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HomeMy WebLinkAboutRES 062204-R - Correct Boundaies Wolf RanchRESOLUTION NO. ©S22 A RESOLUTION MAKING CERTAIN FINDINGS IN CONNECTION WITH THE WOLF RANCH PUBLIC IMPROVEMENT DISTRICT NO. 1 RELATED TO THE ADVISABILITY OF THE IMPROVEMENTS, THE NATURE OF THE IMPROVEMENTS, THE BOUNDARIES OF THE DISTRICT, THE METHOD OF ASSESSMENT AND THE APPORTIONMENT OF COST BETWEEN THE DISTRICT AND THE CITY AS A WHOLE; REPEALING INCONSISTENT PROVISIONS IN PREVIOUS RESOLUTIONS PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 25, 2004, after proper notice and hearing, the City Council of the City of Georgetown adopted Resolution No. 052504-Q creating a public improvement district to be known as "Wolf Ranch Public Improvement District No. 1;" and WHEREAS, subsequently, it was determined that the boundaries of the Wolf Ranch Public Improvement District No. 1 were larger than intended by both the Petitioners and the City, and included property that was specifically required to be excluded by the "DEVELOPMENT AGREEMENT WITH FORESTVILLE ASSOCIATES, A MARYLAND GENERAL PARTNERSHIP REGARDING DEVELOPMENT OF WOLF RANCH," dated September 11, 2003 (the ` Development Agreement') which states in pertinent parts: 2.7.2.2 Public Utility Improvements Assessment. An assessment shall be levied against the portions of the Property that are not sold as authorized under Section 2.8 of this Agreement and that are not given, dedicated or otherwise conveyed to the City... 2.8 Ownership of the Property and Leasing Obligations. Except for the adjacent outlots to be sold to restaurants or similar businesses and three (3) other portions of the Property to be sold by Simon to major anchor stores, Simon agrees that it shall own the remainder of the Property in fee simple for the term of this Agreement, subject to the provisions of Section 6.6 of this Agreement. .... WHEREAS, the public hearing on this matter was re -opened and a hearing was held on June 22, 2004, notice of which hearing was published in the Williamson County Sun a newspaper of general circulation in the City of Georgetown, Texas, and in the area of the Wolf Ranch Public Improvement District No. 1 that is located in the City's extraterritorial jurisdiction, on June 6, 2004 and mailed to the property owners in the area intended to be included in Wolf Ranch Public Improvement District No. 1 pursuant to Section 372.009(d) of the Texas Local Government Code on June 4, 2004; and WHEREAS, based on information presented at the public hearing and on the above - mentioned Development Agreement, the City Council of the City of Georgetown found and Resolution No. O .C.ZO PID Creation Resolution for Wolf Ranch - Amended Page 1 of determined. that it necessary to limit the size of the Wolf Ranch Public Improvement District No. 1 to be consistent with the above -mentioned Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: Section 1. The statements contained in the preamble and in this Resolution are true and correct and are adopted as findings of fact and operative provisions of this Resolution. Section 2. The City Council, having duly considered the Petition submitted by the property owner in the District No. 1, and the comments and evidence of those who appeared at the public hearings hereby finds that it is advisable that the City of Georgetown exercise the powers granted by Chapter 372, Local Government Code, in connection with the establishment of the District including the construction of improvement projects that will confer special benefits on property in the District, and to levy and collect a special assessment on property in the District, based on the benefit conferred by such project to pay all of the costs of such. improvements as set forth herein: Section 3. The City Council hereby makes the following findings with respect to the creation of the District: A. General Nature of Improvements The creation of the District will provide for public infrastructure improvements classified into the following categories: 1. Public Road Improvements, 2. Public Utility Improvements, and 3. Public On -Site Improvements, as further provided in the Development Agreement regarding development of Wolf Ranch (collectively, the ' Public Improvements"). B. Estimated Cost of Improvements. The estimated cost of the Public Improvements is $29,000,000 detailed in Exhibit A which is also the maximum the City has agreed to contribute to the development of the District. C. The District Boundary. The boundaries of the District are described in Exhibit B attached hereto and incorporated herein. D. Method of Assessment. A Public Road Improvements Assessment shall be levied against property within the District owned by the Landowners, when, on an annual basis 53% of the %2 cent portion of the City's sales tax generated from businesses located within the Property (as that term is defined in the Development Agreement) does not produce revenue sufficient to pay the City s debt service and related reserve funds for the obligations issued by the City to fund the Public Road Improvements. The amount of the Public Road Improvements Assessment shall represent the difference between the amount of the sales tax generated within the Property Resolution No. aogt .� PID Creation Resolution for Wolf Ranch - Amended Page 2 of 4 for the immediately preceding fiscal year ending September 30th and the debt service and related reserves for the obligations issued by the City to fund the Public Road Improvements. A Public Utility Improvements Assessment shall be levied against the property within the District owned by the Landowners when, on an annual basis the utility revenues generated from businesses located within the Property do not produce revenue sufficient to pay the City's debt service and related reserve funds for the obligations issued by the City to fund the Public Utility Improvements. The amount of the assessment shall represent the difference between the amount of the utility revenues generated within the Property for the immediately preceding fiscal year ending September 30th and the debt service and related reserves for the obligations issued by the City to fund the Public Road Improvements for that same fiscal year. In the event the City exercises its option to purchase the Public On -Site Improvements or refinance the obligations issued to finance the Improvements, a Public On -Site Improvements Assessment shall be levied against property within the District when, on an annual basis, 53% of the City's 1 % portion of the sales tax generated from businesses located within the Property does not produce revenue sufficient to pay the City's debt service and related reserve funds for any obligations issued by the City to acquire and/or reimburse the costs related to certain Public On - Site Improvements. The amount of the assessment shall represent the difference between 53% of the City's 1 % portionof the sales tax generated within the Property for the immediately preceding fiscal year ending September 30th, and the debt service and related reserve funds for the obligations issued by the City to fund the Public On -Site Improvements for that same fiscal year. E Apportionment of Costs Between the Distnct and the City. All costs of the District, including administrative costs and costs of collection shall be incurred by the District. F. Management of the District. The District shall be managed solely by the City of Georgetown, Texas. G. Concurrence in Establishment of District. The owners of land to be included in the District request and/or concur with the establishment of the District. H. Establishment of Advisory Board. The City Council intends to administer the affairs of the District utilizing City staff and does not intend to establish an advisory body to develop or recommend an improvement plan to the City or to administer District However, at any time that the City Council deems it to be necessary or advisable, anadvisory body may be established to develop and recommend an improvement plan to the City or to administer the affairs of the District. Section 4. The provisions of Resolution No. 052504-Q relating to establishment and description of the District boundaries that are inconsistent with this Resolution are hereby repealed. Section 5. This Resolution shall be passed finally on the date of its introduction and shall take effect immediately upon its passage and approval by the Georgetown City Council. Resolution No. Q, 71 Pill Creation Resolution for Wolf Ranch - Amended Page 3 of 4 Section 6. The City Secretary is hereby directed to give notice of this action related to the Wolf Ranch Public Improvement District No. 1 by publishing this Resolution once in at least one newspaper of general circulation in the City of Georgetown, and in the area of the Public Improvement District that is located in the City's extraterritorial jurisdiction. Section 7. The City Council directs that a service and assessment plan be prepared for the review and approval by the City Council in accordance with Chapter 372 of the Texas Local Government Code. Section 8. This Resolution shall take effect immediately upon its passage and approval by the Georgetown City Council, and the City Secretary is directed to pubhsh same in a newspaper(s) of general circulation in the area of the District. PASSED, ADOPTED, and APPROVED by the City Council of the City of Georgetown, Texas on the 22nd day of June, 2004. Gary on, Mayor City of Georgetown ATTEST: 7 Sandra Lee, City Secreta City of Georgetown APPROVFD AS TO FORM: Patricia E Carls Brown & Carls, LLP, City Attorney Resolution No. PID Creation Resolution for Wolf Ranch - Amended Page 4 of EXHIBIT A WOLF RANCH PUBLIC IMPROVEMENT DISTRICT NO. 1 IMPROVEMENTS 100.676 ACRES FN WOLF RANCH SUBDIVISION BPI DESCRIPTION NO. 03-128(JJM) JUNE 12, 2003 JOB NO. 1262-01 OF A 100.676 ACRE TRACT OF LAND OUT OF THE CLEMENT STUBBLEFIELD SURVEY, ABSTRACT NO. 558, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OP THE REMAINDER OF THAT CERTAIN 412 ACRE TRACT OF LAND CONVEYED TO JAY L. WOLF BY DEED OF RECORD IN VOLUME 422, PAGE 84 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, ALL OF THAT CERTAIN 1.153 ACRE TRACT OF LAND CONVEYED TO PAUL EDWIN HINDELANG AND WIPE, JUDY WOLF HINDELANG BY DEED OF RECORD IN VOLUME 824, PAGE 434 OF SAID DEED RECORDS, AND ALL OF THAT CERTAIN 0.68 ACRE TRACT OF LAND CONVEYED TO TRAVIS CARTER AND WIFE, JO BETH CARThR BY DEED OF RECORD IN VOLUME 1003, PAGE 150 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 100 676 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a concrete highway monument found at the southwesterly intersection of Interstate Highway 35 (R.O.W. Varies) and State Highway 29 (100' R 0 W.). being the northeasterly corner of a remaining portion of said 412 acre tract; THENCE, SO1°07'26"W, leaving the southerly right-of-way line of State Highway 29. along the westerly right-of-way line of Interstate Highway 35, a distance of 175.29 feet to a 1/2 inch iron rod with cap ect for the POIN3T OF BEGINNING and the northeasterly corner hereof; THENCE, continuing along the westerly right-of-way line of Interstate Highway 35, being the easterly line of the remainder of said 412 acre tract and hereof, the following three (3) courses and distances: 1) SO1°07'26"W, a distance of 523.37 feet to a concrete highway monument found at the point of curvature of a non -tangent curve to the left; 2) Along said non -tangent curve to the left having a radius of 4119.70 feet, a central angle of 16°48'18", an arc length of 1208.32 feet and a chord which bears SO6°39'25"E, a distance of 1203.99 feet to a concrete highway monument found at highway PT -Station 900+20.69 for the end of said curve, 3) S15°03'36"E, passing at a distance of 302.00 feet a 1/2 inch iron rod with cap set for reference, and continuing for a total distance of 604.28 feet to a calculated point in the centerline of the South San Gabriel River for the southeasterly corner of the remainder of said 412 acre tract and hereof, same being the northeasterly corner of Lot 1, Block "A" South Fork Apartments, a subdivision of record in Cabinet F, Slides 341-342 of the Plat Records of Williamson County, Texas; EN 03-128(JJM) JUNE 12, 2003 PAGE 2 OF 3 THENCE, leaving the westerly right-of-way line of Interstate Highway 35, along the centerline meanders of South San Gabriel River, being the southerly line of said 412 acre tract and hereof, and in part the northerly line of said Lot 1 South Fork Apartments, in part the northerly line of those certain tracts of land conveyed to R.W Pearce by deed of record in Volume 695, Page 347 and Volume 635, Page 907, both of said Official Records, in part the northerly lines of Lots 24-30 San Gabriel Heights Section Four, a subdivision of record in Cabinet C, Slide 224 of said Plat Records, and in part the northerly lines of Lot 2 Resubdivision of San Gabriel Heights Section Six, a subdivision of record in Cabinet P, Slide 247 of said Plat Records, the following nineteen (19) courses and distances: 1) 2) N69°52'09"w, 3) N60°55'31°W, 4) N54°21'29"W, 5) N30°22'32"W, 6) N54°16'27"W, 7) N42°3E113"W, 8) N50°45'39"W, 9) N70°59'02"W, 10) 682°47'11"W, 11) S77°17'21"W, 12) 13) 14) 15) 16) 17) 18) N82°31'35"W, a distance of a distance of a distance of a distance of a distance of a distance of a distance of a distance of a distance of a distance of a distance of 565°06'16"W, a distance of S45°07'52"W, a distance S71°38'24"W, a distance S 57°01'55"W, a distance S 71°36'17"W, a distance S87°33'51"W, a distance S 86°18'35"W, a distance 148.00 feet; 186.00 feet; 75.00 feet; 114.00 feet; 56.00 feet; 81.00 feet; 334.00 181.00 221.00 243.00 140.00 131.00 feet; feet; feet; feet; feet; feet; of 59.00 feet; of 209.00 feet; of 155.00 feet; of 56.00 feet; of 156.00 feet; of 82.00 feet; FN 03-128(JJM) JUNE 12, 2003 PAGE 3 OF 3 19) 669°23'45"W, a distance of 45.05 feet to the southwesterly corner hereof, being in the northerly line of said Lot 2 Resubdivision of San Gabriel Heights Section Six; THENCE/ NO2°21116"41, leaving the centerline meanders of the South San Gabriel River, over and across said 412 acre tract for the westerly line hereof, passing at a distance of 126.00 feet a 1/2 inch iron rod with cap set for reference, again passing at a distance of 671.00 feet a cotton spindle set for reference, and continuing for a total distance of 2128 80 feet to a 1/2 inch iron rod with cap set in the southerly right-of-way of State Highway 29, being the northerly line of said 412 acre tract for the northwesterly corner hereof, from which a concrete highway monument found in the southerly line of State Highway 29, being in the northerly line of Lot 1 Legend Oaks Section II, a subdivision of record in Cabinet I, Slide 269 of the Plat Records of Williamson County, Texas, bears 987°38'44"W, a distance of 891.29 feet; THENCE, N87°38'44"E, along the southerly right-of-way line of State Highway 29, being the northerly line of said 412 acre tract and hereof, a distance of 1884.43 feet to a 1/2 inch iron rod with cap set, from which a 1/2 inch iron rod found at the southwesterly right of way cut -back corner of State Ilighway 29 and Interstate Highway 35 bears N87°38'44"E, a distance of 175.29 feet; THENCE, leaving the southerly right-of-way line of State Highway 29, over and across said remaining portion of 412 acre tract, the following two (2) courses and distances: 1) S02°21'16"E, a distance of 257.34 feet to a 1/2 inch iron rod with cap set; 2) S88°52'34"E, a distance of 256.34 feet to the POINT OF BEGINNING, containing an area of 100.676 acres (4,385,447 sq. ft.) of land, more or less, within these metes and bounds. THAT I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION BURY & PARTNERS, INC. ENGINEERS -SURVEYORS 3345 BEE CAVE ROAD, SUITE 200 AUSTIN, TEXAS 78746 JOHN R P STAT T. BILNOSKI S. NO. 4998 OF TEXAS • SCHEDULE Number of Days from date of Simon's Notice to Proceed per Section 1.2(B) of the Development Agreement Start Site Work (Grading/utilities/Storm/Paving) Site Work Substantially Complete Building Pads Prepared (400K +/- s.f) Start Building Construction (400K +/- s.f.) Building Shells Substantially Complete (400K +/- s.f.) Interior Finish Outs Substantially Complete Site Lighting Substantially Complete Site Landscaping and Stgnage Complete Amenities Areas Substantially Complete Ponds/Water Features Substantially Complete Tenants' Fixturing, Stock & Staffing Certificates of Occupancy for 400k+/- s.f. Certificates of Occupancy for remaining 220K +l- s.f. 45 Days 360 Days 180 Days 210 Days 390 Days 480 Days 420 Days 480 Days 510 Days 510 Days 510 Days 510 Days 1050 Days 1 17.170 ACRES PORTION OF WOLF TRACT SIMON PROPERTY GROUP FN NO. 03-145(MJJ) JUNE 30, 2003 BPI JOB NO. 1262-01 20 DESCRIPTION (PLAW OF A 17.170 ACRE TRACT OF LAND OUT OF THE CLEMENT STUBBLEFIELD SURVEY, ABSTRACT NO. 558, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CERTAIN 412 ACRE TRACT OF IUD CONS TO JAY L. WOLF BY DEED -OF RECORD IN VOLUME 422, PAGE 84 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 17.170 ACRES ALSO BEING PROPOSED LOT 1, BLOCK "AR WOLF RANCH SUBDIVISION, A- SUBDIVISION NOT YET OF RECORD; SAID 17.170 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: CDCING, at a concrete highway monument found at the southwesterly intersection of Interstate Highway 35 (R.O.W. Varies) and State Highway 29 (100' R O.W.), being the northeasterly corner of a remaining portion of said 412 acre tract; THING4, leaving the southerly line of State Highway 29, along the westerly right-of-way line of Interstate Highway 35, being the easterly line of the remainder of said 412 acre tract, the following three (3) courses and distances: 1) SO1°07'26'W, a distance of 698.66 feet to a concrete highway monument found at the point of curvature of a non -tangent curve to the left; 2) Along said non -tangent curve to the left having a radius. of 4119.70 feet, a central angle of 16°48' 1B", an arc length of 1208.32 feet and a chord which bears 806°39'25HE, a distance of 1203.99 feet to a concrete highway monument found at highway PT -Station 900+20.69 for the end of said curve; 3) BI5°03'36"E, a distance of 236.12 feet a 1/2 inch iron rod with cap set for the POINT OF BEGINNING and northeasterly corner hereof; _ T ENCS, 815°03'36"E, continuing along the westerly right-of-way line of Interstate Highway 35, being the easterly line of the remainder of said 412 acre tract and the easterly line hereof, a distance of 368.16 feet. to a point at or near the centerline of the South San Gabriel River, for the southeasterly corner of the remainder of said 412 acre tract and the southeasterly corner hereof, same being the northeasterly corner of Lot 1, Block "A" South Fork Apartments, a subdivision of record in Cabinet F, Slides 341-342 of'the Plat Records of Williamson County, Texas; , O , zz© i if FN 03-145(MJJ) JUNE 30, 2003 PAGE 2 OF 4 • • 'YhtsNCE, leaving the westerly, right-of-way line of Interstate Highway 35, along the centerline meanders of the South San Gabriel River, being the southerly line of said 412 acre tract and the southerly line hereof, and in part the northerly line of said Lot I South Fork Apartments, in part the northerly line of those certain tracts of land conveyed to R.W. Pearce by deed of record in Volume 695, Page 347 and Volume 635, Page 907, both of said Official Records, in part the northerly lines of Lots 24-30 San Gabriel Heights Section Four, a subdivision of record in Cabinet C, Slide 224 of said Plat Records, and in part the northerly line of Lot 2, Resubdivision of San Gabriel Heights Section Six, a subdivision of record in Cabinet P, Slide 247 of said Plat Records, the following nineteen (19) courses and distances: 1) N82°31'35"W, 2) N69°52'09"W, 3) N O°55'31"W, 4) N54021129"W, 5) N30°22'32"1, 6) N54°16'27"W, 7) N42°36'13"W, a 8) N50°45'39"W, a 9) N70°59'02"W, a 10) 882°47'll"W, a 11) S77°17'21"W, a 12) 865°06'16"W, a 13) 845°07'52"W, a 14) S7103B'24"W, a 15) S57°02'5591, a 16) 871°36'17"W, a 17) 887°33'51"W, a 18) S86°18'35"W, a a distance of 148.00 feet; a distance of 186.00 feet; a distance of 75.00 feet; a distance of 114.00 feet; a distance of 56.00 feet; a distance of 81.00 feet; distance of distance of distance of distance of distance of distance of • distance of distance of distance of distance of distance of distance of 334.00 181.00 221.00 243.00 140.00 131.00 feet; feet; feet; feet; feet; feet; 59.00 feet; 209.00 feet; 155.00 feet; 56.00 feet; 156.00 feet; 82.00 feet; FN 03 JUNE PAGE -145 (MJJ) 30, 2003 3 OF 4 19) S69°23'45°W, a distance of 45.05 feet to a point in the northerly line of said Lot 2, Resubdiviaion of San Gabriel Heights Section Six, for the southwesterly corner hereof; • THENCE, NO2°21'16"W, leaving the centerline meanders of the South San Gabriel River, over and across said 412 acre tract far the westerly line hereof, passing at a distance of 126.00 feet a 1/2 inch iron rod with cap set for reference and continuing for a total distance of 614.21 feet to -a 1/2 inch iron rod with cap set for the northwesterly corner hereof; THENCE, continuing over and across said 412 acre tract, for the northerly line hereof, the following twelve (12) courses and distances: 1) N87°39'17"E, with cap set 2) N77°44'll'S, with cap set 3) N88°52'58rs, with cap set 4) 582°03'32"E, with cap set 5) S63°40'26"E, with cap set 6) 880°54'14'E, with cap set 7) S59°00'23"E, with cap set 8) 877°37'll"E, with cap set 9) S54039'32"E, with cap set 10) 863°02347'E, with cap set 11) S81°00'40"E, with cap set a distance of 188.50 feet for an angle point; a distance of 194.34 feet for an angle point; a distance of 136.07 feet for an angle point; a distance of 183.08 feet for an angle point; a distance of 117.84 feet for an angle point; a distance of 227.22 feet for an angle point; a distance of 216.92 feet for an angle paint; a distance of 255.58 feet for an angle point; a distance of 477.22 feet for an angle point; a distance of 187.36 feet for an angle point; a distance of 187.36 feet for an angle point; to a 1/2 inch iron rod to a 1/2 inch iron rod to a 1/2 inch iron to a 1/2 to a 1/2 to a 1/2 to a 1/2 to a 1/2 to.a 1/2 to a 1/2 to a 1/2 inch inch inch inch inch inch inch inch iron iron iron iron iron iron iron iron rod rod rod rod rod rod rod rod rod FN 03-145 (MJJ) JUNE 301 2003 PAGE 4 OF 4 12) S89°59'37°E, a distance of 75 61 feet to the POINT OF BEGINNING, containing an area of 17.170 acres (747,925 sq. ft.) of land, more or less, within these metes and bounds. THAT I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. BURY & PARTNERS, INC. ENGINEERS -SURVEYORS 3345 BEE CAVE ROAD, SUITE 200 AUSTIN, TEXAS 78746 MARK J. R.P.L.S. NO. 5267 STATE OF TEXAS • • • • • PUBLIC ROAD IMPROVEMENTS TASK NAME ESTIMATED NUMBER OF DAYS TO COMPLETE (FROM DATE OF S1MON'S NOTICE TO PROCEED PER SECTION 1.2(B) OF THE DEVELOPMENT AGREEMENT)* City of Georgetown Funded Execute S.H. 29 Advanced 30 Funding Agreement Purchase S.H. 29 Right-of-way 180 (Including Water Quality Pond and relocation of utilities) Execute I.H. 35 Advanced Funding Agreement I.H. 35 Front. Road Bridge Water Quality Pond Construction S.H. 29 Interim Construction S.H. 29 Rehabilitation (Including CR 265 E & W) Mobilization Contingency 30 365 60 60 210 City Share of Public Road Not to Exceed Improvements $10.5 Million *Tasks may be accelerated by Letter Agreement signed by all Parties per Section 1.1 of the Development Agreement. es Exhi PUBLIC UTILITY IMPROVEMENTS Wastewater Baseline Improvements** Georgetown Utility Systems -Approximately 2,400 LF of 21" gravity sewer as shown on the City of Georgetown Comprehensive Plan trenched along the San Gabriel River from the west property line to a Lift Station to be located near the west I-35 ROW line, -Approximately 2,100 LF of 8" force main from the Lift Station to FM 2243, -Approximately 1,000 LF of 12" gravity sewer to the west I-35 ROW line, -Approximately 600 LF of 18" gravity sewer bored under I-35 using an intermediate bore pit and installation of a 30" steel encasement. Water Electric **Upsizing of wastewater infrastructure is subject to available funding after completion of baseline scope. *Georgetown Utility Systems -Approximately 3,000 LF of 24" water line from the east property line to the west property line. *Georgetown Utility Systems -Approximately 3,000 LF of buried electric service along the property frontage of SH 29 that is relocated from overhead, -Two underground bores under SH 29 to serve customers on the north side of SH29, -The design will allow for a future underground feeder on SH 29 allowing a loop electrical feed for the Wolf Ranch Development Project as well as a tie Iine to the Leander Road area, - -Relocate existing overhead to new overhead along south side of SH 29 between CR 265 West arid DB Wood, and -Relocate existing overhead to new overhead north of SH 29 west of CR 265 West. Estimated project completion for all projects on this Exhibit is 14 months from the date of Simon's Notice to Proceed per Section 1.2(B) of the Development Agreement.*** Total estimated "Not to Exceed" cost associated with this Exhibit is $3,500,000. *The relocation of portions of these utilities are related to the SH 29 roadway widening and could also be considered a cost of roadway improvements and funded as part of Exhibit `B". The estimated date for completion of all utility relocation will be consistent with the completion schedule of Exhibit `B". ***Tasks may be accelerated by Letter Agreement signed by all Parties per Section 1.1 of the Development Agreement. I f15 PUBLIC ON -SITE IMPROVEMENTS I. Description of Public On -Site Improvements: hM: Water distribution system Storm sewers and drainage ponds Sanitary sewers Electric line relocation and installation Parking lots and on -site roadways Landscape areas Public areas and plazas TOTAL Submission of Data: NOT TO EXCEED $15,000,000 Because the performance based economic development incentive grant payments to be paid by the City to Simon. under the terms of this Agreement are to be based solely on annual sales tax revenue from new or expanded businesses at the Property as set out under Sections 3.3 and 3.4 of the Agreement, the method of providing sales tax data on which to make these payments are to be based is necessary. Such businesses may pgy sales tax monthly, quarterly, or annually, depending on the size of the business. Accordingly, Simon shall obtain a waiver of Sales Tax Confidentiality in the form attached hereto from each business located in the Project on the Property As soon as practical after the end of each year, beginning with the twelve months including the first month during which the 1 % portion of the City's sales tax referred to under Section 3.4.5 is paid to the State of Texas, Simon shall submit to the City the schedule from the Texas Comptroller of Public Accounts pursuant to the Waivers submitted detailmg Sales Tax Revenues broken out for each business in the Project on the Property for which tax sharing is due showing the amount of sales tax paid to the State of Texas for the City for the year. As a backup for the schedule, Simon shall submit the following: 2 ©f A copy of the sales tax reports, received by Simon, filed by each business located in the Project on the Property; and Such other data, as may be reasonably available to Simon, which the City may determine necessary to determine the accuracy of the schedules. OG, ZZ Oil .f p r WAVER OF SALES TAX CONFIDENTIALITY Date I authorize the Comptroller of Public Accounts to release sales tax information pertaining to the taxpayer indicated below to , a corporation, its successors or assigns and the City of Georgetown, Texas. I understand that this waiver applies only to our business located at in Georgetown, Williamson County, Texas. Please print or type the following information as shown on your Texas Sales and Use Tax permit: Name of Taxpayer Listed on Texas Sales Tax Permit Name Under Which Taxpayer is Doing Business (dlb/a or Outlet Name) Taxpayer Mailing Address Physical Location of Business Permitted for Sales Tax in Georgetown, Texas Texas Taxpayer ID Number Tax Outlet Number (As shown on Texas Tax Permit) Authorized Signature' Printed Name: Title: Phone: Date: i The authorized signature must be an owner, officer, director, partner, or agent authorized to sign a Texas Sales Tax Return If you have any questions concerning this waiver of confidentiality, please contact Sandra C. Joseph, Texas Comptroller of Public Accounts at 1(800) 531-5441, Ext. 5-0411. Project Oversight Committee Members For Simon: Joe Stallsmith Curt Tappendorf Marty Mazany (or their designees or replacements) For the City: Tom Yantis Jim Briggs Miclu Rundell (or their designees or replacements) EXHIBIT B REVISED WOLF RANCH PUBLIC IMPROVEMENT DISTRICT NO. 1 BOUNDARIES (see attached map) u®usn®nm1 W UNIVERSITY AVE LOT 5 LOT 1 DRAINAGE EASEMENT & BUFFER PROPOSED WOLF RANCH PUBLIC IMPROVEMENT DISTRICT LOT 2, BLOCK A, WOLF RANCH SUBDIVISION AS RECORDED ON THE 4TH DAY OF DECEMBER, 2003, IN CABINET Y, SLIDES 112, 113, 114, AND 115, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS PROPOSED PUBLIC IMPROVEMENT DISTRICT Cl PROPERTY LINE - WOLF RANCH SUBDV. • ©& zzoQ- xh, PROPERTY LINE 2 df 2 HI -ill ,"• STREAM OR RIVER