003.41 155 Exhibit C [Service and Assessment Plan] 156 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: October 18, 2022 Submitted by: Isaac Williams Submitting Department: Engineering Item Type: Ordinance Agenda Section: Subject: Conduct a public hearing, discuss and consider an ordinance regarding a Specific Use Permit (SUP) to allow an approximately 720 sq. ft. Health and Wellness store [retail, other] known as “The Green Room,” located at 6805 Main Street, Suite 120, within the Shopping Center (SC) Zoning District and Gateway Overlay District. (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendations. Attachments: The Green Room - SUP Staff Report (final).pdf PZ Report Exhibits.pdf Ord. 2022 -XXXX The Green Room SUP.docx 157 1 CITY COUNCIL REPORT AGENDA DATE: October 18, 2022 DEPARTMENT: Planning Department SUBJECT: SUP22-0003: 6805 Main Street, Suite 120 The Green Room (Health and Wellness ) Conduct a public hearing, discuss and consider the approval of a Specific Us e Permit (SUP) to allow an approximately 720 sq. ft. Health and Wellness store [retail, other] known as “The Green Room,” located at 6805 Main Street, Suite 120, within the Shopping Center (SC) Zoning District and Gateway Overlay District. OWNER/ENGINEER Owner: The Colony Joint Venture Dallas, Texas Applicant: Marco Parada Allen, Texas EXISTING CONDITION OF PROPERTY The tenant space was previously developed as an office, known as Rosalyn Ward Greer Insurance Agency, Suite 120 at 6805 Main Street. ADJACENT ZONING AND LAND USE North - Planned Development 3 (PD-3) Zoning District – Single-Family homes South - Shopping Center (SC) Zoning District – Oaks Village Shopping Center East - General Retail (GR) Zoning District – City Hall West - Shopping Center (SC) Zoning District – Kroger PROPOSED DEVELOPMENT The applicant requests Specific Use Permit (SUP) approval to allow the proposed retail use within Oaks Village Shopping Center. The proposed use will sell health and wellness products that include CBD, CBN and CBG, and CBDA products. Merchandise will include topicals, edibles, bath bombs, tinctures and vapes. The applicant intents to operate from Monday to Saturday between 10 a.m. until 9:00 p.m. and Sunday between 11:00 a.m. until 8:00 p.m. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the SUP meets the requirements of The Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined in the Staff Report. PRIOR ACTION On September 27, 2022, the Planning and Zoning Commission voted (5-0) to recommend approval of a Specific Use Permit (SUP) to allow an approximately 720 sq. ft. Health and Wellness store [retail, other] known as “The Green Room,” located at 6805 Main Stree t, Suite 120, within the Shopping Center (SC) Zoning District and Gateway Overlay District. 158 2 ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Site Plan 4. Floor Plan 5. Elevation Photograph 6. Applicant Narrative ATTACHMENT 1 STAFF ANALYSIS LAND USE ANALYSIS The subject site is located within the Shopping Center (SC) Zoning District. The Zoning Ordinance requires SUP approval for retail uses that are not specifically listed in the land use chart of the zoning ordinance when such use are located within the Shopping Ce nter (SC) Zoning District. The proposed Health and Wellness establishment is not explicitly listed as a use in the land use chart, however the nature of the establishment is retail and is akin to a retail store specializing in health related supplements si milar to a GNC or The Vitamin Shoppe. The proposed establishment will occupy the former Rosalyn Ward Greer Insurance Agency, located in Suite 120 at 6805 Main Street. The applicant intents to operate from Monday to Saturday between 10 a.m. until 9:00 p.m. and Sunday between 11:00 a.m. until 8:00 p.m. Specific Use Permit approval is intended to offer further evaluation of certain uses and the appropriateness of the operation of those uses within the context of the surrounding area. Uses within the Shopping Center (SC) Zoning District typically include a mix of retail, office and personal services. A review of nearby existing uses in the Shopping Center (SC) Zoning District was found to include a mix of retail and services. Nearby retail uses in the SC dist rict include: a beverage store, restaurants, a phone store and personal services. The proposed Health and Wellness use will not be inconsistent with found uses. SPECIFIC USE PERMIT (SUP) CRITERIA In accordance with Section 10-905 (Special Use Permits - Approval Criteria) of the Zoning Ordinance, the Planning and Zoning Commission and City Council shall review and evaluate a Specific Use Permit application using the following criteria: 1. Conformance with the City of The Colony’s Comprehensive Plan; The Future Land Use Map identifies this area as “Urban Corridor Potential Town center Redevelopment” which includes commercial, entertainment and support services. The proposed land use is in conformance with The Colony Comprehensive Plan. 2. Conformance with applicable regulations and standards established by the zoning regulations; With the approval of the SUP, the application will be in conformance with the Zoning Ordinance. 3. Compatibility with existing or permitted uses on abutting sites, in terms of building height, build and scale, setbacks on open spaces, landscaping and site development, access and circulation features, architectural compatibility; 159 3 The proposed Health and Wellness use is generally compatible with the approved uses on abutting sites. The area surrounding the suite are mainly retail and service businesses. 4. Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable and anticipated in the area, existing zoning and land uses in the area; The site layout for the subject site has been reviewed and has been previously approved by the City, which meets traffic circulation and associated requirements. 5. Protection of persons and property from erosion, flood, or water damage, fire, noise, glare, air quality, generation of dust and odors, and similar hazards and impacts; The subject site was developed in accordance with the applicable regulations at the time of construction. 6. Location, lighting and type of signs; the relation of signs to traffic control and adverse effect of signs on adjacent properties; All existing lighting will remain as previously approved. All signage shall be reviewed in accordance with the Sign Ordinance. 7. Adequacy and convenience of off-street parking and loading facilities; The subject site meets the Zoning Ordinance requirements for off -street parking and no increase in off-street parking is anticipated. 8. Determination that the proposed use and site development, together with any modifications applicable thereto, will be compatible with existing or permitted uses in the vicinity; Developments within Shopping Center (SC) Zoning District generally consist of retail activities. The proposed development Health and Wellness, is consistent with the intended uses for Shopping Center (SC) Zoning District and compatible with the surrounding land uses within the vicinity. 9. Determination that any conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses in the same district and surrounding area No special conditions are being recommended by staff. The proposed use as requested is not anticipated to create any unfavorable impacts on nearby uses in the same district and surrounding area. 10. Determination that the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare of materially injurious to properties or improvements in the vicinity. The proposed use is not anticipated to be detrimental to the public health, safety, or welfare. INFRASTRUCTURE IMPROVEMENTS No specific public infrastructure improvements are planned for this area. NOTIFICATION 160 4 The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to the City Council meeting. Notice for this SUP Public Hearing was published in The Dallas Morning News on October 3, 2022. In addition, the Zoning Ordinance requires notification of property owners located within 200 feet of the subject property a minimum of fifteen (15) days prior to the public hearing. Public Hearing notices were mailed on October 3, 2022 to adjacent property owners. No comments either for or against the SU P were received as of printing of this packet. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the SUP meets the requirements of The Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined in the Staff Report. 161 MAI N ST180 160 140 150 130 120 100 4621 4627 300 120 100 P D 3 Kroger Vapormax CheaperLiquor Metr oPCS Subway AquariusDental Tic TacToe HairLounge SecondhandSports S CSC This map w as generat ed by G IS data provided by The Colony G IS Departm ent. T he City of The Colony does not guarantee the correct ness oraccuracy of any feat ures on this map. T hes e digital produc ts are f or llust ration purposes only and ar e not suitable for site-s pec ific dec is ion mak ing. ±Project No . SUP22-0003 - Project Nam e: The G reen Room Th e Gr ee n Ro om Pla nn e d Deve lo pme nt , P D3 Sho p pi ng Ce n ter Subje ctArea 162 163 164 165 To Whom this may concern; My name is Marco Parada and I am the co-owner of, Moon Harvest LLC dba “The Green Room”. A little bit about Moon Harvest LLC, which we started in 2019, my partner and I. Being that I have been in the cannabis/hemp industry over 20 years, (back in California of course). Our goal is to provide Dallas and the surrounding cities with quality USA grown hemp derived products. We currently distribute our own moon harvest products to over 30 retail stores in the Dallas, DFW area and growing. We started our retail stores, “The Green Room” back in early 2021 and currently we have 2 retail locations.1 in Dallas and another in Carrollton. We are hoping we expand to The Colony, with the cities approval of course. We have our Texas Hemp license as required by the state of Texas to sell hemp derived products and all other necessary permits and registrations to have retail stores. We will be open 7 days a week, store hours are as follows; Mon.-Sat. 10am-9pm and Sun. 11 am-8pm At “The Green Room” retail stores, our main goal is to provide 5-star customer service and education about our products and what they are best for. Our products help with pain management, anxiety, insomnia, arthritis, and much more, for those who are seeking a more holistic approach to medicine. We focus on CBG, CBN, CBD and CBDA products; such as topicals, edibles, bath bombs, tinctures and vapes. The Green Room stores are strictly retail only, there will be no processing, manufacturing or distributing from The Colony location what so ever. No changes will be done on the outside of the building except for signage. No major construction or remodeling changes will be done to the interior. The space is great as is and we will only be painting white. Then we will only add display cases and some wall shelving only to the space. We have a very clean aesthetic look and feel. We have a nice bright white and modern appeal, that’s inviting to potential customers. We value the community and take pride in serving local and visiting customers. We have already made a positive impact to our surrounding communities where our retail stores are currently located. This retail store fits in the urban corridor found in an retail district. The local market is seeking a quality retail store with quality USA made CBD, hemp derived products. This SC will be a One- Stop Shop for the surrounding community. We attend farmers markets, conventions and from time to time, I myself am invited to speak at such events to bring awareness and enlighten those about hemp derived products. We take pride in our work and helping others seek a more natural approach to healing. Taxable Value for space, with display cases and shelving and inventory we estimate anywhere from $5,000 or under for this location. Minimum employees are 3 for this location, we intend to hire local citizens. 166 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2022 - ________ SPECIFIC USE PERMIT (SUP) – THE GREEN ROOM. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SPECIFIC USE PERMIT (SUP) TO ALLOW A HEALTH AND WELLNESS STORE, KNOWN AS THE GREEN ROOM TO BE LOCATED AT 6805 MAIN STREET SUITE 120, THE COLONY, TEXAS, CONTAINING A TOTAL AREA OF APPROXIMATELY 720 SQUARE FEET, AND IS WITHIN THE SHOPPING CENTER (SC) ZONING DISTRICT AND THE GATEWAY OVERLAY DISTRICT; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given any requisite notices by publication and otherwise, and have held due public hearings, and afforded a full and fair hearing to all property owners generally, and to all persons interested, and is of the opinion and finds that Specific Use Permit No. SUP22-0003 should be approved to allow a health and wellness store, known as The Green Room, to be located at 6805 Main Street, Suite 120, The Colony, Texas 75056, and is within the Shopping Center (SC) Zoning District and the Gateway Overlay District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the City Council of the City of The Colony, Texas, does hereby approve the Specific Use Permit to allow a Health and Wellness Store for The Green Room, located at 6805 Main Street, Suite 120, The Colony, Texas 75056, and is within the Shopping Center (SC) Zoning District and Gateway Overlay District. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or 167 2 uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 18TH DAY OF OCTOBER 2022. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Kim Thompson, Deputy City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 168 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: October 18, 2022 Submitted by: Isaac Williams Submitting Department: Engineering Item Type: Ordinance Agenda Section: Subject: Discuss and consider an ordinance regarding the Site Plan application of “Tribute Lakeside Park and Marina,” an approximately 25 acre park and marina. The subject site zoned Agricultural (A) and is located on Lake Lewisville and west of the intersection of Castlebridge and Bridge Lane within The Tribute Community. (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendations. Attachments: Staff Report Tribute Park and Marina FINAL.pdf Ordinance Exhibits.pdf Ord. 2022-XXXX The Tribute Park and Marina.doc 169 1 CITY COUNCIL REPORT AGENDA DATE: October 18, 2022 DEPARTMENT: Planning Department SUBJECT: SP20-0005 – Tribute Lakeside Park and Marina– Site Plan Discuss and consider the Site Plan application of “Tribute Lakeside Park and Marina,” an approximately 25 acre park and marina. The subject site zoned Agricultural (A) and is located on Lake Lewisville and west of the intersection of Castlebridge and Bridge Lane within The Tribute Community. OWNER/APPLICANT Owner: United States Army Corp of Engineers The Colony, TX City of The Colony Applicant: Kristian Teleki, PEng, MBA Dallas, TX Wynnewood Army, LLC EXISTING CONDITION OF PROPERTY The subject site is currently undeveloped and the site is contiguous with the larger “Golf Clubs at The Tribute” to the south and the Lakeside Pool facilities to the north. ADJACENT ZONING AND LAND USE North - Planned Development PD 23 South - Agricultural (A) - Golf Course East - Planned Development 18- Undeveloped West - Lake Lewisville PROPOSED DEVELOPMENT The applicant proposes the development of an approximately 11 acre park and 801 slip marina (15 acres). The park will provide a number of amenit ies to the local neighborhood and support the regional marina amenity that will be constructed adjacent to the park. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the Site Plan meets the requirements of The Colony Code of Ordinances, Appendix A, Zoning Ordinance and other app licable ordinances as outlined in the Staff Report and recommends approval. PRIOR ACTION On September 27, 2022 the Planning and Zoning Commission voted to approve the request (5-0), regarding the Site Plan application of “Tribute Lakeside Park and Marina,” an approximately 25 acre park and marina. 170 2 ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Site Plan Exhibits 4. Applicant Narrative ATTACHMENT 1 Staff Analysis LAND USE ANALYSIS The subject site is comprised of “uplands” and “floating” components. The approximately eleven (11) acre park (uplands) is located on land, west of the intersection of Castlebridge and Bridge Lane within The Tribute Community; the approximately fifteen (15) acres of marina is located on Lake Lewisville contiguous to the park. The subject site functions as a lease/ sublease configuration between the United States Army Corps of Engineers (USACE) and The City of The Colony, and in partnership with Mathews Southwest and Suntex. The park portion is intented to be under a public classification, offering amenities to the public, however access will have conditions in accordance with the operational procedures established by the Corps, the City and the marina operators. Onsite features will include 467 paved parking spaces (358 vehicle and 109 golf cart), unpaved special event parking, (by separate permit, as needed up to 167 spaces), sand volleyball court, horseshoes, bocce ball court, ping pong tables and picnic tables. The park will provide a stage (with electric) and multi-purpose lawn, and special event area. The site will also provide a restroom building and have capacity for a future building intended for support services such as restaurant or multipurpose area. The park will offer connection to concrete trails and two concrete access walkways to the marina gangways. The applicant’s narrative indicates the Tribute Marina will consist of an 801 -slip marina that is open to the public (in two phases: first phase contains 399 slips). Boat owners can store their vessel (of up to 80’), in an individual slip on an annual basis with other amenities to include a marina store, deli with covered patio, boat club and boat rentals, fuel dock, public and private restrooms, private showers, waste pump-out stations.. The Tribute Marina will offer twenty-two (22) boat slips dedicated to an on-site boat broker. The application reflects the following standards regarding operations: • Technology: Tribute Marina utilizes state-of-the-art marina software to support operations. This technology allows the marina team to operate effectively and respond quickly to customer needs featuring various payment options, electronic renewal of annual leases, on -line bill pay and more. • Maintenance: Routine dock maintenance will be a pr iority, including monitoring and, if necessary, adding necessary docking materials specific to protecting the Tribute Marina docks and customers vessels. Docks will be kept clean and free of debris. The “winch and cable” anchoring system requires the maintenance team to monitor the water depth and adjust anchor cables accordingly. 171 3 • Safety Training & Records: Tribute Marina management team will manage and store the following records: safety data sheets, first aid, firefighting, spill containment and hazar dous materials handling. The Suntex safety training programs support facilities in complying with relevant regulations in the recreational marina business environment. All Suntex employees are trained to act in a safe manner ensuring all team members under stand environmental, health and safety (EHS) standards, complying with all local and federal agency standards. • Fueling Operations: At Tribute Marina, fueling boats will be an essential service to all boaters. Suntex operates all fueling service aspects of fuel station design, delivery, and dispensing insuring that the facility complies with safety, fire, and environmental laws. The 12’ x 168’ fueling platform featuring ValvTect Fuel will be manned by a well training team of Tribute Marina dockhands, raising the level of professionalism and customer service on Lake Lewisville. Dockhands will assist boaters to safely “dock” vessels and direct customers to restrooms, store, deli, etc. • Solid & Liquid Waste: Suntex utilizes strict guidelines when evaluati ng, managing, and instituting best management practices related to solid and liquid waste generated in marinas including trash from the marina office, restaurant and retail store and the boats themselves. Adhering to Tribute Marina SOP’s for recycling, trash removal, proper use of cleaning supplies and all waste removal activities will allow our team to maintain a pristine facility. As part of the approval process by the Army Corps of Engineers (USACE), an environmental assessment and finding of no signifi cant impact was conducted. • Spill Prevention Control and Countermeasures (SPCC) Training: Training all appropriate staff in the implementation of the Tribute spill prevention control and countermeasures plan (SPCC) for all areas of the marina property will be an important part of the on-boarding and annual training classes. • Events: Private Tribute Marina member events and community fundraising events will be held annually. Folds of Honor is their chosen charity. • Noise Pollution: The Tribute Marina noise pollution will be minimal as the facility is surrounded by Lake Lewisville,Tribute Golf Course and undeveloped land. Only a small portion of the site shares a boundary with homeowners. • Noise Pollution: Public Nuisances (Noise): The Marina team will ensure that all customers of The Tribute and their guests adhere to rigid “Rules and Regulations” that matches/includes The City of The Colony Public Nuisance Ordinance. This regulation is included in the lease agreement for every customer that is storing a vessel at The Tribute Marina. Marina teams will also assign nighttime security as needed. • Vendor & Contractor Management: Tribute Marina teams will manage vendors and contractors seeking to conduct business on the Tribute Marina property. To keep Tribute Marina operating in a safe, clean, and professional manner, specific standards will apply to all contractors working at Tribute Marina such as service repair companies, vendors, boat dealers & brokers and marine surveyors. 172 4 • Public Access: 100% of slips located a Tribute Marina will be made available to the public on a first-come, first served basis, giving high priority service to Tribute Homeowners. Customers may “dock” their vessel in one of the 801 slips for a minimum of 12 months. Transien t dockage is available if occupancy permits. Public access will not be provided in the form of a “launch” ramp or “dry stack” storage in which boats will be launched in or out of the water by trailer/ramp or forklift/equipment. Customers arriving to lease a slip must launch their boat at another ramp on Lake Lewisville and arrive by water. Parking lot signage will notify customers that boat/trailers will not be allowed. • Texas Clean Marina Program Compliance: The design of the marina facilities will in corporate strategies to achieve TEXAS' Clean Marina Program designation. The operational staff at The Tribute Marina will monitor the activities of boaters in and around the boat basin, and provide clear expectations in terms of safe boat handling and boat er requirements necessary to comply with Texas Clean Marina status, such as boat maintenance procedures, no dumping requirements, etc. • Emergency Preparedness: The Tribute Marina team will operate according to SOP’s designed to respond to all types of e mergencies. Emergency response training will include American Red Cross CPR and first aid training. All employees will be trained to handle types of emergencies i.e., when to: dial 911, contact manager, location of equipment, etc. practice drills will be performed as needed. Emergencies will be handled in accordance with The city of The Colony Safety, Fire and Police Departments best management practices. o Erosion: The installation materials deemed adequate along the shoreline of the marina will mitigate the potential unfavorable erosion of the shoreline, per recommendations of Meeco Sullivan Docks and Edgewater Resources. (Information referenced inthe Wave Study and Erosion Control report from Edgewater Resources dated 2/23/22.) o Flood or Water Damage : All docks and building structures are floating which negates the possibility of flooding. If the water level in Lake Lewisville exceeds 537’, the fixed entrance walkway could potentially flood, and alternate measures will be taken to discontinue traffic on the walkways. Emergency transportation to and from docks and marina building will be handled by Tribute Marina Management on a case -by-case basis. o Fire: Dry standpipe fire suppression systems, consistent with The City of The Colony Fire ordinance are installed on all docks in the event of a fire. Marina teams will be trained to handled these emergencies. o Spillage: Fuel spillage on land from the above ground fuel tank, cleaning material spillage, fuel or oil spillage into Lake Lewisville will be c ontrolled in a manner consistent with federal regulations. o Odor: Waste pump-out equipment will be positioned throughout the marina. All efforts will be taken to ensure that sewage smells are curtailed. Main sewage lift stations and pumps are located strategically to meet this goal. 173 5 o Storm Preparedness: Monitoring the local and national weather channels, training and preparing for storm activity will be a top priority. • Parking Lot Management: A structured parking lot management plan will be built a nd exercised daily utilizing security monitoring systems as needed. No boat trailers will be allowed to park in automobile parking lot. Extra staffing will be available for heavy traffic days and events. Signage will be clearly displayed. Site Plan The site plan reflects the development of the park as predominately parking field with areas of open space to accommodate the active and passive park activities. The park will house the onsite parking and parking for the marina as a single element. The demand is calculated with the park, marina and associated [future] uses in mind. The proposed park provides 467 parking spaces. The applicant indicates sixty (60) paved parking spaces (30 vehicle and 30 golf cart spaces) are being provided for the park. All of these spaces will be constructed in Phase 1 of the development. 140 parking spaces are being accommodated for a future building [utilizing the highest demand - restaurant], and the remaining paved spaces will be to accommodate the marina parking. The marina parking was determined using a ratio of 1 (paved parking space): 3 (wet slips). Internal gates will restrict access and will allow for internal stacking that should have minimal impact on the adjacent street (Bridge Lane). The site plan reflects an intent to provide site access from Bridge Lane and through a cross access from the north. The proposed site plan reflects sidewalk connections and golf cart parking to encourage multi -modal transport to the site; dependence on any one mode of transport should be minimal and offer additional travel options to visit the site. The site will not offer any boat launch capabilities . The site plan reflects a 245’ floating walkway that provides access to a 4,900 sq ft. marina building which houses marina, boat club, renta l, brokerage offices and retail. There is no boat storage intended for the building. Additional buildings will house the bat hroom facilities. Elevation Plan The elevation plan reflects that the primary marina building will have a modest profile aesthetic typical of marina buildings with no boat storage. The plan reflects a design contain ing varied roof heights and pitches, and façade projections. The bathroom facilities offer varied roof heights and pitches to match the primary building aesthetic. Landscape Plan All of the landscape will be provided on the “uplands” portion of the development. The landscape plan reflects the intent to utilize much of the existing canopy to provide screening and buffering along the perimeter. Internally the parking area re flects the placement of large canopy trees within the parking field that is consistent with the City’s landscape ordinance and the require ments of Corps land. The site features landscape along the entryway, within parking rows, and areas of respite for guest. Infrastructure Improvements No specific public infrastructure improvements are planned for this area. 174 6 DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the Site Plan meets the requirements of The Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined in the Staff Report and recommends approval. 175 Castlebridge Westgate Bridge Ln BridgeLnWestgate WatersideFairway Southfield LinksCastlebridgeBellevue Be ach ClubRestrooms This ma p was genera ted by GIS d ata provided by Th e Colony GIS Departmen t. The City of T he Colony does not guar antee th e co rrectness oraccuracy of any fea tures o n this map. These digital products are for llustration purpose s only a nd are no t suitable for site -specific decision making. /Project No. SUP20-0003 - Project Name: Tribute Park and Marina Subject Area Subject Area Agricultu ral Business Park Business Park/I ndustrial Duplex Dwelling Gene ral Retail Heavy Comm ercial Industrial Light Commercial Mobile Hom e Neighb orh ood Service Office District 1 Planned Development Shopping Center Single Family Dwel ling Townhome 176 PHASE 1PHASE 1PHASE 1PHASE 1P H A S E 1 PHASE 1PHASE 1PHASE 1 PHASE 1 P H A S E 1 P H A S E 1 PHASE 1PHASE 1PHASE 1PHASE 1PHASE 1PHASE 1 PHASE 1 PHASE 1 PHASE 1 PHASE 1 PHASE 1PHASE 1 PHASE 1 PHASE 1 PHA S E 1 PHASE 1 PHASE 1PHASE 1PHASE 2 PKGPHASE 2 PKGPHASE 2 PKGPHASE 2 PKGPHASE 2 PKGPHASE 2 PKGPROJECT LOCATION 177 (535)(525)(535)(530)(525)(540)PR O P E R T Y L I N E PROPERTY LINEPROPERTY LINE LIMIT OF WORKLIM I T O F W O R K LIMIT OF WORK PROPERTY LINE LIMIT OF WORKPROPERTY LINELIMIT OF WORKPROPERTY LINELIMIT OF WORKPR O P E R T Y L I N E LIM I T O F W O R K STREET YARD SETBACK STREET YARD SETBACK BOAT SALES (530)(525)539538540541540539FF 542FF 542.5(53 7 ) 542 543 544 545 545544543542541538.5(535)(525)(530)(525)(535)(530)(525)(54 0 ) 542542542 541HP543543 543546 546548541541541541 540 539 538 537 536 54053953853753654 1 54 0 53 9 547547 539544539538540541540539FF 542FF 542.5(53 7 ) 542 543 544 545 545544543542541538.5(535)(525)(530)(525)(535)(530)(525)(54 0 ) 542542542 541HP543543 543546 546548541541541541 540 539 538 537 536 54053953853753654 1 54 0 53 9 547547 539544L4.1.1PLANTING PLAN2001 Irving BoulevardSuite 157Dallas, Texas75207-6603United Stateswww.swagroup.com+1.214.954.0016 oTRIBUTE PARTNERS, L.P.320 W. MAIN STREETLEWISVILLE, TEXAS 75057WYNNEWOODPARKTHE COLONY, TEXASBUCHANAN ARCHITECTUREARCHITECTURE3835 SAN JACINTO #1DALLAS, TX 75204214.363.5626SIMS ENGINEERINGMECHANICAL, ELECTRICAL, & PLUMBING11700 PRESTON RD.SUITE 660 #194DALLAS,TX 75230214.295.9571STANTECSTRUCTURAL ENGINEERING12222 MERIT DR.SUITE 400DALLAS,TX 75251979.991.0011IRRI-TECHIRRIGATION12650 SCHROEDER RD.DALLAS, TX 75243972.231.5151JBI PARTNERS, INCSURVEYOR/ENGINEER2121 MIDWAY RD, SUITE 300CARROLLTON, TX 75006972.248.7676StampNOT FOR CONSTRUCTION© 2015 SWADate03-30-2022PhaseCITY SUBMITTALSJob NumberMSTS901ScaleNorthDrawing TitleDrawing Number12345678910RevisionsConsultantLandscape ArchitectClient.HIDAR MSTE H CCTTES A C ETSTAIREG 6OF93ETX ARLDR E CAANDSSEPAESL cNIEL05/04/202200025501" = 50'178 Project: The Tribute Marina Date: May 15, 2019 Modified: November 16, 2020 Modified: Modified: Prepared For: The Tribute Marina Site Plan Original Submission: May 15, 2019 Revised Submission: November 16, 2020 2nd Revised Submission: July 21, 2021 3rd Revised Submission: March 31, 2022 Prepared by: Ron Ten Eyck Partner, Investments NE & SW Regions Suntex Marinas Ron Ten Eyck (201)575-1087 rteneyck@suntex.com Suntex Marina Investors, LLC 17330 Preston Rd. Suite 220 A Dallas, TX 75252 (972)789-1400 Modified: July 21, 2021 Page 1 of 36 179 Project: The Tribute Marina Date: May 15, 2019 Modified: November 16, 2020 Modified: Modified: Modified: Prepared For: S i t e P l a n I n t r o d u c t i o n N a r r a t i v e We are pleased to provide this document as the updated submission of the site plan for the Tribute Marina on Lake Lewisville. The original plan for the Tribute Marina and Wynnewood Park was submitted on May 15, 2019. Since that time, we have provided required reports and studies based on recommendations from the City of the Colony and the U. S. Army Corp of Engineers and spent many hours collaborating with our team members to make necessary changes to improve the plan. The Tribute Marina Development Team feels confident, more than ever, that this facility will not only meet, but exceed expectations of developing an innovative mixed-use marina on Lake Lewisville. With over one hundred (100) years of combined marina industry experience, and our strengths in financing, development, operations and management, our team is uniquely qualified to develop The Colony/USACE property into a world class marina. Owning over 40+ marina properties allows us to leverage our ownership and management platforms to provide leadership within the marina sector. Acquiring and developing institutional quality marinas gives them the ability to enhance the customer experience. Our team enjoys a flourishing reputation in the marina industry for its commitment to superior customer service, experienced marina managers and staff, conscious contributions to marina communities and expansive enthusiasm for creating memorable experiences on the water. The purpose of this document is to submit the information required for the Site Plan Application. This narrative highlights the rationale for the request, provides a summary of the marina plans and introduces Suntex Marinas (“Suntex”) as the marina developer. The Tribute Marina will consist of an 801-slip marina that is open to the public. Boat owners can store their vessel of up to 80’ in an individual slip on an annual basis with other amenities to include a marina store, deli with covered patio, boat club and boat rentals, fuel dock, public and private restrooms, private showers, waste pump-out stations and more. Lake Lewisville boaters will now have a state-of-the-art marina facility available at competitive market rates. If a patron is in the market to purchase a boat, they may be able to find the boat of their dreams parked in one of the twenty-two (22) boat slips that will be dedicated to an on-site boat broker. Special attention will be given to Tribute homeowners that purchased their homes knowing that one-day, they would be within walking or golfcarting distance from Lake Lewisvilles premier Suntex Marina. They will not only be provided the best customer service on Lake Lewisville, but, they will also be given special benefits. To begin with, homeowners will be kept abreast of construction timelines and milestones met. A management plan will be developed to specify the usage of the park and parking lot for homeowners. Slip leasing will be opened up to Tribute Homeowners before it is opened up to the general public. Most importantly, the needs of Tribute homeowners will always be at the top of the list when planning special HOA events, stocking the marina store, training marina staff and fine tuning safety plan. Thank you, once again, for allowing our team the opportunity to develop and operate the Tribute Marina on Lake Lewisville. We look forward to the further discussion and review of our proposal. Sincerely, Ron Ten Eyck Partner, Investments NE & SW Region Suntex Marina Investors, LLC 17330 Preston Rd. Suite 220 A Dallas, TX 75252 (972)789-1400 Ron Ten Eyck (201)575-1087 rteneyck@suntex.com July 21, 2021 Page 2 of 36 180 Project: The Tribute Marina Date: May 15, 2019 Modified: November 16, 2020 Modified: Modified: Modified: Prepared For: T r i b u t e M a r i n a D e v e l o p m e n t T e a m Maffett Loftis Engineering Gary Loftis, PE, DEI Owner (931)526-5432 gary@maffett-loftis.com Maffett Loftis Engineering, LLC was born in 2008 with Brian Maffett and Gary Loftis as the principal partners of the firm. The company, located in Cookeville, TN, was built to provide the Upper Cumberland area with quality engineering efforts and design. Since that time, MLE has grown to be involved in projects in multiple states spanning the southeast, northeast, and mid-west regions of the U.S. Maffett Loftis Engineering, LLC is an MPE (mechanical, plumbing, and electrical) engineering firm that works in a variety of occupancies and project types. In addition to its core trades, MLE also specializes in trades such as fire alarm, fire protection, marina design, electrical engineering studies, and more. Maffett Loftis Engineering excels at designing unique solutions to solve one of industry’s most challenging electrical installations by having exemplary engineering knowledge and experience to provide the safest and most cost effective marina electrical systems for our clients. Malone Maxwell Architects Michael Malone, FAIA Founding Principal (214) 969-5440 mmalone@mmdarchitects.com Malone Maxwell Dennehy Architects, Inc. is a full-service architectural firm based in Dallas, Texas. Since 1992 the firm has specialized in the design of commercial projects including retail and commercial interiors and corporate marketing centers. An equally important aspect of the firm's work is single-family and multifamily residential design. In recent years the firm's portfolio has expanded to include religious, educational, and co-working spaces. The award-winning practice is frequently published in professional and shelter publications and is widely respected for its emphasis on design quality. In 2013 the firm was recognized as the Architecture Firm of the Year by the Dallas Chapter of the American Institute of Architects Meeco Sullivan Docks Forrest Feiock, Division Manager (918)423-6833 ffeiock@meecosullivan.com Meeco Sullivan has a long and rich history of serving the needs of both public and private waterfront developers, marina owners, boating enthusiasts, and all who love life on the water.What began as three different companies, Atlantic-Meeco founded in 1960, Sullivan Flotation Systems in 1961, and Wahoo Docks founded in 1989, have united to focus on delivering the absolute highest quality floating dock systems. Meeco Sullivan now holds 150+ years of combined experience in the industry with three state-of-the-art manufacturing facilities and the financial commitment and resources of our parent company, Tuckahoe Holdings. (201)575-1087 (803)422-7224 rteneyck@suntex.com twright@suntex.com Suntex Marina Investors, LLC 17330 Preston Rd. Suite 220 A Dallas, TX 75252 (972)789-1400 Ron Ten Eyck (201)575-1087 rteneyck@suntex.com July 21, 2021 Joshua Warren, Pattern Solutions Consultant, Construction Design (214)770-4564 josh@patternsolutions.us Ron Ten Eyck, Suntex Investments Partner, NE & SW Tammy Wright, Suntex Investments Director Page 3 of 36 181 MARINA OPERATIONS SUMMARY Suntex Marinas brings more than a century of combined experience and leadership to all properties where it is involved, always delivering a superior experience on the water for our guests. Suntex takes great pride in delivering the mission and “Making It Happen” and to accomplish that goal, all Suntex Marinas function under established operating guidelines in all departments. Suntex Marina Teams working together and supported by home office professional operations resources will establish and maintain a reputation for high quality service, sincerity, and ethical conduct, all of which will make the Tribute Marina a great success. Suntex Marinas pride themselves in providing the best employee training in the marina industry and maintain a high standard of Best Management Practices (BPM) or Standard Operating Procedures (SOP). •Tribute Marina Team: The marina team will be led by a marina industry seasoned professional that is experienced in all phases of marina management. An experienced team of second level managers will ensure that all ship’s store, dock and maintenance staff adhere to Tribute Standard Operating Procedures (SOP), keeping the marina safe and clean while providing customers and guests with the best boating experience possible. Marina team will consist of a minimum of eight (8) full time permanent employees and eight (8) additional seasonal part-time employees.o Management Team members: This team will consist of a minimum of one (1) General Manager, one (1) Office Manager, one (1) Maintenance Manager, one (1) Ship’s Store Manager, and one (1) Dockhand Supervisor.o Seasonal Part-Time/Full-Time Operational Team members: This crew will consist of a minimum of two (2)Ship’s Store Clerk’s, three (3) Maintenance Crew members, six (6) Dockhands.•Comprehensive Training Program: Suntex customizes training to each marina project with all site training conducted by Suntex senior staff. Training curriculum is accompanied by SOP reference manuals in each discipline. Every employee of the Suntex organization deployed at Tribute Marina will become certified in all operational areas needed to successfully perform their duties.•Technology: Tribute Marina utilizes state-of-the-art marina software to support operations. This technology allows the marina team to operate effectively and respond quickly to customer needs featuring various payment options, electronic renewal of annual leases, on-line bill pay and more.•Maintenance: Routine dock maintenance will be a priority, including monitoring and, if necessary, adding necessary docking materials specific to protecting the Tribute Marina docks and customers vessels. Docks will be kept clean and free of debris. The “winch and cable” anchoring system requires the maintenance team to monitor the water depth and adjust anchor cables accordingly.•Safety Training & Records: Tribute Marina management team will manage and store the following records: safety data sheets, first aid, firefighting, spill containment and hazardous materials handling. The Suntex safety training programs support facilities in complying with relevant regulations in the recreational marina business environment. All Suntex employees are trained to act in a safe manner ensuring all team members understand environmental, health and safety (EHS) standards, complying with all local and federal agency standards.•Fueling Operations: At Tribute Marina, fueling boats will be an essential service to all boaters. Suntex operates all fueling service aspects of fuel station design, delivery, and dispensing insuring that the facility complies with safety, fire, and environmental laws. The 12’ x 168’ fueling platform featuring ValvTect Fuel will be manned by a well training team of Tribute Marina dockhands, raising the level of professionalism and customer service on Lake Lewisville. Dockhands will assist boaters to safely “dock” vessels and direct customers to restrooms, store, deli, etc.•Solid & Liquid Waste: Suntex utilizes strict guidelines when evaluating, managing, and instituting best management practices related to solid and liquid waste generated in marinas including trash from the marina office, restaurant and retail store and the boats themselves. Adhering to Tribute Marina SOPs for recycling, trash removal, proper use of cleaning supplies and all waste removal activities will allow our team to maintain a pristine facility. Tribute Marina Management Standard Operating Plan Page 4 of 36 182 •Spill Prevention Control and Countermeasures (SPCC) Training: Training all appropriate staff in the implementation of the Tribute spill prevention control and countermeasures plan (SPCC) for all areas of the marina property will be an important part of our on-boarding and annual training classes.•Events: Private Tribute Marina member events and community fundraising events will be held annually. Folds of Honor is our chosen charity.•Noise Pollution: The Tribute Marina noise pollution will be minimal as the facility is surrounded by Lake Lewisville,Tribute Golf Course and undeveloped land. Only a small portion of the site shares a boundary with homeowners.•Noise Pollution: Public Nuisances (Noise): The Marina Team will ensure that all customers of The Tribute and their guests adhere to rigid “Rules and Regulations” that matches/includes the City of The Colony Public Nuisance Ordinance. This regulation is included in the lease agreement for every customer that is storing a vessel at The Tribute Marina. Marina teams will also assign nighttime security as needed•Vendor & Contractor Management: Tribute Marina teams will manage vendors and contractors seeking to conduct business on the Tribute Marina property. To keep Tribute Marina operating in a safe, clean, and professional manner, specific standards will apply to all contractors working at Tribute Marina such as service repair companies, vendors, boat dealers & brokers and marine surveyors.•Public Access: 100% of slips located a Tribute Marina will be made available to the public on a first-come, first-served basis, giving high priority service to Tribute Homeowners. Customers may “dock” their vessel in one of the 801 slips for a minimum of 12 months. Transient dockage is available if occupancy permits. Public access will not be provided in the form of a “launch” ramp or “dry stack” storage in which boats will be launched in or out of the water by trailer/ramp or forklift/equipment. Customers arriving to lease a slip must launch their boat at another ramp on Lake Lewisville and arrive by water. Parking lot signage will notify customers that boat/trailers will not be allowed.•Texas Clean Marina Program Compliance: The design of the marina facilities will incorporate strategies to achieve TEXAS' Clean Marina Program designation. The operational staff at The Tribute Marina will monitor the activities of boaters in and around the boat basin, and provide clear expectations in terms of safe boat handling and boater requirements necessary to comply with Texas Clean Marina status, such as boat maintenance procedures, no dumping requirements, etc.•Emergency Preparedness: The Tribute Marina team will operate according to SOP’s designed to respond to all types of emergencies. Emergency response training will include American Red Cross CPR and first aid training. All employees will be trained to handle types of emergencies i.e., when to: dial 911, contact manager, location of equipment, etc. practice drills will be performed as needed. Emergencies will be handled in accordance with the City of The Colony Safety, Fire and Police Departments best management practices.o Erosion: The installation materials deemed adequate along the shoreline of the marina will mitigate the potential unfavorable erosion of the shoreline, per recommendations of Meeco Sullivan Docks and Edgewater Resources. Refer to the Wave Study and Erosion Control report from Edgewater Resources dated 2/23/22.o Flood or water damage: All docks and building structures are floating which negates the possibility of flooding. If the water level in Lake Lewisville exceeds 537’, the fixed entrance walkway could potentially flood, and alternate measures will be taken to discontinue traffic on the walkways. Emergency transportation to and from docks and marina building will be handled by Tribute Marina Management on a case-by-case basis.o Fire: Dry standpipe fire suppression systems, consistent with The City of The Colony Fire ordinance are installed on all docks in the event of a fire. Marina teams will be trained to handles these emergencies.o Spillage: Fuel spillage on land from the above ground fuel tank, cleaning material spillage, fuel or oil spillage into Lake Lewisville will be controlled in a manner consistent with federal regulations.o Odor: Waste pump-out equipment will be positioned throughout the marina. All efforts will be taken to ensure that sewage smells are curtailed. Main sewage lift stations and pumps are located strategically to meet this goaloStorm Preparedness: Monitoring the local and national weather channels, training and preparing for storm activity will be a top priority.•Parking Lot Management: A structured parking lot management plan will be built and exercised daily utilizing security monitoring systems as needed. No boat trailers will be allowed to park in automobile parking lot. Extra staffing will be available for heavy traffic days and events. Signage will be clearly displayed.•Stewardship: Exceptional stewardship of assets and the environment are critical to the success of the future of boating. We pride ourselves on participating in clean marina programs, making available all products and services that support that initiative and continuously investing into asset improvement.•Developing Community: Suntex provides our guests and the community with the highest level of customer service. We do this by recruiting, mentoring, training, and empowering the best team members and integrating with the local community. Tribute Marina will be participating in community events, fundraisers and supporting local businesses. Page 5 of 36 183 TRIBUTE MARINA SERVICES & AMENITIES Tribute Marina will have two entrances to the 801 dock slips. The main entrance is central to the entire footprint and has a 245’ floating walkway that provides access to a 4,900 sq ft. marina building which houses marina, boat club, rental, and brokerage offices. The marina buildings eastern facing main entrance features a retail section of the building with vaulted ceilings with a high roofline, boasting a wide variety of boating merchandise, apparel, and gift items. A deli serving fresh breads, Boar’s Head meat, beer, wine, and outside covered seating will provide healthy eating choices and a friendly atmosphere. Guests of Tribute Marina will enjoy the public access to professional service and amenities allowing them to enjoy a safe, fun, and carefree boating lifestyle. Seasonal, monthly and transient dockage courtesy docks for vessels up to 80’ feet which will be made available to the public •Deepwater slips equipped with State-of-the-art concrete floating docks with no height limit•Shore Power – Domestic Water available at all slips; Wi-fi, High-speed Wi-Fi connectivity•Fuel – Fully Staffed Fueling Operations•Sanitary pump-out stations located at convenient locations for in-slip waste removal•HydroLifts available for V-Hull, Pontoon, Tri-toon and PWC’s, for purchase and rent•Dock boxes available for individual storage•Private Rest Rooms & Showers•Floating Marina BuildingoOperational OfficesoBoat Brokerage OfficeoDeli with outside seating available under covered dock or at picnic tables in parkoMarina Retail Store with boating supplies\, gifts, water safety items oBoat Club and Rental Boat Offices•Two Gated Dock Entrances with Surveillance Cameras•Personal patios built to order by our trained professionals•Uncovered slips to accommodate up to 40’ sailboats Thank you for providing our Suntex team the opportunity to develop and operate the Tribute Marina on Lake Lewisville. We are uniquely qualified to develop The Colony property into a world class Marina with our strengths in financing, development, operations, and management. Our team will not only meet but will exceed the city’s goals to expand this site and transition the facility to become an innovative mixed-use marina development that will benefit the city of The Colony and Dallas. Suntex Marinas engages in the ownership and management of marina properties. The executive team has over 100 years combined experience investing in and managing marinas. Owning over 40+ marina properties allows us to leverage our ownership and management platforms to provide leadership within the marina sector, acquiring institutional quality marinas gives them the ability to enhance the customer experience. Our team enjoys a flourishing reputation in the marina industry for its commitment to superior customer service, experienced marina managers and staff, conscious contributions to marina communities and expansive enthusiasm for creating memorable experiences on the water. BUSINESS HOURS Spring & Fall hours (October 1st - March 31st) Mon. - Thursday 9 a.m.- 5 p.m. Fri. - Sunday 8 a.m. - 5 p.m. In-Season Hours (April 1st – September 31st) Mon. - Thursday 9 a.m.- 9 p.m. Fri. - Sunday 8 a.m. – 9 p.m. Hours are subject to vary based on weather conditions or customer needs We believe in Family Time. Tribute Marina will be closed for Thanksgiving, Christmas and New Year's Day with limited staff available the last two weeks of December Tribute Marina Management Standard Operating Plan Page 6 of 36 184 MARINA CONSTRUCTION PROCESS STANDARD OPERATING PROCEDURES Water Quality: During the installation of The Tribute marina, Meeco Sullivan and its subcontractors will utilize various equipment to get dock sections into the water and to set the concrete anchor blocks. The equipment that will encounter the water will include a barge with an outboard motor to move material and crew around the site to install sections of each dock and to make all bolted connections. A more specialized barge will be used to set the anchor blocks via a winch to lower each anchor block into the location required by the anchor plan. Generally, these anchors are lowered vertically from just below the surface of the water to rest on the lake bottom. There will be minimal disruption to the lake bottom in the setting of the anchor blocks, and there will be no other disruption to the lake bottom from the installation of the entire marina. It is possible that we will need to put a reach lift or other piece of equipment on a barge to position dock sections, but that is not the current plan. There is no plan to have any other equipment on the lake or in contact with the lake that could adversely impact water quality. Air Quality: During the installation of The Tribute marina, Meeco Sullivan and its subcontractors will utilize various equipment on land to unload trucks and prepare dock sections to be placed into the water. For most installations, this equipment is limited to a reach lift to unload trucks and get units into the water. Due to very limited access to the shore at the site of The Tribute, we will utilize a rail system to move the dock units from the higher ground, down the slope and into the water. It is possible that we will need to put a reach lift or other piece of equipment on a barge to position dock sections, but that is not the current plan. We will also be using barges on the lake that are powered by outboard motors. Other than the diesel-powered reach lift and the gasoline-powered outboard motors on the barges, there is no other piece of equipment or activity that is expected to have an adverse impact on air quality. Aquatic Resources/Vessel Traffic Protection: While there will be increased boat traffic on the lake because of this new marina, the fact that the marina includes a wave attenuator dock that is built around three (3) sides of the marina will significantly reduce the wave action that reaches the shore in “the shadow” of the marina – based on wind direction. Any wave action from the lake will be very significantly mitigated by the attenuator dock sections and then further mitigated by the docks inside of the attenuator docks and by the main walkway that will connect all the docks. Wetlands: Other than the concrete bulkheads to which the two (2) gangways will be attached, the floating marina has no requirement for anything to be installed on the shore. The anchor plan includes a total of 318 anchor blocks, and each anchor block has a volume no greater than 3.0 cubic yards. These anchor blocks will be set on the lake bottom with stainless steel cable run to a winch for each anchor block that are mounted on the floating dock. Tribute Marina Management Standard Operating Plan Page 7 of 36 185 February 23, 2022 Mr. Ron TenEyck Las Olas SMI, LLC 17330 Preston Road, Suite 220A Dallas, TX 75252 Via email: rteneyck@suntex.com Re: Proposed Tribute Marina Erosion Impacts at Lake Lewisville Texas Dear, Mr. TenEyck: This letter is intended to update our previous engineering report and supplemental letter dated November 11, 2020 regarding the above-referenced project as follows: I. BBathymetricc Survey/Existingg Conditions Enclosed herewith is a completed bathymetric survey exhibit showing the area within and surrounding the proposed marina project. The four corners of the marina would be in water depths of 9’ to 25’ feet along the shoreline at average low water elevation (which is 515’), and 54’ to 56’ feet at the outside of the basin during high water times. Please refer to Figure 1 and Table 1 which shows the marina limits and water depths at both high and low water. Note that the southeast corner of the proposed marina has been revised to avoid previous concerns for the structures during low water. Boaters should be notified of shallow water depths around this area during times of low water for safe navigation in and out of this area of the marina. Page 8 of 36 186 2 FIGURE 1. Proposed Marina Limits Table 1. Water Depth at Marina Corners TABLE 1 ID WATER DEPTH AT MARINA CORNERS (FT) AVG HIGH WATER (532’) AVG LOW WATER (515’) N 54’37’ E 42’25’ S 26’9’ W 56’39’ The survey also identifies the landward edge of the site, top of bluff, and eroded areas. Sheet One (1) of the attached survey exhibit (attachment 1) shows existing conditions, while Sheet Two (2) shows the proposed marina overlaid onto the bathymetric survey. We will also provide, under separate cover, a drone flight with high-resolution imagery of the area where the marina is to be considered and surrounding areas. N E W S Page 9 of 36 187 3 II. EE xistingg Conditionss andd Proposedd Marinaa Impactss o nn Erosionn We previously prepared our August 5, 2016 report with a supplemental update letter to address erosion concerns of possible impacts of the marina to the shoreline. The shoreline reach has been divided into Zones A, B, C, & D for discussion purposes. See Figure 2 identifying these zones. Please refer to the attached survey sheets 3 & 4 for an exhibit highlighting the existing shoreline conditions with supplemental photos from 2016, 2020, and 2022. Photo 1 below shows an oblique aerial image from our February 2022 site visit. FIGURE 2. Zones A, B, C, D PHOTO 1. Project Site Oblique Aerial - February 2022 Page 10 of 36 188 4 Area North of Marina – Zone A The August 5, 2016 report identifies erosion concerns to the north that have been recently addressed through the construction of a substantial gabion structure which is designed to accommodate major storm conditions to protect those homes. It is our opinion that construction of the marina will not negatively affect these wave conditions to those structures further to the north. Please see photos 2, 3, and 4 that show the change in condition pre, during, and post gabion construction. Upon completion of the gabion structure, it was found that waves and high water had begun to flank the gabion end. Protective riprap was added as shown in photo 5. PHOTO 2. Zone A - 2016 PHOTO 3. Zone A – 2020 On-going Gabion Construction Page 11 of 36 189 5 PHOTO 4. Zone A – 2022 Existing Gabion PHOTO 5. Zone A – 2022 Riprap at South End of Gabion Page 12 of 36 190 6 Area North of Marina – Zone B The shoreline reach just north of the proposed marina has a natural cove where a stone revetment is proposed as part of future developments to this commercial property. Moderate erosion has impacted this zone in the past. This zone is immediately adjacent to the completed gabion structure. Since our report update on November 11, 2020, site visits and high-resolution drone imagery has shown recession of this area. See Figure 3 taken from Attachment 2 Sheet 6. Prior to the construction of the marina, we recommend an updated survey to identify and impact to underwater topography. To prevent flanking of the gabions, and to protect future upland structures, a stone revetment is proposed to stabilize this area as shown in Attachment 3 Sheet 7. We feel that the proposed marina will have minimal affects to the wave conditions to the north and future revetment will be designed to withstand the wave conditions. Please see photos 5, 6, and 7 for conditions during 2019, 2020, and 2022. See photos 8 and 9 for examples of a stone revetment. PHOTO 6. Zone B - 2019 Page 13 of 36 191 7 PHOTO 7. Zone B – 2020 PHOTO 8. Zone B – 2022 Page 14 of 36 192 8 FIGURE 3. Bluff Regression (2019 black, 2020 green, 2021 pink) Attachment 2 Sheet 6 PHOTO 9. Stone Revetment Example 1 Page 15 of 36 193 9 PHOTO 10. Stone Revetment Example 2 Page 16 of 36 194 10 Area Behind Marina – Zone C A natural point projects waterward at the northern limit of the proposed marina area, which is where Zone C begins and extends for roughly 800’ south. It is understood that the Tribute Partners will extend the proposed revetment from the southern end of Zone B into Zone C for 225’ as shown in Attachment III Sheet 7. Moderate to minor erosion has been observed in this area from 2016 to 2022. The proposed marina, with a proper wave attenuation system is not anticipated to negatively affect the wave energy in this area. In fact, the marina will greatly reduce erosion/waves in this area from the west and southwest direction. However, some concentrated waves may occur in the extreme north and south corners of the marina, and this should be monitored if needed to provide some protection in the future. Additionally, the upland structures should be strategically placed upland of the all-time high-water elevation of 537’ at or upland of the 540’ elevation contour. Please refer to photos 11, 12, 13 to see conditions from 2016, 2020, and 2022. It is recommended that this zone be inspected annually to monitor erosion and shoreline conditions, along with regular and prior to construction monitoring of the changes in underwater topography. PHOTO 11. Zone C – 2016 PHOTO 12. Zone C – 2020 Page 17 of 36 195 11 PHOTO 13. Zone C – 2022 Page 18 of 36 196 12 Area Behind and South of Marina – Zone D Based upon recent observations of the area to the south and as stated in earlier reports, the south area has not historically experienced severe erosion. It has gentle slopes that historically dissipate wave energies due to the natural shoreline. Please refer to photos 14, 15, and 16 below for conditions during 2016, 2020, and 2022. Although the upland developments are not proposed in this area, it is recommended that this zone be annually inspected to monitor erosion and shoreline conditions adjacent to the golf course. Wave impacts as described in our August 5, 2016 report will have minimal affects from the marina construction. PHOTO 14. Zone D - 2016 PHOTO 15. Zone D – 2020 Page 19 of 36 197 13 PHOTO 16. Zone D – 2022 Page 20 of 36 198 14 Conclusions We do not feel that construction of the marina will negatively affect the shoreline in this area, however, construction of the marina outer breakwater should employ a baffling system to limit or reduce reflected wave energies to the maximum degree possible. As previously discussed, the area behind the marina should have little to no wave energies other than some waves that may diffract/reflect around the marina structure in the immediate north and south areas. These small influence areas could be easily addressed with low-cost stone mats or rip rap placed appropriately. You may want to also consider these stabilization measures underneath the gangway ramps so that the fixed platforms are protected from typical erosion (including surface erosion) and so that floating dock can rest on a uniform surface during times of low water. The shoreline erosion north of the marina is currently being addressed with the existing gabion structure and a future stone revetment that we recommend be built in the next 12 to 24 months. The shoreline to the south appears naturally stable. Due to the varied erosion noticed since 2020, the entire shoreline should be annually monitored as long a no impact is done and the shoreline is left in its natural state. I hope this is useful to you in your review of the project. Sincerely, EDGEWATER RESOURCES, LLC Ronald E. Schults, PE Principal cc: Erik Schults, EIT Jose Lacal, EIT Attachments: Existing Conditions and Photos Bluff Erosion Revetment Plan November 11, 2020 Letter Update August 22, 2016 Wave Study Page 21 of 36 199 Project: The Tribute Marina Date: May 15, 2019 Modified: November 16, 2020 Modified: Modified: Modified: Prepared For: Wet Lease Boundary Suntex Marina Investors, LLC 17330 Preston Rd. Suite 220 A Dallas, TX 75252 (972)789-1400 Ron Ten Eyck (201)575-1087 rteneyck@suntex.com July 21, 2021 Page 22 of 36 200 201 Project: The Tribute Marina Date: May 15, 2019 Modified: November 16, 2020 Modified: Modified: Modified: Prepared For: corner-walk to accommodate mobile fire unit Suntex Marina Investors, LLC 17330 Preston Rd. Suite 220 A Dallas, TX 75252 (972)789-1400 Ron Ten Eyck (201)575-1087 rteneyck@suntex.com July 21, 2021 Page 24 of 36 202 aerial view phase I Date: May 15, 2019 Modified: Modified: Modified: Prepared For: Modified: November 16, 2020 Project: The Tribute Marina Suntex Marina Investors, LLC 17330 Preston Rd. Suite 220 A Dallas, TX 75252 (972)789-1400 Ron Ten Eyck (201)575-1087 rteneyck@suntex.com July 21, 2021 Phase I Build Exterior Breakwater Docks, Fuel Dock and Partial B, C, D Docks Totaling 399 Slips Page 25 of 36 203 Project: The Tribute Marina Date: May 15, 2019 Modified: November 16, 2020 Modified: Modified: Modified: Prepared For: Suntex Marina Investors, LLC 17330 Preston Rd. Suite 220 A Dallas, TX 75252 (972)789-1400 Ron Ten Eyck (201)575-1087 rteneyck@suntex.com July 21, 2021 Phase II Build Remainder of B, C, D Docks and F - I Docks Totaling 801 Slips aerial view phase II Page 26 of 36 204 Date: May 15, 2019 Modified: Modified: Modified: Prepared For: Modified: November 16, 2020 Project: The Tribute Marina Tribute Marina Store Building Main Entrance One Story Total HVAC = 4,270 sq ft +/- Roof Height = 35'+/- Cupola = 8' +/- Marina Operations Office Boat Sales Office Boat Club/Boat Rental Office Information Center Retail Section Deli Kitchen & Storage Area Suntex Marina Investors, LLC 17330 Preston Rd. Suite 220 A Dallas, TX 75252 (972)789-1400 This drawing is not final and subject to change based on final design approvals Ron Ten Eyck (201)575-1087 rteneyck@suntex.com July 21, 2021 T r i b u t e M a r i n a Page 27 of 36 205 Date: May 15, 2019 Modified: Modified: Modified: Prepared For: Modified: November 16, 2020 Project: The Tribute Marina F l o a t i n g C o v e r e d P a t i o Suntex Marina Investors, LLC 17330 Preston Rd. Suite 220 A Dallas, TX 75252 (972)789-1400 This drawing is not final and subject to change based on final design approvals Ron Ten Eyck (201)575-1087 rteneyck@suntex.com July 21, 2021 Page 28 of 36 206 Date: May 15, 2019 Modified: Modified: Modified: Prepared For: Modified: November 16, 2020 Project: The Tribute Marina F l o a t i n g M a r i n a B u i l d i n g Suntex Marina Investors, LLC 17330 Preston Rd. Suite 220 A Dallas, TX 75252 (972)789-1400 This drawing is not final and subject to change based on final design approvals Ron Ten Eyck (201)575-1087 rteneyck@suntex.com July 21, 2021 Page 29 of 36 207 Date: May 15, 2019 Modified: Modified: Modified: Prepared For: Modified: November 16, 2020 Project: The Tribute Marina F l o a t i n g M a r i n a B u i l d i n g Suntex Marina Investors, LLC 17330 Preston Rd. Suite 220 A Dallas, TX 75252 (972)789-1400 This drawing is not final and subject to change based on final design approvals Ron Ten Eyck (201)575-1087 rteneyck@suntex.com July 21, 2021 Page 30 of 36 208 Date: May 15, 2019 Modified: Modified: Modified: Prepared For: Modified: November 16, 2020 Project: The Tribute Marina F l o a t i n g M a r i n a B u i l d i n g Suntex Marina Investors, LLC 17330 Preston Rd. Suite 220 A Dallas, TX 75252 (972)789-1400 This drawing is not final and subject to change based on final design approvals Ron Ten Eyck (201)575-1087 rteneyck@suntex.com July 21, 2021 Page 31 of 36 209 Date: May 15, 2019 Modified: Modified: Modified: Prepared For: Modified: November 16, 2020 Project: The Tribute Marina F l o a t i n g M a r i n a B u i l d i n g Suntex Marina Investors, LLC 17330 Preston Rd. Suite 220 A Dallas, TX 75252 (972)789-1400 This drawing is not final and subject to change based on final design approvals Ron Ten Eyck (201)575-1087 rteneyck@suntex.com July 21, 2021 Page 32 of 36 210 Date: May 15, 2019 Modified: Modified: Modified: Prepared For: Modified: November 16, 2020 Project: The Tribute Marina F l o a t i n g M a r i n a B u i l d i n g Suntex Marina Investors, LLC 17330 Preston Rd. Suite 220 A Dallas, TX 75252 (972)789-1400 This drawing is not final and subject to change based on final design approvals Ron Ten Eyck (201)575-1087 rteneyck@suntex.com July 21, 2021 Page 33 of 36 211 Date: May 15, 2019 Modified: Modified: Modified: Prepared For: Modified: November 16, 2020 Project: The Tribute Marina 13 F l o a t i n g M a r i n a B u i l d i n g Suntex Marina Investors, LLC 17330 Preston Rd. Suite 220 A Dallas, TX 75252 (972)789-1400 This drawing is not final and subject to change based on final design approvals Ron Ten Eyck (201)575-1087 rteneyck@suntex.com July 21, 2021 Page 34 of 36 212 213 Date: May 15, 2019 Modified: Modified: Modified: Prepared For: Modified: November 16, 2020 Project: The Tribute Marina P r o j e c t P l a n PHASE I Infrastructure & Dock Build Within the first phase of construction, the perimeter of the marina docks will be installed with an attenuator dock built to shield vessels from wave action. Engineered plans, focusing on quality, safety and stability, will be the foundation for which 399 slips that will be fabricated on site boasting state-of-the-art docks, restrooms, fuel dock and a marina store with a deli and offices. The Floating Tribute Marina Store •Boat maintenance supplies, engine oil & cleaners •Dock lines, fenders & boating safety equipment •Gift and décor section featuring lake themed merchandise •Water toys, life jackets, paddleboards, kayaks, etc. •Variety of clothing brands, including Columbia, Guy Harvey & Lake Life •Snacks & drinks •Wide variety of beer and wine •Deli featuring fresh breads with healthy eating choices Upland Development •Ample parking lot spaces & designated golf cart parking •Gated entrance with key access •Multi-purpose lawn with stage to hold community events •Sand volleyball court •Horseshoes •Bocce ball court •Ping pong tables •Picnic areas •Pad site for future development Other Upland Development •Above Ground Fuel Tank •Dumpster Corral Suntex Marina Investors, LLC 17330 Preston Rd. Suite 220 A Dallas, TX 75252 (972)789-1400 Ron Ten Eyck (201)575-1087 rteneyck@suntex.com July 21, 2021 PHASE II Dock Build Phase two will be predicated on occupancy at the marina after Phase 1. Although we are optimistic that the marina will lease up very quickly, it is difficult to say when Phase II of construction will commence. When justified, construction will begin on slips that are nearing 90 percent occupied. The marina will continue to add slips until we have built out the full 801 slips. Page 36 of 36 214 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2022 - ________ SITE PLAN – “TRIBUTE LAKESIDE PARK AND MARINA,” AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR THE “TRIBUTE LAKESIDE PARK AND MARINA,” AN APPROXIMATELY 25 ACRE PARK AND MARINA LOCATED ON LAKE LEWISVILLE AND WEST OF THE INTERSECTION OF CASTLEBRIDGE AND BRIDGE LANE WITHIN THE TRIBUTE COMMUNITY, ZONED AGRICULTURAL (A); PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given requisite notices and consideration of the site plan application and related plans, and the City Council of the City of The Colony, Texas, is of the opinion and finds that Site Plan Application No. SP22-0003 for the “Tribute Lakeside Park and Marina,” an approximately 25 acre park and marina located on Lake Lewisville and west of the intersection of Castlebridge and Bridge Lane within The Tribute Community, zoned Agricultural (A), should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the City Council of the City of The Colony, Texas, does hereby approve the Site Plan, Landscape Plan and building elevations, applicable to the subject area, copies of which are attached hereto as Exhibit A of this Ordinance. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or 215 2 uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 18TH DAY OF OCTOBER 2022. Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________________ Kim Thompson, DeputyCity Secretary APPROVED AS TO FORM: ___________________________________________ Jeffrey L. Moore, City Attorney 216 3 Exhibit A 217 Agenda Item No:5.4 CITY COUNCIL Agenda Item Report Meeting Date: October 18, 2022 Submitted by: Isaac Williams Submitting Department: Engineering Item Type: Ordinance Agenda Section: Subject: Discuss and consider an ordinance regarding the Site Plan application of “Worldsprings,” a pool resort consisting of approximately 12,720 square-feet of mineral spa pools, on an approximately 10.3 acre tract. The subject site is located north of Plano Parkway and east of Destination Drive within the NFM-Grandscape Planned Development (PD25). (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendations. Attachments: Staff Report Worldsprings- Site Plan.pdf Locator Map.pdf Worldsprings Site Plan - exhibit.pdf Worldsprings landscape for exhibit.pdf Worldsprings Architectural Plan for ordinance.pdf Worldsprings - Project Narrative.pdf Ord. 2022-XXXX Worldsprings SUP.doc 218 1 CITY COUNCIL REPORT AGENDA DATE: October 18, 2022 DEPARTMENT: Planning Department SUBJECT: SP22-0009 - Worldsprings– Site Plan Discuss and consider the Site Plan application of “Worldsprings,” a pool resort consisting of approximately 12,720 square-feet of mineral spa pools, on an approximately 10.3 acre tract. The subject site is located north of Plano Parkway and east of Destination Drive within the NFM - Grandscape Planned Development (PD25). OWNER/APPLICANT Owner: City of The Colony The Colony, TX Land Development Corportation Applicant: Greta Antonetz Chicago, IL ARCO/ Murray-Design Builder EXISTING CONDITION OF PROPERTY The subject site is current undeveloped. ADJACENT ZONING AND LAND USE North - Planned Development PD 25 Grandscape South - Planned Development PD 25 Undeveloped East - Planned Development PD 25 Undeveloped West - Planned Development PD 10- Undeveloped PROPOSED DEVELOPMENT The applicant proposes the development a pool resort offering “pods” of mineral spa pools intended to offer specific mineral calibrations stated to provide numerous benefits to pool occupants. The development will also offer administrative, pe rsonal item storage and refreshment services within the “Entrance Building, “Locker Room Building,” and “Food and Beverage Building” respectively. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the Site Plan meets the requirements of the PD-25 Ordinance, The Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined in the Staff Report and recommends approval. PRIOR ACTION On September 27, the Planning and Zoning Commission voted (5-0) to approve the request regarding the Site Plan application of “Worldsprings,” a pool resort consisting of approximately 12,720 square-feet of mineral spa pools, on an approximately 10.3 acre tract . 219 2 ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Site Plan Exhibits 4. Applicant Narrative ATTACHMENT 1 Staff Analysis Land Use Analysis Worldsprings is a day use resort offering mineral water pool soaking experiences inspired by famous springs of the world. The applicant’s narrative describes the pools as “renowned for their medicinal properties and natural surroundings such as Iceland’s Blue Lagoon, France’s Vichy springs of France, Japan’s Hokkaido Island’s springs, Turkey’s Kirsehir springs, England’s Bath springs and the Dead Sea of Israel”. The Worldsprings pools use special mineral formulas to mimic these water bodies and as stated the “mineral formulas offer numerous benefits such as, Recharging Sodium Spring with proven properties to reduce joint pain and muscle cramps or Calming Potassium Spring to help reduce inflammation.” The resort consists of six (6) different pods of ten (10) spa pools each approximately 3,000 gallons to comfortably accommodate ten (10) to twelve (12) adults at a time. Larger pools are available to accommodate greater capacities, including the Dead Sea Pool which can accommodate sixty-five (65) adults. The maximum capacity throughout the resort is 900 guests. Worldsprings will be open daily, Sunday through Thursday, 9 :00 a.m. to 10:00 p.m. and 9:00 a.m. to midnight, Friday and Saturday. Reservations will be made based on 15-minute intervals (maximum of 80 reservations every 15 minutes) with an average length of time in the facility of 2.5 hours. A Café, Bar, and remote food service facilities will provide light fare, non -alcoholic, and alcoholic beverages. Additional experiences include twelve (12) massage treatment rooms and two (2) sauna rooms. Elevations The elevation plan reflects a contemporary aesthetic with elevations consisting predominately of textured masonry and accented materials and colors. The elevation plan reflects facades consisting of an earth tone color pallet. The color selection and percentages are consistent with other projects within the overall development. E ach facade contains horizontal and vertical articulations, fenestration and color change to offer visual interest in accordance with the overall development motif. Circulation and Parking The site plan reflects a parking area along three sides of the development. Access is provided primarily from Plano Parkway, with secondary access from Dest ination Drive through mutual drives on adjacent lots. The development provides approximately 400 parking spaces (including 8 accessible). 220 3 Landscaping The landscape plan reflects the planting of various canopy trees, urban trees, small ornamental trees, shrubs, and ground cover throughout the site. The plan reflects perimeter plantings along the adjacent trail and within the buffers. Plantings are provided along the periphery of the parking fields and internally within the parking islands and along the bu ilding faces. The site will have smaller internal plantings as respite areas and compliments to the overall theme of the development. Infrastructure Improvements No specific public infrastructure improvements are planned for this area. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the Site Plan meets the requirements of the PD-25 Ordinance, The Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined in the Staff Report a nd recommends approval. 221 PLANOPKWYDESTINATION DR3300 3240 P D 2 5 P D 2 2 P D 1 0 This map w as generated by GIS data provided by The Colony GIS Departm ent. The City of The Colony does not guarantee the correctness oraccuracy of any features on this map. Thes e digital produc ts are for llustration purposes only and ar e not suitable for site-s pec ific dec is ion mak ing. ±Project No. SP22-0009 - Project Name: World Springs Wor ld Springs Planned Development 10 Planned Development 22 Planned Development, P D25 SubjectArea 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 WorldSprings Page 1 of 9 Project Overview WorldSprings is a day use resort offering mineral water pool soaking experiences inspired by famous springs of the world renowned for their medicinal properties and natural surroundings such as Iceland’s Blue Lagoon, France’s Vichy springs of France, Japan’s Hokkaido Island’s springs, Turkey’s Kirsehir springs, England’s Bath springs and the Dead Sea of Israel. WorldSprings will be open daily, Sunday through Thursday, 9am to 10pm and 9am to midnight Friday and Saturday. Reservations will be made based on 15-minute intervals (maximum of 80 reservations every 15 minutes) with an average length of time in the facility of 2.5 hours. The resort consists of 6 different pods of 10 spa pools each approximately 3,000 gallons to comfortably accommodate 10 to 12 adults at a time. Each pod will have a specific mineral formula inspired by famous mineral waters mentioned above. Mineral formulas offer numerous benefits such as, Recharging Sodium Spring with proven properties to reduce joint pain and muscle cramps or Calming Potassium Spring to help reduce inflammation. A freshwater family pool is available to accommodate up to 65 guests, and the Dead Sea Pool which can accommodate 65 adults. The maximum capacity is throughout the resort is 900 guests. A Café, Bar, and remote food service facilities will provide light fare, non-alcoholic, and alcoholic beverages. Additional experiences include 12 massage treatment rooms and 2 sauna rooms. Property WorldSprings property is in The Colony, Texas within the Grandscape development along Plano Parkway and Destination Drive sitting on a total of 10.3 acres. Access to the site will be available off both Plano Parkway and Destination Drive leading into 4 acres of 358 parking spaces. The complex consists of 6 building structures—3 of those buildings provide access to guests, with a main entrance building, food and beverage building and a locker room. While the other 3 structures are employees only, consisting of a back of house building and 2 mechanical buildings. Visually appealing architectural elements are throughout the facility to transport guests out of the city and into a tranquil nature experience. Buildings will consist of wood and natural stone exteriors with materials including, Oklahoma Flagstone, red cedar wood shingles, timber columns, and cortica garden wall system with carbonized cork. Meandering walkways guide guests throughout the complex, appealing rooflines, gazebos, and a one-of-a-kind waterfall on Amazonite stone from Colorado. Various shading structures will be provided for guests such as cabanas, retractable shade sails, ocotillo shelters made of rough cedar, and walkway pavilions at the main sidewalk intersections. Landscaping will be carefully curated to complement each pod’s theme and mineral formula to give guests the experience of being in nature. Landscape design includes 7 tree types and 11 different shrubs. Street frontage along Plano Parkway to include trees and shrubs as well as within the parking 252 WorldSprings Page 2 of 9 lot, with 90 square feet of landscape every 12 parking spaces. Please see attached landscape plan for further detail. Lighting will be an important part of the guest experience both for esthetic as well as safety purposes. While lighting will follow dark sky guidelines, walkways will be well lit with low voltage lighting plus properly located overhead lighting. Entrance Building Located on the northwest side of the facility, the 31’-11” one-story, 13,622 square foot main entrance building has 4 functions: main reception area for guests, retail operation, massage treatment rooms and administrative offices, with a maximum capacity of 130 persons. At the entrance will be a waterfall over the Amazonite rock plus carefully curated landscaping provides a natural transition into the WorldSprings experience. · 2,316 square foot reception area offering 2 reception desks with 7 cashier stations to check in guests making the arrival experience warm and efficient. As well as a guest restroom, spare office, and a private guest relations office. · 2,139 square foot retail space with a 638 square foot storage room. · 3,944 square foot spa area with 12 massage treatment rooms, spa lounge (indoor and outdoor) seating for 12, linen room with an exterior access for terry & linen deliveries/pickup by outside laundry service, therapist lounge, and preparation room. · Miscellaneous offices totaling around 2,300 square feet includes two administrative area offices for General Manager, HR Manager, Marketing Manager, Accounting, MODs, and Front Gate Manager plus admin storage, restroom, and conference room. Locker Room Building The one-story 13,700 square foot Locker Room Building located east of the Entrance Building provides three areas: family locker room, men’s locker room, and women’s locker rooms. Attached to the building with a separate entrance is a sauna experience offering 2 saunas, each 440 square feet and a cold plunge. The building also has a 1,265 square foot MEP room to service the locker room building, Dead Sea Pool and Urban Pod. Square Footage Lockers Changing Rooms Shower Rooms Toilets Sinks Closets SF # Standard ADA Standard ADA Standard ADA # # Men’s Locker Room 3,638 508 3 1 6 2 5 2 4 2 Women’s Locker Room 5,137 606 5 1 17 2 15 2 3 2 Family Locker Room 810 68 4 - 4 - 4 - 4 - 253 WorldSprings Page 3 of 9 Food & Beverage Building The Food and Beverage building will be placed South of the Entrance Building and includes the main kitchen, café, bar, office, and IT room. Totaling 4,943 square feet, it offers 48 café seating and 14 bar seats. The building also has a driveway to the south to handle food and beverage deliveries. WorldSprings food & beverage is to provide nourishing and tasty dishes along with alcoholic and non- alcoholic beverages. Some dishes will be purchased “ready to serve” such as soups and desserts. While others will be pre-prepared from fresh ingredients by kitchen staff that do not require gas stoves/ovens and overhead exhaust systems to allow for a gluten free friendly and nut allergy sensitive kitchen. Please see the prepared menu below for a better understanding of what WorldSprings has to offer. Alcoholic Beverages House Made Cocktails Food Breakfast (9am - 11am) All Day (11am - close) Fruit, Charcuterie and Veggie Tray Frozen Cocktails Croissant sandwiches Draft Beers Caprese Salad on skewer Draft White Wine Cookies, Brownies, ice cream Draft Red Wines Potato Chips Canned Wines Tortilla Chips & Salsa Canned Cocktails Pretzels Canned Hard Seltzers Trail Mix Bagels and cream cheese Non-Alcoholic Beverages Smoothies Muffins Fountain Drinks Cinnamon Roll Hot Coffee Yogurt Fruit Juices Hot Pretzel Bottled Waters Potato Wedges Tea and Iced Tea Greek Salad, Shrimp Salad Back of House Building Back of House is a 19’ one-story building at 5,164 square feet. Located on the north side of property with several functions such as, receiving, storage, maintenance, MEP, offices, employee breakroom, employee restrooms, with a driveway large enough for semi-trucks with a lockable gate. Mechanical Building 1 Mechanical Building 1 is a 19’ one-story structure at 3,894 square feet located between the Garden and Boardwalk Pods with three functions: guest restrooms, MEP for 2 spa pool pods and remote food & beverage services. With a fire rated wall separating the restrooms from the remote food & beverage room. The food served from this building will be prepared in the main kitchen and transported according 254 WorldSprings Page 4 of 9 to health code. It is intended for guests to order VIA app or website and deliver to designated areas on the complex. Mechanical Building 2 Mechanical Building 2 is a 19’ one-story structure at 3,894 square feet located next to the Mountain Pod with three functions: guest restrooms, MEP for 2 spa pool pods and remote food & beverage services. With a fire rated wall separating the restrooms from the remote food & beverage room. The food served from this building will also be prepared in the main kitchen and transported according to health code. Remote Food & Beverage Menu: Fruit Tray Charcuterie Tray Veggie & Hummus Tray (2) Croissant sandwiches Caprese Salad on skewer Cookies/Brownies Potato Chips Tortilla Chips & Salsa Pretzels Trail Mix (2) Frozen Cocktails (4) House made cocktail (4) Draft Beers (4) Canned Wines (6) Canned Cocktails (4) Canned Hard Seltzers Iced Tea Bottled Water Fountain drinks Smoothies Pools and Spa Pools The 2,500 square foot, 74,800-gallon Family pool is a chlorinated freshwater pool at a maximum depth of 5’. Offering a family friendly atmosphere, lifeguard(s) will allow parents to access the adult only areas knowing their children are supervised. The surrounding pool area offers 26 chaise lounges, 4 chairs and 7 tables. The 1,900 square foot, 53,860-gallon Dead Sea Pool offers minerals inspired by the well-known Dead Sea Pool in Israel. With the high level of salinity in the water, guests will be able to literally float in the waters. It will be chlorinated and filtered through a 20-micron filter and treated with ozone. Seating around the pool includes 12 chaise lounges, 8 chairs, and 4 tables each with 4 chairs. Children are welcome to swim with adult supervision. The Family pod offers 10 family friendly spa pools with a maximum depth of 4’, 122 surface square feet, and an average of 2,100 gallons. The water will have minerals added, chlorinated, filtered through a 20- micron filter, and treated with ozone. Pool temperatures in the summer will range from 88° to 98° and winter temperatures will range from 100° to 102°. Seating includes 6 chairs and 7 tables each with 4 chairs. 255 WorldSprings Page 5 of 9 Urban pod offers 10 family friendly pools that have a maximum depth of 4’, average of 107 surface square feet, and about 1,434 gallons. The water will have minerals added, chlorinated, filtered through a 20-micron filter, and treated with ozone. Water temperatures in the summer will range from 84° to 102° and winter temperatures from 98° to 104°. This pod offers a cold plunge spa pool, fire pit with seating, 3 tables each with 4 chairs and 2 cabanas each with 2 chaise lounges and 2 chairs. Desert pod offers 10 adults only spa pools with a maximum depth of 4’, average of 169 surface square feet, and an average of 2,771 gallons. The water will have minerals added, chlorinated, filtered through a 20-micron filter, and treated with ozone. Water temperatures in the summer will range from 84° to 102° and winter temperatures from 98° to 104°. This pod offers a cold plunge spa pool, fire pit with seating, 3 tables each with 4 chairs and 2 cabanas each with 2 chaise lounges and 2 chairs. Garden pod offers 10 adults only spa pools at a maximum depth of 4’, average of 148 surface square feet, and 2,590 gallons. The water will have minerals added, chlorinated, filtered through a 20-micron filter, and treated with ozone. Water temperatures in the summer will range from 84° to 102° and winter temperatures from 98° to 104°. This pod offers a cold plunge spa pool, fire pit with seating, 3 tables each with 4 chairs and 2 cabanas each with 2 chaise lounges and 2 chairs. Mountain pod offers 10 adults only spa pools at a maximum depth of 4’, average of 158 surface square feet, and 2,440 gallons. The water will have minerals added, chlorinated, filtered through a 20-micron filter, and treated with ozone. Water temperatures in the summer will range from 84° to 102° and winter temperatures from 98° to 104°. This pod offers a cold plunge spa pool, fire pit with seating, 3 tables each with 4 chairs and 2 cabanas each with 2 chaise lounges and 2 chairs. Boardwalk pod offers 10 adult only private spa pool experiences at a maximum depth of 4’, average of 128 surface square feet, and 2,378 gallons. The water will have minerals added, chlorinated, filtered through a 20-micron filter, and treated with ozone. Water temperatures in the summer will be 96° and winter temperatures at 102°. Each pool will have its own cabana, each with 2 chaise lounges and 2 chairs. The pod also has a cold plunge spa pool and fire pit with additional seating. Mineral Formula Descriptions Nourishing Calcium Spring, inspired by the Waters of Kinosaki, Japan The Kinosaki hot spring has been in continuous use for over 1,300 years. Historical documents tell of a priest that traveled Japan to help the suffering and ill. His travels eventually brought him to the waters of Kinosaki. The spring's water soon became famous for its healing powers and attracted people from all over the country. Rich in Calcium, Bicarbonate and Sodium the Kinosaki hot spring is famous for helping people with fatigue, digestive issues, nerve, and muscle pain. 256 WorldSprings Page 6 of 9 Elevating Lithium Spring, inspired by the waters of Hot Springs, Montana The Kalispel Native Americans referred to these waters as “Big Medicine '' due to its healing properties. As time passed the waters were also discovered by fur trappers, and weary settlers coming to Montana. As the healing springs gained notoriety, they provided an economic boom for the town. Rich in Lithium, Boron, and Bicarbonate the water is renowned for healing aches and pains. The spring is also the inspiration behind the town’s motto, “Limp In, Leap Out”. Fortifying Iron Spring, inspired by the Waters of Baile Tusnad, Romania. The Baile pools are surrounded by a breathtaking landscape made up of numerous volcanic formations. The Ciomadul volcano created the hot springs and lent its unique mineral signature to them. After healing a shepherd’s son from skin rashes back in 1842, the springs gained notoriety. Rich in Iron, Magnesium, Potassium, and Calcium, the springs have been known to benefit those suffering from heart, blood, or circulatory issues, as well as those with nervous system problems. Relaxing Magnesium Spring, inspired by the waters of Bath, England. The waters of Bath were originally discovered by Prince Bladud of the Britons around 800 BC. After noticing a significant improvement in his pigs’ skin after they had rolled in mud surrounding the baths, he decided to do the same. The next morning, he awoke to find that his life-long skin condition had been cured. The water filling these pools begins as rain, then trickles deep down into limestone aquifers where it is heated. It then bubbles back to the surface filling the pools with Magnesium, Sulfate and Calcium rich waters. Recharging Sodium Spring, inspired by the waters of Hokkaido, Japan. As a highly volcanic island nation, Japan is full of hot springs or Onsen. Hokkaido island, the northern most main island of Japan, boasts most the country’s hot springs. The waters are naturally rich in Sodium, Sulphur and Bicarbonate and are known to help several health issues – including nerve damage, muscle cramps, joint pain, and skin problems. Silky Silica Spring, inspired by the geothermal waters of Iceland’s Blue Lagoon. The waters gained notoriety when a local woman bathed there to help her psoriasis and experienced dramatic improvement. Known for its stunning milky blue color, the waters of the Blue Lagoon are rich in Silica, Potassium, and Boron. Research has shown that these minerals have a positive effect on the genes that promote anti-aging. 257 WorldSprings Page 7 of 9 Calming Potassium Spring, inspired by the waters of Calistoga, California. Located at the base of Mount St. Helena, this hot spring was first discovered by members of the Native Wappo tribe. They are known to have soaked in the waters to relieve aches, pains and reduce inflammation. Brimming with Potassium, Calcium, and Magnesium this water is said to have a natural calming effect on the body. Clarifying Carbonic Salt Springs, inspired by the Vichy Waters in France. The Gallo-Romans were among the first to soak in the waters around the 3rd century AD. They were so enamored with the water’s healing properties that they dedicated it to Venus the Goddess of Beauty. In 1932, Dr. Haller (a French doctor from the town of Vichy) first discovered the water’s incredible ability to heal wounds. In the years following it became the first medically prescribed spa in Europe. Bicarbonate, Silica and Sodium are just a few of the minerals in the water that lend to its regenerative abilities for the skin. Regenerating Bicarbonate Spring, inspired by the waters of Kirsehir, Turkey Turkey abounds in hot springs. One of its most popular springs is Pamukkale which means “Cotton Castle”. The name was inspired by the sparkling, white limestone terraces surrounding the area, shaped by the calcite found in the pools. The pools themselves have been used for thousands of years. Doctors even utilize the springs as a healing center for their patients. They have been known to help with a large range of ailments such as cardiovascular, musculoskeletal, and gastrointestinal problems. Due largely in part to the mineral content containing large amounts of Bicarbonate, Sulphate and Calcium. Dead Sea Pool, inspired by the Dead Sea found in Israel. Herod the Great built one of the world’s first health retreats along the Dead Sea around 30 BC. The water is known to treat various skin conditions such as acne, psoriasis, and cellulite. It has also been said to help with arthritis, and joint pain. Due to the water’s high sodium content, it is very easy to float in the sea, adding to its relaxation benefits. The water is also rich in Magnesium, Sulfate and Calcium. Pool and Spa Pools Equipment The facility will use municipal or well water to feed pools that will be purified using reverse osmosis systems and mixed with high-quality minerals such as potassium, sodium, calcium, magnesium, sulfur, sodium bicarbonate, boron, and lithium. The water temperatures in the spa pools will be heated and cooled by a geo-thermal system with temperatures dependent on the surrounding weather; pool temperatures will range from 98°F to 104°F during winter months and 84°F to 102°F in summer months. 258 WorldSprings Page 8 of 9 Brand Use Pentair Pump Recirculating water Aquasol Pump Injecting chemicals DEL AOP Provide water sanitation using ozone and UV light in an environmentally safe and effective manner DEL Ozone - Mixing Degas Vessel (MDV) Prevents virtually all ozone bubbles from returning to the pool Pool Filter Size #8 – 20-micron filter bag; 150 PSI design pressure Chemtrol - 255 PPM/pH & 250 ORP/pH controller Monitor and control the sanitizer and pH levels in pools Maintenance Schedules Daily Replacement of mineral spa canister filters Back flush of sand filters on family & dead sea pool twice per day Cleaning of mineral pools Drain and clean one spa pool (note: water drains to detention pond) Monthly (every 6 months) Drain and clean family pool, dead sea pool and water features Massage Treatment & Sauna The spa will be located at the main entrance building featuring 12 massage treatment rooms, an indoor and outdoor spa lounge, a back of house room used for linen/terry storage, treatment kit prep area and therapist lounge totaling about 3,900 square feet. Massages will be 50 and 75 minutes in length and curated by WorldSprings Wellness Director, Dr Marcus Coplin. Massage Therapists will be licensed by the Texas Department of Licensing & Regulation. The Licensed Massage Therapists (LMTs) will be independent contractors and are paid a percentage of the revenue collected for each treatment. LMTs will be required to wear WorldSprings approved uniforms. The saunas will be offered to guests as part of the entry fee; at approximately 440 square feet each, attached to the locker room building to allow for easy access to showers and changing rooms. 259 WorldSprings Page 9 of 9 Product and Operation Operation Hours (7 Days a week) Sunday to Thursday Friday & Saturday Locker Rooms, Reception and Retail 9:00am to 10:00pm 9:00am to 12:00am Pools 9:00am to 10pm 9:00am to 12:00am Spa First treatment 9:30am Last treatment 7:30pm First treatment 9:30am Last treatment 7:30pm Food & Beverage 9:00am to 9:30pm 9:00am to 11:30pm Closures Spring - 2 Days in April Winter - 2 Days in October Thanksgiving Day Christmas Day Facility Capacity Winter Summer Surface Area (square feet) Volume (gallons) Mountain Pod 84 110 1,305 21,960 Desert Pod 78 102 1,221 20,200 Urban Pod 76 99 1,108 15,141 Garden Pod 86 112 1,222 21,516 Private Pod 106 138 1,320 24,575 Family Pod 90 117 1,220 21,075 Family Pool 50 65 2,500 74,800 Dead Sea Pool 50 65 1,800 53,860 Café and Bar 62 62 4,700 - Check In / Retail 100 100 5,517 - Locker Room 300 300 13,799 - Sauna 25 25 1,320 Massage Treatments 24 24 3,531 - Staff 53 53 - - Parking (10’x18’) Standard Shared ADA ADA Van Total 235 116 6 1 358 260 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2022 - ________ SITE PLAN – “WORLDSPRINGS” AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR “WORLDSPRINGS,” A POOL RESORT CONSISTING OF APPROXIMATELY 12,720 SQUARE-FEET OF MINERAL SPA POOLS, ON AN APPROXIMATELY 10.3 ACRE TRACT LOCATED NORTH OF PLANO PARKWAY AND EAST OF DESTINATION DRIVE AND WITHIN THE PLANNED DEVELOPMENT 25 ZONING DISTRICT (PD- 25), AKA GRANDSCAPE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given requisite notices and consideration of the site plan application and related plans, and the City Council of the City of The Colony, Texas, is of the opinion and finds that Site Plan Application No. SP22-0002 for “Worldsprings,” a pool resort consisting of approximately 12,720 square-feet of mineral spa pools, on an approximately 10.3 acre tract located north of Plano Parkway and east of Destination Drive and within the Planned Development 25 zoning district (PD-25), aka Grandscape, should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the City Council of the City of The Colony, Texas, does hereby approve the Site Plan, Landscape Plan and building elevations, applicable to the subject area, copies of which are attached hereto as Exhibit A of this Ordinance. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 261 2 SECTION 4. That any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 18TH DAY OF OCTOBER 2022. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Kim Thompson, Deputy City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 262 3 Exhibit A 263 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: October 18, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the evaluation or dismissal of a Keep The Colony Board Member. C. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding pending litigation: City of The Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, Cause No. D-1-GN-21-006079, 200th Judicial District Court, Travis County, Texas. Suggested Action: Attachments: 264 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: October 18, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). B. Any action as a result of executive session regarding the evaluation or dismissal of a Keep The Colony Beautiful Board member. C. Any action as a result of executive session regarding pending litigation: City of The Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, Cause No. D-1-GN-21-006079, 200th Judicial District Court, Travis County, Texas. Suggested Action: Attachments: 265