HomeMy WebLinkAboutResolution No. 04-47 CITY OF THE COLONY, TEXAS
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPERS
REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF
THE COLONY AND WYNNWOOD PENINSULA LTD. FOR AN
ENGINEERING CONTRACT ON WASTEWTER SERVICES;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the Mayor o£the City of The Colony, Texas, is hereby authorized
and empowered to execute a Developer Reimbursement Agreement with Wyrmwood
Peninsula Ltd. £or an engineering contract on wastewater services.
Section 2. That a true and correct copy o£ the Developer Reimbursement Agreement
with Wynnwood Peninsula Ltd. is attached hereto and incorporated herein.
Section 3. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council o£the City o£The Colony,
Texas, this 7th day o£June 2004.
yyDillard, Mayor
of The Colony, Texas
ATTEST:
THE STATE OF TEXAS §
§ DEVELOPER REIMBURSEMENT
§ AGREEMENT
COUNTY OF DALLAS §
This Agreement ("Agreement") is entered into by and between the City of The Colony, a
home rule City and political subdivision of the State of Texas ("the "City"), and Wynnwood
Peninsula, Ltd., a Texas Limited Partnership and MSW Wyrmwood LLC (collectively the
"Developer"), acting by and through their duly authorized representatives.
RECITALS
WHEREAS, the Developer owns tracts of land, commonly known as Wynnwood
Peninsula and comprised of approximately 576.502 acres as more particularly described in
Exhibit "B" (the "Property") and located in the city limits of the city of The Colony, Texas; and
WHEREAS, the Developer is desirous of developing and subdividing the property; and
WHEREAS, the Developer must construct or cause to be constructed a lift station, force
main and related flow lines for the conveyance of raw waste water from the Property to the
City's existing waste water treatment plant (the "Project") as more particularly described in
Exhibit "A" which is attached hereby and incorporated herein; and
WHEREAS, the Developer finds it beneficial to have the City develop or cause to be
developed the engineering designs for the construction of the Project on the Property; and
WHEREAS, the City has contracted with Freese and Nichols for the engineering
services in connection with the Project; and
WHEREAS, the Developer will reimburse the City for the costs incurred for the
engineering services provided in Exhibit "A".
DEVELOPER AGREEMENT - Page I 65111
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained herein and other valuable consideration, the sufficiency and receipt of which, are
hereby acknowledged, the City and the Developer agree as follows:
SECTION I
TERM
The term of this Agreement shall commence on the last date of execution of this
Agreement (the "Effective Date") and shall continue until all parties have fully satisfied all terms
and conditions of this Agreement, unless sooner terminated as provided herein.
SECTION 2
SCOPE OF SERVICES
The City agrees to provide or cause to be provided the professional engineering services
contained in Exhibit "A".
SECTION 3
COMPENSATION
(i) Developer agrees to reimburse the City in the amount of $378,500. Payment
hereunder shall be made to City within thirty (30) days of Developer receiving invoice for
services performed. The City has the right to postpone and/or stop the engineering services due
to lack of payment from the Developer.
(ii) If the Scope of Services changes so that Additional Services are needed, the City
will notify Developer for Developer's approval before proceeding.
SECTION 4
TERMINATION
This Agreement may be terminated only by the mutual written agreement of the parties.
Each party may terminate this Agreement if the other party breaches any of the terms and
DEVELOPER AGREEMENT - Page 2 65111 ~
conditions of this Agreement, and such breach is not cured by such party within thirty (30) days
after receipt of notice thereof.
SECTION 5
INDEMNIFICATION ItOLD HARMLESS
Developer does hereby release, indemnify and hold harmless the City, its officers, agents,
employees, contractors, subcontractors and consultants from any and all claims, damages, causes
of action of any kind or whatsoever, statutory or otherwise, personal injury (including death),
property damage and lawsuits and judgments, including court costs, expenses and attorneys fees,
and all other expenses arising directly or indirectly from the performance of this Agreement. The
foregoing release and indemnity shall survive termination of this Agreement.
SECTION 6
NOTICES
All notices required by this Agreement shall be in writing and addressed to the
following, or such other party or addresses either party designates in writing, by certified mail,
postage paid or by hand delivery.
If intended for Developer: With a copy to:
Wynnwood Peninsula, Ltd. Mr. John Stenger
c/o Matthews Investments Southwest, Inc. XV., Jenkens & Gilchrist
1660 S. Stemmons Frwy. Ste. 280 1445 Ross Ave. Ste. 3200
Lewisville, Texas 75067 Dallas, Texas 75202
Attn: John H. Matthews and
Kristian Teleki
If intended for City: With a copy to:
City of The Colony Robert E. Hager
Attn: Antonio Johnston City Attorney
Asst. City Manager Nichols, Jackson, Dillard,
6800 Main St. Hager & Smith, L.L.P.
The Colony, Texas 75056 1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
DEVELOPER AGREEMENT - Page 3 65111 ~
SECTION 7
MISCELLANEOUS
7.1 Entire Agreement. This Agreement and its attachments constitutes the sole and
only Agreement between the parties and supersedes any prior understandings written or oral
agreements between the parties with respect to this subject matter.
7.2 Assignment. Developer may not assign this Agreement without the prior written
consent of City. In the event of assignment by Developer to which the City has consented, the
Assignee shall agree in writing with the City to personally assume, perform and be bound by all
the covenants, and obligations contained in this Agreement.
7.3 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the parties to it and their respective
heirs, executors, administrators, legal representatives, successors and assigns.
7.4 Governing Law. This Agreement shall be governed by the laws of the State of
Texas; and venue for any action concerning this Agreement shall be in Dallas County, Texas.
7.5 Amendments. This Agreement may be amended by the mutual written agreement
of the parties.
7.6 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not effect any other provisions, and the
Agreement shall be construed as if such invalid, illegal or unenforceable provision had never
been contained in it.
7.7 Headings. The headings of this Agreement are for the convenience of reference
only and shall not affect in any manner any of the terms and conditions hereof.
DEVELOPER AGREEMENT - Page 4 65111
7.8 Exhibits. The following exhibits are incorporated into this Agreement for all
purposes:
(i) Exhibit "A": Professional Services Agreement by and between City and Freese &
Nichols.
(ii) Exhibit "B": The meets and bounds description of the Property.
EXECUTED in duplicate originals this the rI day of ~ ,~.~[.~ ,2004.
Wynnwood Peninsula, Ltd. a City of The Colony
Texas Limited Partnership
By its sole general partner
By:Matthews~d 'Investment Southwest, Inc., XV By
Printe~t Name: 1~4~t~f'lt~ "~'-~b~-~l Jollin Dillard, Mayor
Title:
MSW Wynnwood LLC,
A Texas limited liability corporation Approved as to Form:
By Matthews Investments Sonthwest,
By:Inc' XV,
Printed Name:
Title: $'~-~eo~ V~.r~' (~g~,vg ,Dq~.i-- City Attorney
Date:
Attest:
By:~~
Christie Wilson
City Secretary
DEVELOPER AGREEMENT - Page 5 65I 11
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This in~trqment was acknowledged before me on the ~_ day of J~ (A~-~-~ ,
2004, by -,~cO ,/1/xJ tr)!'l~.~9, ,h. ALC~.,~ofthecityofTheCol~,Texas.
~ Public, State of Texas
DEVELOPER AGREEMENT - Page 6 65111
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ~.~--I~- day of <.~o.~.,'/, ,
2004, by IOi.~,wo e~'~.L-~ , ~.~.~, of W~wood Peninsula, Ltd., a Texas
Limited Pa~nership by its sole general p~er Matthews ~vestment Southwest, Inc., XV.
.........
~., .,~ ~ECCA J. REED
Notary Public, St~t~f~ - ~
My Commission Ex,res
{~ao - My Commission Expire ~
DEVELOPER AGREEMENT - Page 7 65111
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument w.~ acknowledged before me on the 2.~1~' day of ff~-~' ,
2004, by V-~-t$~"ltnO [~-~V-~. , ~. ~.1. of M~W~wood Peninsula LLC., a
Tex~ Limited Liability Co~oration by Matthews ~ves~ent Southwest, ~c., XV., a Tex~
Co~oration.
] 1~ *~;~ Nm~ Public. State of Texas
II~ ~.,~,~ My Commission Expires
(SeaO My Co~ission Expk t
DEVELOPER AGREEMENT - Page 8 651 ! 1
Freese
Nichols, ~nc. Engineers Env~ro n mental scie ntists Architects
1701 North Narket Street, Suite 500 LB 51 DaLlas, TX 75202 214 920-2500 214 920-2565 fax www.freese.corn
May 26, 2004
Mr. Antonio Johnston
Assistant City Manager
City of The Colony
6800 Main Street
The Colony, Texas 75056
RE: Task Order No. 7
Wynnwood Peninsula Lift Station and Force Main Preparation
Dear Mr. Johnson:
Freese and Nichols is pleased to submit Task Order No. 7 - for the Wynnwood Peninsula
force main and sewage lift station and requests Authorization to Proceed in accordance
with our General Agreement for Professional Services dated November 6, 2001.
The work described in Task Order No. 7 involves developing and finalizing construction
plans fbr the Wynnwood Peninsula lift station and force rfiain to the Colony Stewart
Creek treatment plant.
It is our understanding that KimJey-Home and Associates, Inc. will be providing field
surveys and easement instruments for the routing along FM 423 and along Lebanon
Road. Kimley-Home will also prox;ide for the Corps of Engineer permitting in
conjunction with their water line design. It is anticipated that the water line and force
main crossing the Corps property will be installed by boring and will be done with either
the water line construction or the force main construction, whichever is read3, to be bid
first.
Freese and Nichols will provide for the design surveying and easement instrument
preparation for the routing from FM423 t? the City of The Colony WWTP. Existing
survey information provided by the developer will be used to the extent possible for the
routing between the end of the Kimley-Home survey to the lift station site. Some
additional survey will be necessary to establish control for the alignment across the
developer's property. Coordination is essential between the developer, Kimley-Horne
and the City.
Freese and Nichols will not provide for any geotechnical investigations for the project
assuming that the lift station will be in the general vicinity of soil borings performed for
the developer and geotechnical information associated with the water line design by
Kimley-Home will be provided to Freese and Nichols for use in the lbrce main design.
The Freese and Nichols Wastewater Service Alternatives Evaluation Report (August 8,
2003) Scenario 3 established the general routing of the Wynnwood Peninsula force main
and the general location of a large lift station which would be sized to accommodate the
flows from all of The Colony Wynnwood Peninsula. The lift station site will be shifted to
the southwest approximately 6,700 feet to accommodate the Developer plans. Lift station
capacities and force main line sizes will be in accordance with Scenario 3 as described in
the report.
Freese and Nichols, Inc. has been providing water and wastewater planning, design and
construction phase services to municipalities in the DFW Metroplex since 1894. We have
adequate experience and staff in our Metroplex offices to successfully complete this
assignment. Jim Baddaker will serve as project manager and has specific expertise and
experience in the routing and design and evaluation of wastewater conveyance facilities.
If you have any questions, please contact me at 214-217-2252. We look forward to
working with you and your staff on this project.
Very truly yours,
AND NICHOLS, INC. Authorized by:
By: f)tgt~ ¢~t~f~t-g///qtw, .
(Print Name)
Date." X
Attachments t
SCOPE OF SERVICES - TASK ORDER NO. 7
Wynnwood Peninsula Sewer Lift Station and Force Main
BASIC SERVICES: FNI shall render the following professional services in connection with the
development of this Task Order:
TASK DESCRIPTION
This Project consists of professional engineering services to design and construct improvements
to the City of The Colony's wastewater collection system. Purpose of the project is to provide a
lift station to pump wastewatcr flows ( 2025 projected flows of 4.35 mgd) from the Wynnwood
Peninsula to the City's existing wastewater treatment plant (WWTP).. Work anticipated for this
project includes:
1. Preliminary Design, Design and Construction Services for a new 4.35 MGD lift station and
force main for conveyance of raw wastewater flows to the City's existing WWTP.
2. Advertisement and Bid Phase services including bid document distribution, bid opening and
tabulation and preparation of final executed contract documents.
3, Resident representation services for construction inspection for modifications to thc City's
existing WWTP and collection system improvements.
4. Special services in support of design and construction of the proposed improvements,
including Texas Commission on Environmental Quality (TCEQ) TPDES discharge permit
modifications, geotechnical soils testing and engineering services, and surveying services for
lift station and force main improvements.
5. FNI will perform general administrative duties associated with the Project including
progress monitoring, scheduling, general correspondence, office administration, and
invoicing. These duties include day-to-day contact and liaison with the OWNER and
project staff; providing a one-page weekly report on progress;ensuring the needs of
the OWNER are met in a timely manner; providing project communication; and
monitoring work on the project.
6. FNI will assist in the cost assignment of oversizing the lift station and force main for
future growth in the Wynnwood Peninsula area.
7. Odor control will be included with the lift station design
8. The lift station and force main will be owned and operated by the City. Long term
service life and minimized operation and maintenance functions will be incorporated
into the design
BASIC SERVICES: FNI shall render the following professional services in connection with this
project:
1. Prelimina~ Phase: Upon execution of this Task Order, FNI shall:
a. Conduct preliminary design kickoff meeting with the OWNER to review the scope of
services, verify the OWNER's requirements for the Project, and review available data.
b. Prepare preliminary design report for lift station, force main and gravity collection
system improvements associated with this work, including preliminary drawings and
specification outline.
c. Meet with the OWNER at the 50% and 90% pre-design completion levels to discuss
overall project status and get input and comments on the design progress from the City.
Preliminary design documents and agenda shall be presented to the City a minimum of
one week prior to each progress meeting.
d. Assist the City in preliminary discussions with the COE, NTMWD, City of Frisco and
other entities for easements and COE permitting.
2. Final Design Phase: FNI shall provide professional services in this phase as follows:
a. Conduct final design kickoff meeting with the OWNER to review scope of services,
verify OWNER requirements and review available data. Kickoff meeting shall review
selected design alternatives, preliminary design documentation, and gather any additional
information needed for final design. Design documents and agenda shall be presented to
the City a minimum of one week prior to the meeting.
b. Prepare drawings, specifications, Construction Contract Documents, designs and layouts
of improvements to be constructed.
c. Meet with the OWNER at the 50% and 90% design completion levels to discuss overall
project status and get input and comments on the design progress from the City. Design
documents and agenda shall be presented to the City a minimum of one week prior to
each progress meeting.
d. Advise OWNER of need for and recommended scope of subsurface investigations,
special analysis, hydraulic model studies, mapping, etc., and the retention of special
consultants. The cost of such services shall be paid by the OWNER and are not included
in the services performed by FNI.
e. Furnish OWNER, when requested, the engineering data necessary for applications for
routine permits and easements reqtfired by local, state and federal authorities.
f. Submit drawings, specifications, and Construction Contract Documents for approval by
applicable federal and state agency(s), where required.
g. Furnish such information necessary to utility companies whose facilities may be affected
or services may be required for the Project.
h. Prepare revised opinion of probable construction costs at the 50% and 90% completion
levels.
i. Prepare bidders proposal forms for the improvements to be constructed.
j. Furnish OWNER five (5) sets of copies of drawings, specifications, and bid proposals
marked "preliminary" for approval by OWNER. Upon final approval by OWNER, FNI
will provide five (5) sets of copies of "final" drawings.
3. Bid Phase: Upon completion of the design services and approval of "Final" drawings and
specifications by OWNER, FNI will proceed with the performance of services in this phase
as follows:
a. Assist OWNER in securing bids. Issue a Notice to Bidders to prospective contractors and
vendors listed in FNI's database of prospective bidders, and to selected plan rooms.
Provide a copy of the notice to bidders for OWNER to use in notifying construction news
publications and publishing appropriate legal notice. The cost for publications shall be
paid by OWNER.
b. Maintain information on entities that have been issue a set of bid documents. Distribute
information on plan holders to interested contractors and vendors on request.
c. Assist Owner by responding to questions and interpreting bid documents. Prepare and
issue addenda to the bid documents to plan holders if necessary.
d. Assist the OWNER in conducting a pm-bid conference for the construction projects and
coordinate responses with OWNER. Response to the pre-bid conference will be in the
form of addenda issued after the conference. Attend the tour of the project site after the
pre-bid conference.
e. At OWNER request, FNI will assist OWNER in the opening, tabulating, and analyzing
the bids received. Review the qualification information provided by the apparent low
bidder to determine if, based on the information available, they appear to be qualified to
construct the project. Recommend award of contracts or other actions as appropriate to
be taken by OWNER. Pre-qualification of all prospective bidders and issuing a list of
eligible bidders prior to the bid opening is an additional service.
f. Assist OWNER in the preparation of Construction Contract Documents for construction
contracts. Provide 10 (10) sets of Construction Contract Documents including
information from the apparent low bidders bid documents, legal documents, and addenda
bound in the documents for execution by the OWNER and construction contractor.
Distribute five (5) copies of these documents to the contractor with a notice of award that
includes directions for the execution of these documents by the construction contractor.
Provide OWNER with the remaining five (5) copies of these documents for use during
construction. Additional sets of documents can be provided as an additional service.
g. Furnish contractor copies of the drawings and specifications for construction pursuant to
the General Conditions of the Construction Contract.
4. Construction Phase: Upon completion of the bid or negotiation phase services, FNI will
proceed with the performance of construction phase services as described below. FNI will
endeavor to protect OWNER in providing these services however, it is understood that FNI
does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the
Contractor's operation and employees. FNI shall not be responsible for the means, methods,
techniques, sequences or procedures of construction selected by the Contractor, or any safety
precautions and programs relating in any way to the condition of the premises, the work of
the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of
any person (except its own employees or agents) at the Project site or otherwise performing
any of the work of the Project.
a. These services are based on the use of FNI standard General Conditions for construction
projects. Modifications to these services required by use of other general conditions or
contract administration procedures is an additional service. If general conditions other
than FNI standards are used, the OWNER agrees to include provisions in the construction
contract documents that will require the construction contractor to include FNI and their
subconsultants on this project to be listed as an additional insured on contractor's
insurance policies.
b. Assist OWNER in conducting pre-construction conference(s) with the Contractor(s),
review construction schedules prepared by the Contractor(s) pursuant to the requirements
of the construction contract, and prepare' a proposed estimate of monthly cash
requirements of the Project from information provided by the Construction Contractor.
c. Establish communication procedures with the OWNER and contractor. Submit monthly
reports of construction progress. Reports will describe construction progress in general
terms and summarize project costs, cash flow, construction schedule and pending and
approved contract modifications.
d. Establish and maintain a project documentation system consistent with the requirements
of the construction contract documents. Monitor the processing of contractor's submittals
and provide for filing and retrieval of project documentation. Produce monthly reports
indicating the status of all submittals in the review process. Review contractor's
submittals, including, requests for information, modification requests, shop drawings,
schedules, and other submittals in accordance with the requirements of the construction
contract documents for the projects. Monitor the progress of the contractor in sending
and processing submittals to see that documentation is being processed in accordance
with schedules.
e. Based on FNI's observations as an experienced and qualified design professional and
review of the Payment Requests and supporting documentation submitted by Contractor,
determine the amount that FNI recommends Contractor be paid on monthly and final
estimates, pursuant to the General Conditions of the Construction Contract.
fi Make periodic visits to the site (as distinguished from the continuous services of a
Resident Project Representative) to observe the progress and the quality of work and to
attempt to determine in general if the work is proceeding in accordance with the
Construction Contract Documents. In this effort FNI will endeavor to protect the
OWNER against defects and deficiencies in the work of Contractors and will report any
observed deficiencies to OWNER. Total number of site visits shall not exceed nine (9).
Visits to the site in excess of the specified number are an additional service.
g. Notify the contractor of non-conforming work observed on site visits. Review quality
related documents provided by the contractor such as test reports, equipment installation
reports or other documentation required by the Construction contract documents.
h. Interpret the drawings and specifications for OWNER and Contractor(s). Investigations,
analyses, and studies requested by the Contractor(s) and approved by OWNER, for
substitutions of equipment and/or materials or deviations from the drawings and
specifications is an additional service.
i. Establish procedures for administering constructive changes to the construction contracts.
Process contract modifications and negotiate with the contractor on behalf of the
OWNER to determine the cost and time impacts of these changes. Prepare change order
documentation for approved changes for execution by the OWNER. Documentation of
field orders, where cost to OWNER is not impacted, will also be prepared.
Investigations, analyses, studies or design for substitutions of equipment or materials,
corrections of defective or deficient work of the contractor or other deviations from the
construction contract documents requested by the contractor and approved by the Owner
are an additional service. Substitutions of materials or equipment or design modifications
requested by the OWNER are an additional service.
j. Prepare documentation for contract modifications required to implement modifications in
the design of the project. Receive and evaluate notices of contractor claims and make
recommendations to the OWNER on the merit and value of the claim on the basis of
information submitted by the contractor or available in project documentation. Endeavor
to negotiate a settlement value with the Contractor on behalf of the OWNER if
appropriate. Providing these services to review or evaluate construction contractor(s)
claim(s), supported by causes not within the control of FNI are an additional service.
k. Assist in the transfer of and acceptance by the construction contractor of any Owner
furnished equipment or materials.
1. Conduct, in company with OWNER's representative, a final review of the Project for
conformance with the design concept of the Project and general compliance with the
Construction Contract Documents. Prepare a list of deficiencies to be corrected by the
contractor before recommendation of final payment. Assist the City in obtaining legal
releases, permits, warranties, spare parts, and keys from the contractor. Review and
comment on the certificate of completion and the recommendation for final payment to
the Contractor(s). Visiting the site to review completed work in excess of two trips are an
additional service.
m. Revise the construction drawings in accordance with the information furnished by
construction Contractor(s) reflecting changes in the Project made during construction.
Two (2) sets of prints of "Record Drawings" shall be provided by FNI to OWNER.
5. Resident Representation Phase: Provide Resident Project Representation services during the
construction phase as follows:
a. Furnishing the services of a Resident Project Representative to act as OWNER's on-site
representative during the Construction Phase. The Resident Project Representative will
act as directed by FNI in order to provide more extensive representation at the Project site
during the Construction Phase. Through more extensive on-site observations of the work
in progress and field checks of materials and equipment by the Resident Project
Representative and assistants, FNI shall endeavor to provide further protection for
OWNER against defects and deficiencies in the work. Furnishing the services of a
Resident Project Representative is subject to the provisions of the Construction Phase
Services.
b. If OWNER provides personnel to support the activities of the Resident Project
Representative who is FNI or FNI's agent or employee, the duties, responsibilities and
limitations of authority of such personnel will be set forth in an Attachment attached to
and made a part of this AGREEMENT before the services of such personnel are begun.
It is understood and agreed that such personnel will work under the direction of and be
responsible to the Resident Project Representative. OWNER agrees that whenever FNI
informs him in writing that any such personnel provided by the OWNER are, in his
opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced.
c. Resident project representation is based on providing a part-time Resident Representative
for an average of 20 hours per week for a period of 9 months assuming that the
construction is accomplished at the same time as the Treatment Plant Improvement
Construction.
SPECIAL SERVICES: FNI shall render the following professional services in connection with
this project, as authorized by the OWNER, which are not included in the above described basic
services shall be as follows:
1. Field surveying required for the preparation of designs and drawings.
2. Making property, boundary and right-of-way surveys, preparation of easement and deed
descriptions, including title search and examination of deed records.
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by
OWNER, which are not included in the above-described basic services, are described as follows:
1. Field layouts or the furnishing of construction line and grade surveys.
2. Coordinate the work of testing laboratories and inspection bureaus required for the testing
or inspection of materials, witnessed tests, factory testing, etc. for quality control of the
Project.
3. GIS mapping services or assistance with these services.
4. Providing services to investigate existing conditions or facilities, or to make measured
drawings thereof, or to verify the accuracy of drawings or other information furnished by
OWNER.
5. Providing environmental support services including the TCEQ and COE permitting
assistance, and other assistance required to address environmental issues.
6. Providing renderings, model and mock-ups requested by the OWNER.
7. Making revisions to drawings, specifications or other documents when such revisions are 1)
consistent with approvals or instructions previously given by OWNER or 2) due to other
causes not solely within the control of FNI.
8. Providing consultation concerning the replacement of any Work damaged by fire or other
cause during the construction, and providing services as may be required in connection with
the replacement of such Work.
9. Investigations involving consideration of operation, maintenance and overhead expenses,
and the preparation of rate schedules, earnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material audits or inventories required
for certification of force account construction performed by OWNER.
10. Preparing applications and supporting documents for guvemment grants, loans, or planning
advances and providing data for detailed applications.
11. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe
factory tests of equipment at any site remote to the project or observing tests required as a
result of equipment failing the initial test.
12. Conducting pilot plant studies or tests.
13. Preparing Operation and Maintenance Manuals or conducting operator training.
14. Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally
or by deposition, and preparations therefore before any regulatory agency, court, arbitration
panel or mediator.
15. Assisting OWNER in claims disputes with Contractor(s).
16. Performing investigations, studies and analyses of substitutions of equipment and/or
materials or deviations from the drawings and specifications.
17. Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any, shall
be furnished by FNI on a fee basis negotiated by the respective parties outside of and in
addition to this AGREEMENT.
18. Providing environmental support services including the design and implementation of
ecological baseline studies, environmental monitoring, impact assessment and analyses, and
other assistance required to address environmental issues.
19. Performing investigations, studies, and analysis of work proposed by construction
contractors to correct defective work.
20. Design, contract modifications, studies or analysis required to comply with local, State,
Federal or other regulatory agencies that become effective after the date of this agreement.
21. Services required to resolve bid protests or to rebid the projects for any reason.
22. Visits to the site in excess of the number of trips included in Basic Services for periodic site
visits, coordination meetings, or contract completion activities.
23. Any services required as a result of default of the contractor(s) or the failure, for any
reason, of the contractor(s) to complete the work within the contract time.
24. Providing services after the completion of the construction phase not specifically listed in
Basic or Special Services.
25. Providing basic or additional services on an accelerated time schedule. The scope of this
service include cost for overtime wages of employees and consultants, inefficiencies in
work sequence and plotting or reproduction costs directly attributable to an accelerated time
schedule directed by the OWNER.
26. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
27. Providing services to review or evaluate construction contractor(s) claim(s), provided said
claims are supported by causes not within the control of FNI.
28. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
29. Preparing statements for invoicing or other documentation for billing other than for the
standard invoice for services attached to this professional services agreement.
30. Provide follow-up professional services during Contractor's warranty period.
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon
execution of this AGREEMENT and agrees to complete the services in accordance with the
following schedule:
1. BASIC SERVICES
a. Preliminary Design Phase Services - 3 months from Notice to Proceed
b. Final Design Phase Services - 3 months from completion of Preliminary Design
c. Bid Phase Services - 2 months from completion of Final Design
d. Construction Phase Services - 9 months from completion of Bid Phase
e. Resident Representation Services - Concurrent with Construction Phase services
2. Special Services - Concurrent with Basic Services
Anticipated Notice to Proceed is May 3, 2004. Anticipated project completion date is October 3,
2005.
IF FNI's services are delayed or suspended in whole or in part by OWNER, or if FNI's services
are extended by the Contractor's actions or inactions for more than 90 days through no fault of
FNI, FNI shall be entitled to equitable adjustment of rates and amounts of compensation.
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner
so as not to delay the services of FNI:
1. Designate in writing a person to act as OWNER's representative with respect to the services
to be rendered under this AGREEMENT. Such person shall have contract authority to
transmit instructions, receive information, interpret and define OWNER's policies and
decisions with respect to FNI's services for the Project.
2. Provide all criteria and full information as to OWNER's requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations; and furnish copies of all design
and construction standards which OWNER will require to be included in the drawings and
specifications.
3. Assist FNI by placing at FNI's disposal all available information pertinent to the Project
including previous reports and any other data relative to design or construction of the Project.
4. Arrange for access to and make all provisions for FNI to enter upon public and private
property as required for FNI to perform services under this AGREEMENT.
5. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by FNI, obtain advice of an attorney, insurance counselor and other
consultants as OWNER deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services of FNI.
6. Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of
the Project.
7. Provide such accounting, independent cost estimating and insurance counseling services as
may be required for the Project, such legal services as OWNER may require or FNI may
reasonably request with regard to legal issues pertaining to the Project including any that may
be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or
for what purpose any Contractor has used the moneys paid under the construction contract,
and such inspection services as OWNER may require to ascertain that Contractor(s) are
complying with any law, role, regulation, ordinance, code or order applicable to their
furnishing and performing the work.
8. OWNER shall determine, prior to receipt of construction bid, if FNI is to furnish Resident
Project Representative service so the Bidders can be informed.
9. If OWNER designates a person to serve in the capacity of Resident Project Representative
who is not FNI or FNI's agent or employee, the duties, responsibilities and limitations of
authority of such Resident Project Representative(s) will be set forth in an Attachment
attached to and made a part of this AGREEMENT before the Construction Phase of the
Project begins. Said attachment shall also set forth appropriate modifications of the
Construction Phase services, together with such adjustment of compensation as appropriate.
10. Attend the pre-bid conference, bid opening, preconstruction conferences, construction
progress and other job related meetings and substantial completion inspections and final
payment inspections.
11. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware
of any development that affects the scope or timing of FNI's services, or any defect or
nonconformance of the work of any Contractor.
12. Furnish, or direct FNI to provide, Additional Services as stipulated in this Task Order or other
services as required.
13. Bear all costs incident to compliance with the requirements of the Responsibilities of
OWNER.
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following
representatives:
Owner's Designated Representative - Gordon Scruggs, P.E.
City Engineer
6800 Main Street
The Colony, Texas 75056
Phone: (972) 624-3137
Fax: (972) 624-2308
Email: gscruggs @ci.the-colony.tx.us
FNI's Project Manager - J.R. Baddaker
1701 North Market St.
Suite 500 LB 51
Dallas, TX 75202
Phone: (214) 217-2232
Fax: (214) 920-2565
Email: jb @freese.com
FNI's Accounting Representative - Bill Grozdanich
1701 North Market St.
Suite 500 LB 51
Dallas, TX 75202
Phone: (214) 217-2254
Fax: (214) 920-2565
Email: bjg@freese.com
COMPENSATION: The total fee for this Task Order shall be computed on the basis of the
original Schedule of Charges but shall not exceed the following:
Basic Services: $239,000
Special Services: $139,500
If FNI sees the Scope of Services changing so that Additional Services are needed, FNI will
notify OWNER for OWNER's approval before proceeding. Additional services shall be
computed based on the Schedule of Charges.
EXHIBIT B
LEGAL DHSCRIPTION
~98.156 ACRES AND ~.245 ACRES
TRACT A:
BEING A 605.795 ACRt/TRACT OF LAND SITUATED IN THE T. LUCKETT SURVIVe',
ABSTRACT NO.752, BBB & CCR SURVEy, ABSTRACT NO. 182, AND TH~ S. PAYTON
SUP. V~Y, ABSTRACT NO. 1009,
TEXAS, AND BEIN'O ALL IN THE CITY OF TH~ COLONY, DENTON COUNTY,
OF TRACT 2, A CALLED 324.084 ACRE TRACT OF LAND
CONVEYED TO WYNNWOOD PENINSULA, LTD., BY DEED RECORDED IN COUNTY
CLERKS FILE 93-R0048821, A 56.584 ACLU8 TRACT OF LAND CONVEYED.TO
WYNNWOOD PENINSULA, LTD. BY DEED RECORDED IN' COUNTY CLERKS FILE NO
93-R0087901, A. 40.535 ACRE TRACT OF LAND CONVEYED BY DEED TO
WYNNWOOD PEN]]VSULA, LTD. RECORDED IN COUNTY CLERKS FILE NO. 94-
R0089415, A 40.000 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD
PENTNSULA, LTD. BY DEED RECORDED IN COUNTY CLERKS FILE NO, 95-0076009,
42.000 ACRE TRACT OF LAND CONVEYED TO W'Y]qI'f~OOD PEN]NSULA, LTD. BY
DF.F.r~ RECORDED 1N COUNTY
REM.A.[NDER OF A. CALLED CLERKS FILE NO. 97-R0086390, AND
182.79 ACRE TRACT OF LAND CONVE~D BY DEED TO
ROBERT E. STRIF_.F RECORDED IN VOLUM]~ 574, PA'GE 604, REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS. SAID 605.795 ACRE TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT CORPS OF ENGINEERS (C.O.E.) MONUMENT NO. C241-2 FOUND AT
THE SOUTHWEST CORNER OF
TR.A. CT; SAID 56.584 ACRE W~OOD PENINSULA, LTD.
THENCE, NORTH 01 DEORF_ES 26 M]NU~ 52 SECOI~DS EAST, ALONG THE WEST
LINE OF SAID 56.584 ACRE
1100,08 FEET TO WYN]qWOOD PE1VINSULA, LTD. TRACT, A DISTANCE OF
A 3/4" IRON ROD FOUND FOR CORNER,
THENCE, NORTH 0i DEORE{:S 12 MINUTES 56 SECONDS EAST, CONTINUING
ALONG TIIE WHST LINE OF S.MD 56.584 ACRE VfYNNW'OOD PENINSULA. LTD.
TRA~, PASSING THE SOUTHWEST CORN]IR. OF SAID 40.535 A.CR]~ s ~'i'R~CT O{: LAN~
· CON~'EYED BY DEED AT 49.89 I~F.]]T AND CONTINUING IN' ALL A TOTAL DISTANCE
OF 865,32 FEET ALONG THE WEST LINE OF SAID 40.535 ACRE TRA.CT TO A FENCE
CO~ POST FOR THE NORTHWEST CORNER OF SAID 40,535 ACRE TRACT;
THENCE, SOUTH 89 DEGREES 27 MINUTES 31 SECONDS FAST, ALONG THE NORTH
LINE OF SAID 40.535 ACR~ ~OOD PENINSULA, LTD. TRACT, A DISTANCE OF
2141.85 FEET TO A 1/2" IRON ROD FOUND FOR ~ NORTHEAST CO_~a'VER OF
40.535 ACRE TRACT, SAiD POINT ALSO BEING
CORNER OF THE AFORESAID 324.084 THE MOST WESTERLy 1VORTHW'I~ST
ACP. WY eV OOD P SULA, LTD. TRACT;
TH CE, ALONG Tim MOUNT FARTXTION Ln, m BETWEEN TRACT AIl
...... Pag~ ! Df 11 ~
A, AND TRACT B2, EXHIBIT B, DESCRIBED IN D]~]~_ OF PARTITION, RECORDED IN
VOLUME 2163, PAGE 433, DEED RECORDS, DENTON COUNTY, TEXAS, AiqD BB'I~G
~ SA.Nf~ ~ AS DF-.SCI~IBED II~ DEED OF SA. ID 324.~)~4 ACR~
PENiNSULk, LTD., TRACT; TH~ FOLLOWING THR~E COURSES AND DISTANC]~:
¢o~
NORTH 00 DEGREES 44 MINUTES I I S]~CONDS EAST, A DIsTANc~ OF 2347.37
FEET TO A 1/2' IRON ROD FOUND FOR CORNER;
NORTH 53 DSSREES 47 ~tmUTSS 45 SECONDS ~XST, A DtSTANCE OF 3532.O9
F~r TO.~ 2/2" mow POD FOUND FOP. CORNmt IN TH~ sOtrm'ura o~
IN TO COW
TEXAS; ' , PAGE 323, D~EF.~D RECORDS, DEN~. N COUNTY,
TITISNCE, SOUTH 89 DEGREES 36 MINUTES 23 SECONDS I~AST, ALONG SA~D SOUTH
LII,~ OF BOYD ROAD A]qD Tt~ NORTH LI]qE OF SAID 324.084 ACR]~ TRACT, A
DISTANCE OF ] 160.97 FEET TO A I/2' IRON POD FOtnVD FORNORTHEAffr CORNIER
OF SAID TRACT IN THE V~ST LI/qE OF U.S.A. TRACT G626 OF TH~ GARZA-LITq/.E
ELM RESEKVOIi~ PRO3RCT (NOV7 CALLED LAKE LEW1SVILLE) CONVE~ BY
DEED RECORDED IN VOLUM~ 381, PAGE 423, DEED RECORDS, DF-NTON COUNTY,
TEXAS;
THENCE, ALONG TH~ ~%ST LINE OF lAID 324.084 ACRE TRACT AND U.S.A. TRACT
NO G-626 THE FOLLOWING SIX COURSES AND DISTANCES:
SOUTH 19 DEGREES 20 MINUTES 20 SECONDS FEAST, PASSING C.O.E.
MONUMENT NO. 626-7 FOUND AT 27.78 FEET, AND CONTEq-t3~G IN ALL A
TOTAL .DISTANCE OF 4 ~6.72 FEET TO C.O.E. MONUMENT NO. 0626-6 FOUND
FOR CORlqER;
SOUl/{ 00 DEGREES 35 M~ 3] SECONDfi WEST, A DISTANCE OF 403.72
FEET TO C.O.E, MONUMEqqT NO. G626-5 FOUND FOR CO~
.SOUTH 45 DEGREES 48'MINUTES 3g SECONDS WEST, A DISTANCE OF 219.95
FEET TO C.O.]~. MONI/MENT NO. (3626-4 FOUND FOR CORNER;
SOUTH 21 DEGREES 42 M]]xllJTES 53 SECONDS EAST, A DISTANCE OF 504.?7
FEET TO C.O.E. MONUMENT NO. C,626-3 FOUND FOP. CORNER:
SoiTrH 64 DEGKEES 44 IvtL~JT~ES 03 SECONDS EA~eT~, A D~.STANCE O?
FEET TO C.O~E.' MONUMENT NO. G626-2 FOUND FOR COP. NER;
SOUTH 16 DEGREES 23 MINUTES 14 SECONDS WE.~, A DISTANCE-OF 516.70
Page 2 of 11 ~
FE.~T TO C.O,E. MONUMENT NO. G626-1 FOUND'FOR COP, tVI~;
T'i-IM~CI~, SOUTH gg ~P-X3P,.EP..S 52 ~ 21 8ECO~$ ~T, CON x~O ~ONO
~ SOU~ L~ OF S~ U.S.A. T~ G~26, A DI~ OF 180.76 ~ ~
C.O.E. MO~ NO, G627-1 FO~ FOR CO~ S~ ~ B~G ~
NOR~T CO~ OF ~O~S~ 182.79 AC~ ROBOT ~. S~ ~ ~
~ NOK~ ~ST CO~ OF U.S.~ ~ 0627 CO~D BY DE~
~CO~ ~ VOL~ 385, PAGE 99 ~ MODelED BY Q~ ~ D~ ~ E.
VOL~ ~, PAGE 418, ~
P~OP~ ~CO~S, D~ON CO~, ~;
~ G627 T~ FO~O~G
SO~ 32 DEG~
F~T TO 43 ~ 30 SECO~S ~, A DI~C~ OF 719.98
C.O.E. MO~ NO. ~27-2 FO~ FOK CO~
SO~ 01 D~ES 14 ~ 3~ SECO~S ~ST, A D~T~ OF 2~036
- ~ TO C.O.E. MO~ NO. G627-3 FO~ FOR CO~;
.NOR~ 77 DEG~ ~9 ~ 13 SE~S ~ST. A D~ OF 2~0.67
PE~ TO C.O~. MO~ME~ NO. G627~ FO~ FOR CO~
NOK~ 27 DEG~ES I
FE~ TO I ~ 57 SECO~S ~ST, A DIST~ OF 277.42
C.O.E. MO~ NO. G627~A'FO~ FOR CO~'AT ~
. SO~H CO~ OF A 0,23 A~ ~ OF L~ CO~ ~OM
KOBERT E. S~F TO U.S.A. BY DEED ~CO~ ~ VOL~ 2957~ PAGE
193, ~ PROPER~ ~O~ D~ON CO~ ~S;
NO~ 03 DEG~ 56 M~S 27 SECON~ ~T, A DI~ OF 9~.2~
~ TO C.O.E. MO~ NO. ~27MB FO~ FOg CO~
NOK~ 17 DEG~ES 12 )~ 22 S~CO~S ~ST, A DIST~CE OF 117.4 ~
FE~ TO
C.O.E. MOMENT NO. ~627~C FO~ FOR ~
SOUTH 74 DEGAS I~ ~E$ 55 SECO~S ~T, A DIST~ OF ?2.63
F~T TO C.O~. MO~ NO. ~27~D FO~ FOK CO~
NORTH 27 DEGAS I I ~S 57 SE~S ~, A D~CE OF 148.34
~ TO C.O.E. MO~ NO. ~27-5 FO~ FOR CO~
SO~ 19 DEG~ 07 ~S 15 SECO~S ~ST, A DIST~ OF ~3.35
SO~H 24 DEGAS 59 ~ 05 SECO~S ~ST, A DIST~CE OF 499.68
FEET TO C.O.E. MOUNT NO. 627-7 FO~ FOR ~R, S~PO~
Page 3 of 11 ~
BEING TH]~ NOKTR%VEST CORNER OF A U.S.A. TRACT G628 CONVEYED BY
DEED RECORDED IN VOLUNfE 385, PAGE 99 AND MODIFIED BY QLrlT CLAIM
DEED TO E. SlvlITH AND ORA MA~ -glVflTH RECORDED IN VOLUNI~ 468, P&OE
418, REAL PROPERTY.RECORDS, DENTON COUNTY, TEXAS;
· THENCE, CONTINUING ALONG
WEST LINE OF SAID U.S3~..TRACT 0628 THE FOLLOWING. T .HP, EE COURSES AND
DISTANCES: . THE EAST LINE OF SAID S'rRIEF TRACT AND ~
SOUTH 30 DEG~ 03 lvl/NUTES 06 SECONDS V~, A DISTANCE OF 393.89
FEET TO C.O.E. NfOIqUM~NT NO. G628-2 FOUND FOP. CORNER; '
SOUTH 47 DEGRIEES 31 MINU-t]~S' 21 SECONDS WEST, A DISTANCE OF
1o38.81 ~:EET TO C.O-~. MONUMENT NO. G628-3 FOUND ~Oa coaNm~
SOUTH 14. DEGREES '19 MINUTES 34 SECONDS WP. ST, A DISTANCE OF 196.63
FEET TO C.O.E. MONLrMENT NO.
LINE OF SAID STRm~ TRACT; G628..4 FOUND FOR CORNEK IN THE SOUTH
THENCE, NOKTlq gig DEGREES 23 MINUTEX 26 SECONDS -
LINE OF SAID STRr~ TRACT A DISTAN,-,~ ,-,~ ....... ~__w.v~_'-r, ALONG TH~ SOUTH
WITH PLASTIC CAP STAMPED ,,= u,. :~..,, ~l/mr TO A 5/8" IRON ROD
"CARTER & BURGESS" SET FOP. CORNER;
TmiNCE, CONTINUING ALONG SmD SOURS U]~ re,rD Tm~ NO]~THW~Tmm¥
LINE OF U.S.A. TRACT G628, THE FOLLOWING TWO COURSES AND DISTANCE:
NORTH 43 DEGRt~F~ 44 MINUTES $2 SECONDS VIF_.ST, A DISTA/qCE OF 148.52
FEET TO THE REMAINS OF C.O.E. MONI/MENT NO. 0628-6 FOUND FOR
com, wm~
SOUTH 09 DEGREES 08 MINUTES 14 SECONDS WEST, A DLSTANC~. OF 113.21
. FEET TO A 1/2" IRON '
sramF ~-aAcr: GOD FOUND FO~, COrn,W:. ~ ? TH~ sOVrH Ln, rs 0F'S~aD
'r~NCE, NO~.'m SS DEGREES 86 ~rmn~Es 00 sECONdS V,'ES~, cowrmumo
^t,o~a 'nm sam sou~t Ln,~ OP S'mm~ ~CT, x DmTANCE OF Z8~ ~'r TO ,~
~. moN ~o~ VnT~ ~L~STIC Cra' S~ED "C~ & EUaGESS' sm' Fop`
corn, rEa IN Tan SOUTHV_~TEaLy LINg OF APoImsxm 324.0~4 Ac~ WYNNWOOD
PENINSULA, LTD.,
G608 CONV~YED ByTRACT AND THE NORTHWESTERLY LINE OF U.S,A. TRACT NO
CONDEMNATION DEED RECORDED IN VOLUM~ 384, PAGE 162
AND MODIFIED BY QUIT CLAIM DEED TO O.N. 8EAGRAVES, m' UX RECORDED IN
VOLUME 465, PAGE 694, DEED RECORDS, DI~NTON COUNTY, TEXAS;
'I%LF. NCE, ALONG SAiD SOUTHEASTERLY LINE OF 324.084 ACRE TRACT AND SAID
NORTHWESTERLy LINE OF U.S.A. TRACT G608 THE i~OLLOWING SEVEN COURSES
AND DISTANCES:
Page 4 of 11 ~
SOUTH 42 DEGREES 33 MIIN'D-LJ~S 37 SECONDS W~ST, A DISTANCE OF 337.43
FEET TO C.O.E. MO~ NO. G608-10 FO~ FOR ~
SO~ 15 DEG~ 59 M~]'~S 41 S~CO~S ~T, A DIST~ OF 199.68
~ TO C.O.E. MO~ NO. G608-9 FO~ FOR ~
NOR~ 83 DEG~ [6 M~ 00 SECO~S ~T, A DIST~CE OF 199.79
~ET TO C.O~. MO~ NO. ~08-8 FO~ POR ~
SOU~ 20 DEGAS 15 ~ ~ SECO~8 ~, A D~T~CB OF ~0.29
FEET TO C.O~. MO~ NO. ~8-7 FO~ FOK CO~ '
NOR~ 31 DEGR~-S 0l M~T~ 55 SECO~S ~T, A DIST~ OF 559.14
FE~ TO C.O~. MO~ NO. ~0g-6 FO~ FOR CO~
NORTH 53 D~G~ES 42 ~ 38 SSCO~S WEST, A DIST~CE OF 119.89
F~T TO C.O.E. MO~ NO. G60~-3 FO~ FOK ~
80~ ~ DEG~ES 23 M~S I I SECO~S ~T, A D~T~ OF 50.81
F~T TO C.O.E. MO~ NO. 603-2-3 FO~ FOK CO~ S~ PO~
· B~G ~ NOK~ ~ST CO~ OF U~. ~ NO. G~3.2 ~D
BY CO~E~ATION D~D ~CO~ ~ VOL~ 3~3, PAGE 30 ~
MODeRn BY Q~ CL~ D~ LEON~ V. ~, ~ ~ ~CO~ED ~
VOL~ 419, PAGE 46~ DE~ ~CO~S, D~ON CO~, ~;
~NCE, CO~O ~NG SA~ SO~~y L~ OF 324.084 A~
~ ~ ~ NOR~ ~ ~T ~ OF S~ U,S..A. T~ NO. G603-2 ~
FOLLO~G ~O CO~ES ~ DISTiCh:
NOK~ 68 DEG~ES ~ ~ 45 SECO~S ~ST, A DIST~CE OF 300~1
F~T TO C.O.E. MOmeNT NO. G603-2-2 FO~ FOK CO~
S~L~ 18 DEG~ 14 ~S 44'SECO~$ ~T, A DiST~3CE OF ~5~.~3
FEET TO C,O.E. MO~ NO. G603-2-1 FO~ FOR CO~ ~ '
~CE, SO~ 01 DEO~ 03 M~S 59 SECO~S ~T, ~NG
CO~G ~ONG T~ S~ SOUTHerly L~ OF S~ 324,084 AC~
~, A DIST~C~ OF I g8.40 ~ ~ C.O~. MO~ NO, G~03-1-13 FO~
FOR CO~ S~ PO~T B~G ~ NOK~T CO~ OF U.S~. ~ NO
G603-1 CO~ BY ~A~ON DEED ~CO~ED ~ VOL~ 383, PAGE
30 ~ MODI~D BY Q~T C~ D~,TO LEO~ V, G~, ET ~
~CO~ED ~ VOL~ 419, PAGE 46, D~ ~CO~S, D~ON ~, ~:
CO T mqo
NOR~TE~Y L~ OFS~ U.S.~T~ NO. G603-1 ~ FOLLO~G
~L~ CO~ES ~ DISTANCES:
Page 5 of 11
NORTH 70 DBGREES 47 ~ 04 SECONDS WEST~.A DISTANCE OF 699.72
FEET TO..C.O,E. MO~T NO. 0603-I-12 FOUND FOR COP,2qF, R;
SOUTH 20 DEGREES 17 MINUTES I I SECONDS EAST, A DISTANCE OF 775.43
FEET TO C.O.E. MONUMENT NO. G603-1- [ l FOUND FOR. CORNER:
SOUTH 48 DEGREES 19 MINUTES 12 SECONDS WEST, A DISTANCE OF 700.08
FF-ET TO C.O.E. MONUMENT NO. O603-1~10 FOUND FOR CORNER;
SOUTH 89 DEGREES 03 hiINUTES 12 SECONDS WEST, A DISTANCE OF 330.13
FEET TO C.O~E. MONI~fEWr NO. O603-1-9 FOUND FOR CORNER;
NORTH 42 DHGR]EES 06 MINUTES 31 SECONDS %rEST, A DISTANCE OF 499.78
FEET TO C.O.E. MOWUMENT NO. O603-1-8 FOUND FOR CO~
NORTH 75 DEGREES 21 MINUTES 37 SECONDS WEST, A DISTANCE OF 399.88
FEET TO C.O.R. MONUMA'NT NO. G603-1-7 FOUND FOR CORNER;
SOUTH 25 DEGREES 3 ] MINUTES 53 SECONDS EAST, A DISTANCE OF 460.27
FEET TO C.O.E. MONUMENT NO. G603-1-6 FOUND FOR CORNER;
SOUTH 83 DEGREES 46 MlNifr-r-r-r-r-~ 49 SECONDS WEST, A DISTANCE OF 450.32
FEET TO C.O.E. MONUMENT NO. O603-1-5 FOUND FOR CORNER;
NORTH 23 DEGREES 47 ~ 57 S~CONDS EAST, A DISTANCE OF 300.02
FEET TO C.O.E. MO~ NO. 0603-1-4 FOU]qD FOP, CORNER4
NORTH 45 DEGREES 50 Mi/qUTES 26 SECONDS WEST, A DISTANCE OF 375.20
· FEET TO C.O.E. MONUMENT NO. G603-I-3 FOUND FOR CORNEPq
NORTH 18 DEGREES 18 MINUTES 20 SECONDS WEST, A DISTANCE OF 799.87
FEET To c.o.E. Ho. FO? FOR
SOUTH 06 DEGREES 02 MINUTES 45 SECOND~ WEST, A DISTANCE O1~ 1374,8i
FEET TO C.O.E. MONUMENT NO. G603-1-1
SOUTH LINE OF SAID 324.084 ACRE TRACTl~;OUND FOP, CORNER IN TH~
THENCE, NORTH 89 DEGREES 19 MIINUtFI~$ 24 SECONDS WEST, ALONG SAID SOUTH
LINE, PASSING C.O.E. MONIJMENT NO. G607-] AT 539.98 FEET AND CONTINUIlqO IN
ALL A TOTAL DISTANCE OF 25936 FRET TO A lC2' IRON ROD FOUND FOR CORNER,
SAID POINT BEING TH~ SOU'I}{WEST CORN~K OF SAID 3'24.084 ACRI~ WYNNWOOD
PENINSULA, LTD., TRACT;
~-{ENCE, INOP, TH 01 DEGRRES'0i MI~qUTES 30 SECONDS EA.$T,. ALONO TH~ W~ST
LINE OF SAID 324.084 ACRE TRACT, PASSING A
FEET AND CO1w'rINq3~bfG IN ]/2" IRON ROD FOUND AT 132.g0
ALL A TOTAL DISTANCE OF 136.52 FEET TO.-A 5;8" IRON
Page 6 of 11 t~
ROD WITH PLASTIC CAP STAMPED "cARTER & B~/I~.GP_SS,* SET FOR CORN~ SAID
CORNER BEING ~ SO--ST CORNER OF AFORF~AID.~6j84
WYNN'WOOD PENINSULA, LTD. TRACT;
THENCE, NORTH 89 DI~GKF.,ES 10 MINIrt'F~ 23 S]~CONDS WEST, ALON(} ~ gOU'I~.
INE OF SAID 56.584 ACRE TRACT, A DrSTANC]~ OF 2[$3.69 FEET rO TI{E ]POINT OF
F. GINNING AND CONTAINING 605.795 ACRES OF LAND, N[ORE OP. L]~S.
kXHI BIT "B" (cont.
FI Ef~'~ ~ 3 5.0OO acr~ ~'lCt of ~ncl $itu~led in thc B.B .~. ~ C.R.R. S~ VEY. ABS'f~ NO. I g2, ~mo~ C~un y,
and ~ing n ~ of a 324.084 .~ t~t of la~ ~nve~d to Wynnw~ PeniseS, Ltd. ~ d~, ~ot~ i~ CC~ .
93-R~8821, R~l Pr~ny ~ecords. ~nmn Coumy, Texas s~ ~inK ~n ufa 42.~ acre
Wynnw~ Pemnsula, ~d. by d~, r~ in CC~ ~7-R~86390, E~I Pr~y R~. ~ntnn ~un~, T~,
35.~ IC~ I~ct. w dl ~fC~e ~ar ng ~ng ~e Noah pm~y li~ or.id 42.~ acre tract, ~ing ~ ~i~]arly
CUinG at n )~' iron md fou~ for thc ~t Nonl~rly N~hwcst co~r or.id ~24 084 I~ I~ u~ ~ing
on t~ ~uthgrn Eigh<~f-Wly of Bo~ Eoad (A ratable widlh ~ght~f-Way);
T~N~ ~tl~ S3 ~g~c~ 4~ mlnu[~ 45 ~o~ Wc~t. ~long ~ Northwest li~ or.id 324,0~ ~re ~ct lad thc
cumin South linc of I ~ct of Innd d~cd~d a~ trac~ A I and conveyed ~o N~I~ T~t ~ ~, ~ in Voiu~
2163, P~e 433, ~d R~t~, ~mon County. n dism~c el 203.RI f~t ~ a 5/8" iron ~ wi~ ~l~w pl~ik cap
Stam~d 'Caner A. R.rg~" ~et for thc ~O]~ O~ ~EG~;
T~NCE. lenvi~ said cumin linc, over a~d ncms~ ~aid 324.094 acre tract I~ ~id 42.~
S~ 44 ~gr~s 29 mmut~ 07 scco~ ~t. a distn~e of 244 39 f~ to a &~' iron ~ with ~11~ pl~tic ~p
"Cancr& Bu~css" scl for co.er and ~ing the ~ginni~ o~n ~n-~ngenl cu~c Ia t~ left ~ving i cchl~l a~lc of
"Caner & ~ur~ss' ~el for COmer and ~inE Ibc beginning nfa laslgtnl cu~e m t~ ri~ht ~ving
de~mes 35 minut~ 43 ~onds. a radius o[ 16~S.O0 f~ a~ a ~ng c~ t~( ~a~ ~ulb 34
Noah ~ ~gree~ 50 minu~ 4V scce~s West, n d~ta~e of 439.R3 feel 1o a 5/~' ~ron ~ with yellow
~grcg~ 3fi minules 32 ~nds, a mdi~ of 332.50 fc~ a~ a ~g chord that ~n Nunh 48
Page 8 of 11 \~
lint of said '/'mci A !;
T..H~_ _C~, Norlh 53 degree~ ,I ? minme.~ 45 seconds ~sl~ along s~id commo~ IJ~le il dis ence o~'
O1' BEGINNING mod CONTAINING 3.S.000 ~¢rC.~ or' I;md more or las, 2..4.04 fc~ Io the, POINT
NOTE: The Company Js pr~hibiled from m~udng d~c area or Clukmily of th~ }~nd de~'ribed hen:in.
the above IcL~al desc. np~ion of thc kre* or qu&mJly o~' lan~ ~s nol ~ repre~enlJi(ion thai ~uch &rg~ or qu~ily Js Correct,
but is made only (or mform=llon und/or iden~.ificstme purposes I~nd docs no! override It~n 2 of. Scl'-,~dule B hereof'.
Page 9 of 11
BEING A 5.707 ACR~ TRACT OF LAND SITUATED IN TH~ BBB & CCR
ABSTRACT NO. 182, IN ~ CITY OF TH~ COLONY, DI/NTON COUNTY, TEXAs, AND
BFJNG ALL OF TRACT 1, 5.704 ACR~ TRACT OF LAND CONVEYED TO WYNNWOOD
PENINSULA, J.,TD., BY DEED RECORDED IN COUNTY C~ FILE 93-ROO48821,
REAL PROPHRTy RECORDS OF DENTON COUNTY, TEXAS. SAID 5.707 ACRE TRACT
OF LAND BPlNG MORE PARTICUL~P, Ly DESCRiB .F.D BY ME'rI:S AND BOUNDS AS
FOLLOWS:
BEGINNING AT A $/g" IKON ROD WITH PLASTIC CAP STAMI:ED "CAKTI~R &
BUKGESS' SET FOR THE NORTHWEST CORNEK OF SAID f707 ACP, R ~OOD
PENINSULA, LTD. TRACT, SAID POINT BEING IN TH~ OCCUPrm~ SOUTH LINE OF
BOYD ROAD AS CONVEYED BY DEED TO TH]5 COUNTY OF DENTONRECORDED IN
VOLUME 400, P~GE 323, DEED RECORDS, DENTON COUNTY TEXAS, SAID CO~
BEARS NORTH 89 DEGREEs 24 MINUTES 17 SECONDS FAST 46736 PEET FROM A
1/2" IKON KOD FOUND FOR THE NORTHEAST CORNER OF A 324.094 ACRE TRACT
OF LAND CONVEYED BY DEED TO ~OOD PENINSULA, LTD. KECORDI~D IN
SAID COUNTY CLERKS FILE 93-R004gg~3 _ REAL PKOPRRT¥ R~CORDS,
COUNTY, TP, XAS;
THENCE, SOUTH 89 DEGREES 20 MIARJTES 59 SECONDS EAST, ALONG SAID SOUTH
LINE AND ~ NORTH LINE OF SAID 5.707 ACRE TRACT, A DISTANCI~ OF 390.20
FEET TO A 5/8" I~ON ROD WITH PLASTIC CAP STAMPED NCAR t~9. & BURGESS" SET
FOK COKN'F~
THENCE, SOUTH 89 DEGREES 12 NfSN'UTES 44 SECONDS EAST, CONTINIJING ALONG
SAID SOUTH LINE AND THE NORTH LINE OF SAID 5,707 ACRE TRACT, A DISTANCE
'OF 229.80 FEET TO A F. ENCE CORNIER POST FOR CORI~
~CE, SOUTH 08 DEGKEES 02 MINUTES 19 SECONDS WEST, ALONG THE
NORTHERLY LINE OF U.S.A. TRACT G626 OF THE GAKZA-LITTLE ELM lgESF. RVOIR
Page 10 of 11 ~--
PROJECT (NOW CALLED LAK~ LEWISVILLE) CONVEYED BY DEED I~CORDBD IN
VOLUNfE 3 8 1, PAOS 423~ nEED P,.ffCORDs, DENTON COUNTY; TEXAS; A Dk%'TANCE
OF 49.720 FRET TO C.OH MONUNfR~.NO. 626-1 0 FOUND FOR COP, NER: ,
THL~CE, SOUTH 76 DEOREES 03 NfI1WUTES 46 SECOINDS W~ST, CONTIlqUINO
ALONO SAID NORTFIERLY LrN~, A DISTANCE OF 309.51 TO A 5;8" IRON ROD WITH
PLASTIC CAP STAM!~ED "CARTER & BURGESS" SET FOR CORNER 2 FEET SOUTH OF
AND 2.5 FEET WEST OF A FENCE CORNER POST;
THENCE, NORTH 23 DEGR.F_.ES 31 MINUTES 15 SECONDS WEST, CONTINUI]q(3
ALONG SAID NOR~y LINE, A DISTANCE OF 626.50 FEEt TO THE POIIqT OF
BEGINN'~G AND CONTAINING 5.707 ACRES OF LAND, MORE OR LF. SS,