10-026 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 10-026
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN
AMENDMENT TO THE GREENSPOINT F.K.A. COLLINSBROOK
DEVELOPMENT AGREEMENT BETWEEN WILBOW-GREENSPOINT
DEVELOPMENT CORPORATION AND THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, an Amendment to the
Greenspoint f.k.a. Collinsbrook Development Agreement between Wilbow-Greenspoint
Development Corporation and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13th day of April, 2010.
.. .
_.................... ..... _..
Ray Smith, Mayor Pro-Tem
ATTEST TO:
....................
lair tliew D. Denton,TRMC
Town Secretary
"
'i
03:35:11 PM pI9 1139
Ircl Y�ts es+res"rus:
Town Meager
Town otProsper
P.O Box 307
Pcosp fr Texas 75079
"NOTICE OF CONFIDENTIALITY RIGHTS:IFYOUARE A NATURAL PERSON,YOU,IIAY REMOVE OR
STRIKE ANY OR ALL OF THE FOLLOMVLNGhNORNIATIONFRONIANY D;STRUsv1ENTTHAT TRANSFERS
AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS.-
YOUR
ECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS'LICENSE NUXIBER."
EMff D " :[19 PAYRLQPMNj AQREEMhNj
(Greenspoint VWa Collinsbrook Development)
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN §
THIS FERST AMENDMENT TO DEV?7 OP N' AGREEMENT (this "First
.Ani i '"')is made and entered into as of the ay of "2010,by and among
WILBOW-PROSPER ONE IIE "IrfiI�OP1wiE T CORPOIATItIN, a Texas corporation
('" 'jAjm"),WILBOW-GREENSPOJNTDEVELOPMENTCORPrI RATION,aTexas
corporation(`°"h 'jjbwr- L%g2jd'),(collectively referred to as"AVbo%y")and the TOWN OF
PROSPER,TEXAS,a Texas home-rile municipality('"Town"); and
WITNESSETH:
WHEREAS,Wilbow-Prosper and T own entered Into that certain Development Agreement
(the" 1 1 Agre mon"'),dated January 27,2006,and filed ofrecord on February 1,,2006
under Clerk's File No.200602010001.34650,Collin County land Records,whereby Wilbow»Prosper
was granted certain rights and undertook certain obligations relating to,among othertbIngs,drat
certain property owned,or potentially to be owned in the ftnture,by Wilbow-Prosper as described
therein(the", qty"'),which agreement Is inc-orporated herellt by reference;and.
WHEREAS,the Development Agreement and First Amendment are collectively referred to
herein as the", ;and
WHEREAS,J, l"b" " "'ofttre DevelopmentAgreement describes and defines 39.111 acres
of land,more or less,owned by Wilbow-Prosper and referred to in the Development Agreement as
the'wpll ')1ltt ' 11 ':and
WHEREAS,FXV,i ,�" 1"oftbe Development Agreement describes and defines 12.9556 acres
of land,more or less,owned by Wilbow-Greenspoint and referred to In the Development Agreement
as the'"Fn±true PIsa ';and
WHEREAS, the Development Agreement further describes additional property located
within tine PD Ordinance(defined in the Development Agreement),which Wilbow represented that it
may purchase in the future(defined in the Development Agreement as the" p
and
FIRST ANIENDAIENT TO DEVELOPMENT AGREEMENT(Greenspolnt A'k/a Colllnsbrook) PAGE 1
(2.19-2010)Nd
1
WHEREAS,subsequent to the execution and filing of the Development Agreement, the
Colliusbrook Phase 1 Property was renamed to the"Greens oin Phaso l(p pe'. All references
to the Col linsbrook Phase l Property In the Development Agreement and this First Amendment shall
mean the Greenspoint Phase I Property;and
WHEREAS,subsequent to the execution and filing of the Development Agreement,the
Future Phase Property became known as the"E§jjjVj#I QrCgjjj"f Ily"'•All references to the
Future Phase Property in the Development Agreement and this First Amendment shall mean the
Estates at Greenspoint Property,Phases 1,2A and 213,now containing 22.606 acres of land,more or
less;and
WHEREAS,subsequent to the execution and filing of the Development Agreement,Town,
by Ordinance No.06-72,amended the PD Ordinance to Include additional tracts of land within the
PD. All references to the PD Ordinance In the Development Agreement and this First Amendment
shall mean the PD Ordinance as amended by Ordinance No.06-72;and
WHEREAS,Wilbow represents that It may purchase additional acreage located within the
PD Ordinance, recognized as the additional possible future phase(s)of the Greenspoint Phase 1
Property(the"-Qrpl It ,lS?ttt PhRM , '). All references to the Future PD Property in the
Development.Agreement and this First Amendment shall mean the Greenspoint Phase 2 Property,
now containing 44.460 acres of land,more or less;and
WHEREAS,,the Greenspoint Phase I Property;the Eslates at Greenspoint Propertyand the
Greenspoint Phase 2 Propertyshall becollectively referred to as the'"ftllp '#asmore particularly
described and/or depicted in,E xhibit" "",attached hereto and incorporated herein for all purposes;
and
WHEREAS,Wilbow desires to fulfill its obligations to pay water,sewer and thoroughfare'
impact fees as prescribed in Town Ordinance No.95-01,as amended by Ordinance Nos,96-17,01-
24,02-19,02-57 and 06-9I,as theyexist or may behereafter amended(individually and collectively
the'1=1L(, .ft ;p`)for the Estates at Greenspoint Property and the Greenspoint Phase 2
Property if acquired by Wilbow;and
WHEREAS, Wilbow desires to fulfill its obligation to pay park improvement fees as
prescribed in Town Ordinance No.03-05,as it exists or may be hereafter amended(the"
'Q&UMM')for the Estates at Greenspoint Property and the Greenspoint Phase 2 Property if acquired
by Wilbow;and
WHEREAS, Wilbow and Town desire to .farrther amend and restate certain specific
provisions of lite Development Agreernent, including but not limited to, the obligrttion for the
payment of water, sewer and thoroughfare impact fees under the Impact Fee Ordinance for the
Greenspoint Phase 1 Property and the obligation for the payment ofpark improvement fees under the
Park Fee Ordinance for lite Greenspoint Phase I Property, and to clarify certain respective
obligations of the parties,all as set forth In more detail below;and
FIRST AAIEND�IENT TO DEVELOPAIENT AGREENIENT(Greenspoint f/kfa Coilinsbrook) PAGE 2
(2-19.2010)x4
WHEREAS,the parties agree that Wilbow may fulfill its obligation to pay water,sewer and
thoroughfare Impact fees and park improvement fees for the Estates at Greenspoint Property and the
Greenspoint Phase 2 Property if acquired by Wilbow In the manner set forth below.
NOW, THEREFORE, in consideration of the premises and the mutual agreements and
covenants contained herein and other good and valuable consideration,the receipt and sufficiency of
which are hereby acknowledged,Wilbow and Town hereby agree as follows:
1. , P&Abil ry, Prior Aareeinen . Except as otherwise stated herein, the terms
defined in the Development Agreement will have the same definition and meaning when utilized in
this First Amendment.
2. Land Sut).JeclThe land that is the subject of this First
Amendment is:
a. the Greenspoint Phase 1 Property,containing approximately 39.111 acres of
land,more or less,situated in the William H.Thomason Survey,AbstractNo.
895,Town of Prosper,Collin County,Texas,as more particularly described
and/or depicted inixini®bit"A."of the Development Agreement,as well as
Exhibit"F"',attached hereto and incorporated herein by reference;and
b. the Estates at Greenspoint Property,containing approximately22.606 acres of
land,more or less,situated in the William H.Thomason Survey,Abstract No.
895,Town of Prosper,Coll in County,Texas,as more particularly described
and/or depicted in Exhibit"F".as well as Exhibit, ,attached hereto and
incorporated herein by reference;and
C. the Greenspoint Phase 2 Property,containing 44.460 acres of land,more or
less,situated in the William H.Thomason Survey,Abstract No.895,Town of
Prosper,Collin County,Texas,as more pardcularlydescribed and/or depleted
in the PD Ordinance,as well as t"sxltibit IT,attached hereto and incorporated
herein by reference.
3. g1dinetit tg PwqKaph I of QgysigalliglilEgnVoph.. of the
Development Agreement is hereby amended and restated in Its entirety as follows:
3. ape elft i
A.
PropeM The Greenspoint Phase 1 Property will be assessed at the rate of
One Thousand, Six Hundred Fifty-Two and No/100 Dollars per lot
($1,652.00/lot),for a total of One Hundred Fifty Thousand,Three Hundred
Thirty-Two and No/100 Dollars($150,332.00),for water impact fees,which
have been fully satisfied pursuant to the terms of the Agreement.
[Subject to the renaming of the Collinsbrook Phase 1 Property to the
Greenspoinl Phase 1 Property as provided herein, subparr raphs 2-4 of
FIRST AMENDMENT TO DEVELOPAIENT AGREEMENT(Greeuspoint ttkta Colllnsbraok) PAGE 3
(2-19.2010)V4
w
u � �
PaMeWpill of the Development Agreement are restaled/it their entirety
here.]
B. es 0'1 tl poiamt Property. The
Estates at Greenspoint Property will be assessed at the rate of (I) One
Thousand, Six Hundred, Fifty-Two and No/100 Dollars per lot
($1,652.00/lot)in Phase 1,for a total of Thirteen Thousand,Two Hundred
Sixteen and No/100 Dollars ($13,216.00); and (ii) Two Thousand, Five
Hundred,Ninety-Five and No/100 Dollars per lot($2,595.00/lot)in Phases
2A and 213,for a total of Thirty-Six Thousand,Three Hundred,Thirty and
No/100 Dollars($36,330.00),for water Impact fees on a one inch(I")meter
connection,which will be collected prior to issuance ofa building permit for
each lot within the subject phase of the Estates at Greenspoint Property.
C. ,y. The
Greenspoint Phase 2 Property will be assessed in accordance with the Impact
Foe Ordinance.
4. Anrendinent to Paragtolt 4 of'D vc oprotaeaat Agrcemeart. QL4.of the
Development Agreement is hereby amended and restated to read in its entirety as follows:
4. e v r 1Pipr voT_eillents Sew X11►' c
A. o
Property. The Greenspoint Phase I Property will be assessed at the rate of
One Thousand, Four Hundred Twenty-Six and No/100 Dollars per lot
($1,426.00/lot),for a total of One Hundred Twenty-Nine Thousand,Seven
Hundred Sixty-Six and No/100 Dollars($129,766.00),for sewer impact fees
on a one inch(F)meter connection, which will be collected prior to the
issuance of a building permit for each lot within the Greenspoint Phase 1
Property.
During construction of the Greenspoint Phase I Property utility
improvements,Wilbow,at it sole cost and expense,constructed a lift station
with a capacity of 0.3585 million gallons per day to provide sewer to tate
Property(the°' t "). The Lift Station was constructed and installed
in accordance with engineering and equipment plans, specifications and
design approved in writing by Town's Engineer. The Lift Station has been
incorporated into Town's public works system as set forth in Town
acceptance letter dated June 1,2006. Wilbow represents that the actual Lift
Station construction costs were Two Hundred Twenty-Three Thousand,Two
Hundred Twenty-Eight and No/1001)ollars ($223,228.00), as more
particularly described in Ear ribit"11'"'",attached hereto and incorporated herein
by reference(the"Lift "'). The phrase')r 1g[S1
airuct� sk"as used in this First Amendment means the actual cost of
the engineering design,staking,installation,testing and inspection ofthe Lift
Station. The Town did not financially contribute to the Lift Station
FIRST AUENDIIENT TO DEVELOPMENT AGREEMENT(Greenspoint Vkh Collinsbrook) PAGE 4
(2-19.2010)v4
Construction Costs. Capacity of the lift station is reserved for use by the
Property. Town and Wilbow agree that any excess capacity, as solely
determined by Town,within the Lift Station maybe reserved for use byall or
a portion,ifavailable,ofthe tract more particularly described and/or depicted
In FW.fit'' ",attached hereto and incorporated herein by reference.Town
and Wilbow agree that Wilbow shall maintain the right and privilege to
assign,sell or convey the excess capacity of the Lift Station to a third party
upon providing the Town with thirty(30)days written notice of the intended
transfer of capacity. Town and Wilbow further agree that the Town shall
have the right,at any and all times,to shut down and abandon the Lift Station
upon the provision of alternative capacity,
B. weE hpagt r=S-Estates at The
Estates at Greenspoint Property will be assessed at the rate of: (i) One
Thousand, Four Hundred Twenty-Six and No/100 Dollars per lot
($1,426.00/lot)in Phase 1, for a total of);levee Thousand,Four Hundred
Eight and No/100 Dollars ($11,408.00); and (Ii) One Thousand, Nine
Hundred,Seventy-Seven and MAW Dollars($1,977.00/lot)in Phases 2A
and 2B,for a total ofTwenty-Seven Thousand,Six Hundred,Seventy-Eight
and No/100 Dollars($27,678.00),for sewer impact fees on a one inch(l")
meter connection,which will be collected prior to issuance of a building
permit for each lot within the Estates at Greenspoint Property.
C. . The
Greenspoint Phase 2 Property will be assessed in accordance with the Impact
Fee Ordinance.
5. lttt Ig.Id.t akW-gp-IL5 (" evelQp111ent Agreement;. rggjh of the
Development Agreement is hereby amended and restated in its entirety as follows:
5. fi 1n, :Y m n./ T , r
A. JhowigLifqpLh�r, re�n ��� gl� 10mg r .
Qr nspW111fitalp . 01 ° . The Greenspoint Phase 1 Property will be
assessed at the rate of One Thousand, Four Hundred Ninety-Eight and
No/100 Dollars per lot($1,498.00/lot),for a total of One Nundred Thirty-Six
Thousand,Three Hundred Eighteen and No/100 Dollars($136,318.00),for
thoroughfare impact fees,which have been fully satisfied pursuant to the
terms of this Agreement.
[Subject to the renaming of the Collhrsbrook Phase 1 Property to the
Greenspoint Phase 1 Properly as provided herehr, subparagraph 2 of
Par graph S of the Development Agreement is restated In Its entirety here.]
B. J11,ta�u �rf�mlpact lees- statea at Grecnspo ntµm(�t j)gr y.
The Estates at Greenspoint Property will be assessed at the rate of.(i)One
Thousand, Four Hundred Ninety-Eight and No/100 Dollars per lot
FIRST AMENDMENT TO DEVELOPMENT AGREENIENT(Greenspoint Ma Colllnsbrook) PAGES
(2.19.3010)A
"I l
4
($1,498.00/lot)for Phase 1,for a total of Eleven Thousand,Nine Hundred
Eighty-Four acrd No/100 Dollars($11,984,00);and(U)FourThousand,P'illy-
Eight and No/100 Dollars per lot($4,058.00/lot)for Phases 2A and 2B,for a
total of Fifty-Six Thousand, Eight Hundred,Twelve and No/100 Dollars
($56,812.00),for thoroughfare impact fees„which will be collected prior to
issuance of building permit for each lotwithin the Fsta,tes of Greenspoint
Property..
C. Ihmuahfarc ,r, _-QE pofiA
The Greenspoint Phase 2 Property will be assessed in accordance with the
Impact Fee Ordinance.
6. a m ra hof D o,p)r � of the
Development Agreement is hereby amended and restated in its entirety as follows:
6. A A&atl .
A. ! r�crWtlt Please 1llstaten G eg�n j .
Contemporaneously with the filing ofthe Greenspoint phase l Property final
plat In the Collin County 1-and Records,Wilbow shall,at its sole cost and
expense,convey to Town fee simple title to Lot IA, Block A, containing
approximately 6.188 acres,more or less,including 1,355 acres,more or less,
lake,as shown on the Greenspoint(Collinsbfoolr)Phase 1 Property final plat,
dated September 7,2005 and approved by the Town on September 13,2005"
a copy ofwhich is attached hereto as&bjbr°and incorporated herein for
all purposes (the a"C lS'), Upon conveyance of the Creek Park as
provided herein,Town will take responsibility for the perpetual maintenance
of the Creek Park and any Town-approved attached improvements installed
and/or constructed in accordance with 17 below, Additionally, upon
Wilbow°s conveyance of the Creek Park as provided in this subparagraph,
Wilbow shall satisfy the parkland dedication requirements,as set forth in[lie
Park Fee Ordinance,for the Greenspoint Phase 1 Property and the Estates at
Greenspoint Property.
B. rept Please 2 Prang, Contemporaneously with the
filing of the Greenspoint Phase 2 Property final plat in the Collin County
Land Records, if Wllbow acquires the Greenspoint Phase 2 property,
W ilbow shall,at its sole cost and expense,convey to Town fee simple title to
approximately 4.685 acres of land,more or less,which includes the surface
area of the soil conservation lake,or approximately 2.992 acres,more or less
(the"L "),as depicted on the Greenspoint Phase 211reliminaryPlat,dated
September 12,2006,situated in the Thomason Survey,Abstract No. 895,
Town of Prosper,Collin County,Texas,as more particularly depicted and/or
described 1nEXhJWM attached hereto and incorporated herein byreference
(tine"< lre ""), Upon conveyance of tire Please 2 Creek Park as
provided herein,Town will take responsibility for the perpetual maintenance
of the Phase 2 Creek Park and any Town-approved attached improvements
t;IRS'fAMENDMENT TO DEVELOPMENT AGREEMENT(Greenspoint Mda Colilnsbrook) PAGE 6
(249.1010).-4
installed and/or constructed in accordance with l7below.Additionally,upon
Wilbow's conveyance of the Phase 2 Creek Park as Provided in this
subparagraph,Wilbowsball satislythe parkland dedication requirements,as
set forth in the Park Fee Ordinance,for the Greenspoint Phase 2 Property.
Town acknowledges that the Greenspoint Phasc2 Propertysball Isave
lots backing to the water surface of the Phase 2 Creek Park, As a covenant
running with the Phase 2 Creek Park,Town shall permit the construction of
structures allowing access to the water surface ofthe lake,includingwooden
docks, The construction of such structures shall be limited to one (1)
structure, not to exceed two hundred (200) square feet, per lot, and the
structure shall not encroach into the surface area of the lake by more than
twenty feet(20'). A building permit issued by the Town shall be required for
any dock described herein to be constructed, The structure shall be
perpetually maintained by the lot owner at their sole cost and expense.
Should the lot owner fall to maintain the wooden dock In a good and
workmanlike manner,the Town may,in its sole discretion and without notice
to the lot owner,remove,or cause the removal of,the dock.
W-LIJ29NI AND2 ATS A$S%QN99§MUREDU:Ljx
tDEQU�LCUS, AgEN0% RSVA MENJAUV&S AM
EMPLOYEE-&El «11 A1212-MAINSL AND-NVAIVES ANY AMJ)41111101118 1123,
"N, ,AND ALL CLAMIS ANDP R PAW"Llj(EBB
L(A) &WAYM LO_ §QNAL.
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4%_N_VW0QDf.ND()gICA fif11 V WDF*s'Tj1j1_AGMtNjbNy,
The Town shall also allow the construction of landscape structures
along the normal water edge,including stone or masonry%valls,but innocase
shall a structure impede the floodplain conveyance. A buildingpermit issued
by the Town shall be required for any landscape structure described herein to
be constructed. All landscape structures shall be perpetually mahitained by
the lot owner at their sole cost and expense. Should the lot owner fall to
maintain the landscape structure in a good and workmanlike manner, the
Town may,in its sole discretion and without notice to the lot owner,remove,
or cause the removal of,the landscape structure.
QQ00, humg-Es' FICE11M. AGF,,M[& BEPgUKN'rAT1VFS iliND
§�NIPLQYFFS.FRONI AND ALWNIM AM WAIVKjA ND AL�h jUs I,%
2pL&_ RIG
6NY AND ALL GLAIMS MILIOR DEQ ItA
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t
WL YEMMREVA -
PRQYjDf-9 IN Ulu's&OUNIEN1.
7. A1i1qadmffljjj_Lo pflraarau�j 7 of DWjgpMML.AgrgVft[Vj, R"Agmph-1 of the
Development Agreement is,hereby amended and restated in its entirety as follows:
FIRST At*]ENDMEtNTTODEVELOP&NIENTAGREE,NFENT(GreenspolntfWaCollinsbrook) PAGE
(2-19-2010)v4
1 l
7. 11 Uproveii3tati. If Wilbow acquires the
Greenspoint Phase 2 property,Wilbow shall,at its sole cost and expense,construct
an extension to the existing Coit Road hike and bike trail and equestrian trail(the
" q v arid. .lel ")generally along Wilbow's Coit Road frontage
within the Estates at Greenspoint Property and the Greenspoint Phase 2 Property,as
more particularly depicted on)exhibit`'1C."',,attached hereto and incorporated herein
by reference(the"CRILRquLfty 111id,Bike,TuMtondofp). If Wilbow acquires
the Greenspoint Phase 2 propert , Wilbow shall also,at Its sole cost and expense,
construct an extension of the hike and bike trail and the equestrian trail within the
Phase 2 Creek Park, which shall Include a trailhead feature, as approved by the
Town's Parks Board,and an extension of the hike and bike trial and the equestrian
trail to Colt Road through a common area In the Greenspoint P,hase2 Property(the
The Coit Road Dike and Bike
Trail Extension and the Phase 2 Creek Park Hike and Bike Trail Extension shall be
collectively referred to herein as the "dike and Bike Trail n oventents''
Additionally,anyreference herein to the" r il"shall refer to and mean the Hike and
Bike Trail Improvements. The Hike and Bike Trail Improvements shall be
constructed of concrete or other material as directed by the Town's Parks Board and
in accordance with any and all other requirements,ordinances and/or regulations of
Town,as they exist,may be amended or in the future arising. At creek crossings or
in wetland areas, as solely determined by Town, the Hike and Bike Trail
Improvements may be constructed of an all-weather deck material,as approved by
the Town's Parks Board The Hike and Blke Trail Iuprovements shall be eight feet
(81)wide,with the provision that when the Hike and Bike Trail Improvements pass.
between two (2) trees desirable for preservation, the Bike and Bike Trail
Improvements width may be reduced to six feet(6')should the spacing between the
trees dictate,as solely determined by Town,such reduction in width. Furthermore,
the Hike and Bike Trail Improvements' alignment shall be allowed to meander as
necessary to preserve existing trees. Notwithstanding anything to the contrary herein,
Wilbow and the Town agree that the Town shall not be responsible for the
maintenance and/or operation of that portion of the Hike and Bike Trail
Improvements which contains the equestrian trail. The final location of the Hike and
Bike Trail Improvements shall be recommended by Wilbow's landscape architect and
are subject to Town's approval.
8. A=jjdmqf Develorinient A^areeltuegt. at"ttgr Vj1 A of the
Development Agreement is hereby amended and restated in its entirety as follows:
S. Eath tg 1):8.11 yAl1ml)t Fl esdlwrlallttent rt ,
A.. ittttl lStes at Grtalint Pronertip ,
1. Park Iu,ployefruerll flees. The Greenspoint Phase 1
Property will be assessed at the rate of One Thousand and No/100
Dollars per lot($1,000.00/lot),for a total of Ninety-One and No/100
Dollars($91,000.00),for park improvement fees due under the Park
Ordinance,which will be collected simultaneously upon Town's final
FUtST AMENDMENT TO DEVELOPMENT AGREEMENT(Greenspoint dWa Colllosbrook) PAGE 8
(249-2010)v4
M
acceptance of the Greenspoint Phase I Property. The Estates at
Greenspoint Property will be assessed at the rate of One Thousand
and NoI100 Dollars per lot($1,000.00/lot),fora total ofTwenty-Two
Thousand and No/100 Dollars($22,000.00),for park improvement
fees due under the Park Ordinance, which will be collected
simultaneously upon Town's final acceptance of the Estates at
Greenspoint Property. The park improvement fees due for the
Greenspoint Phase 1 Property and the Estates at Greenspoint Property
will collectively be referred to herehl as the"flMnspolUl Vjjp§q I and
(hgBgates Park Upon Wilbow'sconveyanceof
the Creek Park as provided in ubparavropli 6,fA) above and the
construction and completion of the park improvements described in
I I "E' CCLq&,Rark Improvements"), attached hereto and
Incorporated herein for all purposes, Wilbow shall satisfy the
Greenspoint Phase l and the Estates Park Improvement Fees.
2. _WA. In connection with construction of the Creek
Park Improvements within the Greenspoint Phase I Property,
Wilbow,at its sole cost,constructed a private irrigation well within a
common area, owned by the Greenspoint Phase 1 Property
Homeowner's Association(the"HOA"),of the Greenspoint Phase 1
Property, as more particularly depicted on Exhibit °"I,'`, attached
hereto and incorporated herein by reference(the" "}. The Wel I
discharges into a creek bed which feeds the lake contained within the
Creek Park(the" moo"). Town grants the right to WI[bow to
use Town Lake for storage of the water generated from the Well. The
stored Well water shall be reserved for the irrigation of the Creek
Park, the Phase 2 Creek Park and common areas 4, 5 and 6 in the
Greenspoint Phase 1 Property,as generally depicted on ¢hi i "! ;,
attached hereto and incorporated herein by reference. Wilbow,at its
sole cost and expense,shall be responsible for,among other things,
perpetually maintaining, repairing and/or operating the Well, in
accordance with all applicable local,state and/or federal laws,rules,
regulations, requirements and ordinances, and for payment of the
electric service to the Well and irrigation located in common areas 4,
5 and 6 in the Greenspoint Phase 1 Property. Additionally,Wilbow,
at Its sole cost and expense, shall be responsible for,among other
things,perpetually maintaining,repairing and/or operating the lake
pump improvements, in accordance with all applicable local,state
and/or federal laws,rules,regulations,requirements and ordinances,
located in the Creek Park, as more particularly depicted and/or
described in&Jnibit'"iyI"„attached hereto and incorporated herein by
reference(the`" 1 p"). Town agrees to grant Wilbow access to
the lake pump for the purpose of Wilbow fulfilling its obligations set
forth in this subparagraph. Upon the Town's acceptance of the
conveyance of the Creek Park,the Town shall be responsible for the
electric services contained within the Creek Park.
FIRST AMENDNIENT TO DEVELONVIENT AGREEMENT(Greenspoint Mda Collinsbrook) PAGE 9
(249-2010)ra
w
9 )
e
3. (�) t`' 1" . In connection with construction of
the Creek Park Improvements within the Greenspoint Phase 1
Property, Wilbow, at its sole cost, shall construct a storm water
discharge distillation pond to be owned by the HOA, as more
particularly depicted on Ix ,t__j ", attached hereto and
incorporated herein by reference (the " 11 "'). The
Distillation Pond shall be located between the fifty-four inch(54")
storm drain headwall and the normal water elevation of Town Lake.
Once the Distillation Pond is operational,as determined by Town,
inlet protection for the Inlets feeding the fifty-four inch(54")storm
drain may be removed by Wilbow at Its sole cost and expense. Tlne
HOA,at its sole cost and expense,shall be responsible for,among
other things,perpetually maintaining,repairing and/or operating the
Distillation Pond,in accordance with all applicable local,state and/or
federal laws,rules,regulations,requirements and ordinances,which
shall include, at a minimum, and among any other laws, rules
regulations,requirements and ordinances described above,removal of
accumulated silt and other maintenance on abi-annual basis. Should
Town determine that the Distillation Pond requires any maintenance,
repair or other action, Town shall notify the HOA, in writing,
providing the HOA thirty (30) days to perform the requested
maintenance. Should the HOA fail to perform the requested
maintenance as provided herein, Town shall reserve the right to
perform said necessary maintenance mid collect reimbursement from
the HOA for any and all expenses incurred by Town in perfonning
the HOA's obligations as set forth herein.
4. tan e C l' P
Wilbow and the Town agree that the Town shall,at its sole cost and
expense, be responsible for the trash removal, the mowing and
trimming trees contained within the Creek Park and Phase 2 Creek
Park. Wilbow and the Town further agree that the HOA shall,at Its
sole cost and expense,be responsible for:(i)maintaining the beds and
edging,and(ii)applying the pre and post weed emurgents within the
Creek Park and Phase 2 Creek Park.
B. i' W§ olnt Phase 2 Property,
1. Park a pi- . If Wilbow acquires the
Greenspoint Phase 2 property, it will be assessed the park
improvement fees due under the Park Ordinance at the time the Town
approves the final plat for the Greenspoint Phase 2 Property.
2. P rk 3toj If Wilbow acquires the
Greenspoint Phase 2 property, Wilbow shall, at its sole cost and
expense, construct, within the Phase 2 Creek Park and the
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT(Greenspoint VW&Collinsbrook) PAGE 10
(2-19,2010)V4
1 )
0
Greenspoint Phase 2 Property common areas,permanent structures to
serve as public Lnprovements, as more particularly depicted on
fi 1` it'`' i (the'Ta 0 1"). The final location of the
Park Improvements shall be recommended by Wilbow's landscape
architect and are subject to Town's approval, Wilbow represents that
the estimated Hike and Bike Trail Improvements and the Park
Improvements construction costs will be equal to or greater than the
Greenspoint Phase 2 Property Park Improvement Fees, as more
particularly described in attached hereto and
incorporated herein by reference (the "moi Ia �lili10,
Costs"). The phrase" , Irovemertts acrd Park
bIipr9y&1pc tits constnici,r t tast "' as used In this Agreement shall
mean the actual cost of the Hike and Bike Trail Improvements,
trallhead feature,as approved by the Town's Parks Board,irrigation,
and other Town-approved improvements within the Phase 2 Creek
Park and common areas related to the Hike and Bike Trail
Improvements and Park Improvements. Wilbow acknowledges and
agrees that Town is relying on Wilbow's representation and warranty
that the Estimated Construction Costs are as described in Exhibit
"O" Prior to receiving any credit described in WWTmSr@pJL=
below, Wilbow shall tender to Town evidence, In a form(s)
reasonably acceptable to Town,that all of the Hike and Bike Trail
Improvements and Park Improvements construction costs have been
paid by Wilbow, including but not limited to, Affidavits of
Payment/Affidavits as to Debts and Liens and any other evidence
reasonably required by Town
3. Nt Qwl
EgiiL17 kWMhWAt1U1W, If Wilbow acquires the Greenspoint
Phase 2 property, and subject to Wilbow fitifilling all of its
obligations in this Agreement, Town will credit the Greenspoint
Phase 2 Property in the amount of the actual Hike and Bike Trail
Improvements and the Park Improvements construction costs,not to
exceed the Oreciispoint Pba polo m,which have
been:(1)incurred and paid by Wilbow as reflected in the Evidence of
Payment(s);and (ii)reviewed and approved in writing by Town's
Engineer (the "ClC ""). If the Greenspoint Phase 2 Park
Improvement Fees exceed The Estimated Construction Costs (the
"I °p ip Par ii.,,; ,"),Wilbow shall pay the Remaining Park Fees
simultaneously upon Town's final acceptance of Greenspoint Phase 2
Property. If,for sonic unforeseen reason,the actual Hike and Bike
Trail Improvements and the Park Improvements construction costs
exceed the Greenspoint Phase 2 Park Improvement Fees (the
Town will,provided such additional costs were
approved by the Town's Parks Board prior to the expenditure and
installation of the subject improvement(s),within thirty(30)days of-
(I)Wilbow's completion of the Hike and Bike Trail Improvements
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT(Greenspoint r1Wa Colllnsbrook) PAGE I l
(2.19-1010)vd
i
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and the Park Lnprovements In accordance with this Agreement and
Town's acceptance of same, and(ii) Wllbow providing Town the
required Evidence of Payment(s),subject to Wllbow fulfilling all of
its obligations in this Agreement, tender the Reimbursement to
Wilbow.
Development Agreement is hereby amended and restat��itseniret a :of the
1 �" y y as follows:.
11, Upon filing of the final pkat for the
Estates at Greenspoint Property,Phase 2A,and before construction of temporary
fire lane,the Town will release up to a total of 12(twelve)building permits for the
Estates of Greenspoint Property,Phases I and 2A. Wilbow and the'rown agree that
Wilbow shall, at its sole cost and expense, construct a temporary fire lane in
accordance with the Town's standards and requirements,connecting the Estates at
Greenspoint Property,Phascs I and 2A to Greenspoint phase 1(the"
'®). The twnpormy fire lane must be completed and accepted by the"fown prior
to the thirteenth(13"s,)'building permit being.'Issued for the Estates of Greenspoint
Property,Phrases I and 2A.The temporary fire lane shall remain in use until such
time as a permanent street in the same alignment is constructed and completed by
Wilbow and accepted bythe'rown.
IO, alt trdntelrt toraa(Iti_l3 ofDevelop y 111'. a1,ph I of
the Development Agreement is hereby amended to add the following subparagraph(f):
13. (f) to refuse to accept any improvements,or a portion thereof,
constructed on and/or within the portion of the property owned by Wilbow.
11. n1e 1 dM 1.t1. QJ l eem m"of the
Development Agreement is hereby amended as follows:
14. Notice.
Town: Town of Prosper
Attn: Town Administrator
P.O.Box 307
Prosper,Texas 75078
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT(Greenspoint We Colllnsbrook) PAGE 12
(2-19.2010)va
Wilbow-Prosper: Wilbow-Prosper One Development Corporation
Attn: Chas Fitzgerald
4131 North Central Expressway,Suite 1140
Lockbox 13
Dallas,Texas 75204
Wilbow-Greenspoint: Wilbow-Greenspoint Development Corporation
Attn. Chas Fitzgerald
4131 North Central Expressway,Suite 1140
Lockbox 13
Dallas,Texas 75204
12. c r 1 eem, n1. Tills First Amendment shall be and is
hereby incorporated into the Development Agreement for all intents and purposes,and except as
otherwise stated herein,the terms,provisions,and definitions of the Development Agreement shall
apply to this First Amendment. Except where Inconsistent with the terms ofthis First Amendment,
the Development Agreement shall control. This First Amendment may not bemodified without the
written consent of the parties hereto.
13. The Development Agreement is hereby
ratified and approved in all respects, except where inconsistent with the terms of this First
Amendment.
14. roc roan Wilbow,its officers,partners,directors,employees,
representatives,agents,successors,assignees,vendors,grantees,and/ortrustees,shall be subject to
all ordinances ofTown,including but not limited to,ordinances relating to construction ofall public
Improvements,w1wher.now existing,'hereafter amended or in the flubire arising,
15. Mialhamii
a. Continuity. This First Amendment shall be a covenant running with the land
and shall be binding upon Wilbow, Its officers, partners, directors,
employee,%,representatives,agents,successors,assignees,vendors,grantees
and/car trustees.
b. Assignment. This First Amendment may onlybeassigned In.accordance with
r�ara erarah l (a, of the Development Agreement.
C. This First Amendment shall be binding and inure to the
benefit of the parties hereto .and their respective heirs, executors,
administrators,legal representatives,successors and assigns,as allowed.
d. Conveyances. Ali conveyances required by the Development Agreement
and/or this First Amendment will be free and clear of any and all liens and
encumbrances.
e. Yestqd' i 1E 1tt , 'tValver. Thesignatories hereto shall be subjectto
FIRST AMENDMENT TO DEVELOPMENT AGREEPUENr(Greenspolat LWA Colllnsbrook) PAGE 13
(2-19-2010)v4
m
al I ordinances of Toven,whether now existing or In the future arising, This
First Amendment shall confer no vested rights reit Wilbow unless specifically
enumerated herein, hi addition,nothing contained In this First Amendment
shall constitute a as defined in Chapter 245, Texas Local
Government Code and nothing In this First Amendment provides the Town
with fair notice of Wilbow's project. VJJMQ&WAIVE-Str
. Tltts
PA t IIALL SURVE'E"ITHE TERNUNA11ON 'I T11l§ RUT
NIEffrctYo/OR THE P w=P
,LNZn AL
,t In any legal proceeding brought to enforce the terms of this
First Amendment and/or tite Development agreement, Including but not.
limited to,a procceding brought pursuant to kar r ,the
prevailing party may recover its reasonable and necessary attorneys, fees
from the non-prbvalling party as permitted by Section 271.159 of the"Texas
Local Government Code,as it exists or may be amended.
g. hw9lVora1tort o &ci .sx The representations,covenants and recitations set
forth in the foregoing recitals of this First Amendment are true and correct
and are hereby Incorporated into the body of this First amendment and
adopted as findings of Town and the authorized representative of Wilbow.
h. Nov°,s� ties/lteuresemntatiorq& All warranties,representations and
covenants made by Wilbow in this First Amendment, the Development
Agreement and/or in any certificate or other Instrument dclivered by Wilbow
to Town under this First Amendment and/or the Development Agreement
shall be considered to have been relied upon by Town and will survive tine
satisfaction of any fees under this First Amendment and/or the Development
Agreement, regardless of ally investigation made by Town or on'l:own*'s
behalf.
I. FnJiMAZEggenqg This First Amendment contains the entire agreement of
the parties with respect to the matters contained herein and may not be
modified or terminated except upon the provisions hereof or by the mutual
written agreement of the parties hereto.
j. Yenue. This First Amendment shall be construed in accordance with the
laws of the State of Texas and shall be performable In Collin County,Texas.
k. QQnsWmfim This First Amendment is executed by the parties hereto
without coercion or duress and for substantial consideration,the sufficiency
of which is forever confessed.
I. onrmn , This First Amendment may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes. A facsimile signature will also be deemedto constitute an original
if properly executed.
FIRST ADIENDMENT TO DEVELOPAiENT AGREEl1IENT(Greenspoint fwgt Coillasbrook) PAGE 14
(2.19.2010)0
n
N
in. Aulhot'ily,.lp lt, The individuals executing this First Amendment on
behalf of the respective parties below represent to each other and to others
that all appropriate and necessary action has been taken to authorize the
Individual who is executing this First Amendment to do so for and on behalf
of the party for which his or her signature appears,that there are no other
parties or entities required to execute this First Amendment in order for the
some to be an authorized and binding agreement on the party for whom the
individual is signing this First Amendment and that each individual affixing
his or her signature hereto Is authorized to do so,and such authorization is
valid and effective on the date hereof. The parties agree that the performance
by the parties under(Itis First Amendment and the Development Agreement
is au(horized by Section 212.071,er seq.,of the Texas Local taovemnient
Code.
n. 2A,i vrabill In case any one or more of the provisions contained in
this First Amendment shall for any reason be held to be invalid, illegal or
unenforceable in any respect,such Invalidity,illegality or unenforceability
shall not affect anyother provision hereof,and this First Amendment shall be
construed as if such invalid, Illegal or unenforceable provision had never
been contained herein.
O. RgW&HWaftEach signatory represents this First Amendment has been
read by the party for which this First Amendment is executed and that such
party has had an opportunity to confer with its counsel.
P. a tmrti' The parties agree that the Town has not waived its
sovereign immunity by entering into and performing its obligations under this
First Amendment and/or the Development Agreement,
q. ,tom' ird Party B&RqfiAWgj.,Nothing in this First Amendment shall be
construed to create any right in any third parry not a signatory to this First
Amendment, and the parties do not intend to create any third party
beneficiaries by entering into this First Amendment.
r. Waiver. Waiver by any party of any breach of this First Amendment and/or
the Development Agreement,or the failure of either party to enforce any of
the provisions ofthis First Amendment and/or the Development Agreement,
at any(irne,shall not in any way affect„ limit or waive such party's right
thereafter to onforce and compel strict compliance.
S. hidemni The parties agree that the Indemnity provisions set forth in
andI herein are conspicuous and the parties have read and
understood the same.
t. Miscellaneous DrqftjLnSYY yt.j& This First Amendment shall be deemed
dratted equally by all parties hereto. The language of all parts of this First
FIRST AMENDAIENTTO DEVELOPivIENTAGREENIENT(Greenspolutwo Collinsbrook) PAGE 15
(2-19-2010)v4
n .
pI
W
Amendment shall be construed as a whole according to its fair meaning,and
any presunaptlon or principle that the language herein is to be construed
against any party shall not apply. Headings in this.'First Amendment are for
the convenience of the parties and are not intended to be used in construing
this document.
EXECUTED effective as of tha day of 2010.
WILBOW'-1'1t SPER ONE
DEVELOP NT CORPORATION,
a Texas co: io
By.
Charles Fitzgena d;,President
THE STATE OF TEXAS §
COUNTY OF DALLAS §
e
This Instrumentwas acknowledged before me on the �>M day of .... 20I0,by
Charles Fitzgerald,President ofWILBOW-PROSPER ONEDEVELOPMEI CORPORATION,a
Texas corporation,on behalf of said corporation. �r
e.
Notary Public atofTexas
MAIGMtr A Cs6DY WILBOW-GREENSPOINT
MY COMMI 104 DEVELOPMENT CORPORATION,
tl1l, 01#t a Texas co abort
Byr _
Charles Fit ger ld,11resident
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the L3 day of „2010,by
Charles Fitzgerald,President ofWILBOW-GREENSPOINT DEVI 1 JPly EN'"CORPORATION,a
Texas corporation,on behalf of said corporation.
MARO
MV" 'tiRlon Expltsa Not Public taeof xas�.-
L–�
May 30,2012 Notary
--L—M MEN,
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT(Greenspoint Mda Coliinsbrook) PAGE 1b
(2-19-2010)v4
THE TOWN OF PROSPER,T+ AS,
a home-rule municipal
BY: .-..
tela,t"o Manager
THE STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on the of
2010,by Mike Land,Town Manager ofthe TOWN O° P TEXAS ��beltalCofsaid Town.
1'u Iic,State o ' exas _._..�.
After Recording Relprn To:
Town of Prosper
Secretary
113 D D Ohp g
113 West Broadway Notary Public,
P. Box " State of Texas
Prosper,Texas 75078 Aq
At
FIRST ArvIENDIMENTTO DEVELOPMENTAGREEAIENT(Greenspoint fiva Colllnsbrook) PAGE l7
(2-19-2010)v4
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
LIST OF EXHIBITS
Exhibit"A" Greenspoint Phase 1 Property
Exhibit"B" Estates at Greenspoint Phase 1 Property
Exhibit "C" 12"Waterline
Exhibit"D" Waterline Improvement Construction Costs
Exhibit"E" Creek Park Trail Construction Costs
Exhibit"F" The Property
Exhibit"G" Estates at Greenspoint Phase 1, 2A and 213 Property
Exhibit"H" Lift Station Construction Costs
Exhibit"I" Lift Station Service Area
Exhibit"J" Greenspoint Phase 2 Property
Exhibit "K" Hike & Bike Trail Extension
Exhibit "L" Common Areas 4, 5 &B and Well Location
Exhibit"M" Lake Pump and Distillation Pool Location
Exhibit"N" Phase 2 Creek Park Improvements
Exhibit"O" Estimated Construction Costs
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EXHIBIT C
12" WATERLINE
600 250 0 No - Jones & Boyd, Inc.I
17090 Dallas Parkway,Suite 200
1 inch = 600 ft. ; W,V Dallas,Texas 75248
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Tel:9I2-248 7678
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Exhibit D
WATERLINE IMPROVEMENT CONSTRUCTION COSTS
IMPROVEMENT COST
Off-Site Water(East First Street Adiacent to Proper! $43.602
Off-Site Water(From West Propert Lfnt to Coit Road) $43.693
Off-Site Water(First Street From Coit Road to La Clma Connection) $97.077
Off-Site Water(Coit Road to Whispering Farms Connection) $104,806
Enaineerina Design $5,000
Surveying&Staking $4,000
Construction Financing $20,865
Total Off-Site Water Iraq rovements $318,942
1 )
Exhibit E
Actual Construction Cost
Creek Park at Greenspolnt Phase 1 Property
Portion of the
Cost Qualifying
Park Improvement Contractor for Park Credit
Landscape/Irrigation Desi i TBG $2,500.00
8'Concrete hike&bike trail LH Lacy $51,907.00
Trail extension to dock&N property line Fat Cat Construction $4,180.00
Underbrush 6 acres&mulch SW Erosion Control $23,380.00
Construct tree beds and equestrian trail SW Erosion Control $7.315.00
Park Seeding SW Erosion Control $1,170.00
Fine tree trhmnin Rafiel Tree Service $1,500.00
Park Fine Gradine American Eagle $2,510.00
Extend 60"storm ripe for trail crossing KCK Utility Contractors $2,160.00
Park Hvdromulch CGreen Landscape $5,072.00
Sod&additional irrigation north end of nark Garden Design Group $16,820.00
Irrigation&Lake pump Johnson Turf $34,195.00
In igation and Landscaue at Park entrance Johnson Turf $15,000.00
Irrigation well 50% Earth Tech $17,500.00
Mectric service to pilin West Electric $1.0 939,00
Fishing Dock Liberty Dock S2m2arty $10652.00
Dock&bench installation Michael Lightcan $1,100.00
4 Park Benches Southwest Park&PIa rounds $1,780.00
Park Picnic Tables Southwest Park&Playgrounds $928.00
Park Monuments _ Whites Texas Stone $1,550.00
Park Signage Texas Advertising $852.00
Iron Railing Netloc Inc $1,440.00
Total $214,450,00
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EXHIBIT
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17090 Gallas Parkway,Suite 200 a Piandng
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EXHIBIT F (CONT.)
LEGAL DESCRIP'T'ION—GREENSPOINT PHASE 1 PROPERTY
WHEREAS,WILBOW-PROSPER ONE DEVELOPMENT CORPORATION Is the owner of a tract of land situated In
the Town of Prosper,Collin County,Texas,being a part of the William H.Thomason Survey,Abstract No.895,a part
of that 80.344 acre tract of land conveyed to Swisher Partners,L.P.as recorded In Volume 5468,Page 6173,Collin
County Deed Records, and being all of that called 39.307 acre tract of land conveyed to Wilbow-Prosper One
Development Corporation as recorded in Volume 5846,Page 2754,Collin County Deed Records, and being further
described as follows:
COMMENCING at a five-eighths Inch iron rod found at the Southwest comer of said W1111atn 1I.°Thomason Survey,
said point being the junction center of County Road No, 80, County Road No,79,County Road No.74 and County
Road No. 78,said point also being,the southwcst corner of said 80.344 acre tract,said point also being the southeast
comer,of a tract of land conveyed to Sexton farms Ltd,as recorded In Volume 4673,Page 778,Collin County Deed
Records, said point also being the northeast comer of a tract of land conveyed to Mustang-Midway Plano, Ltd. as
recorded In County Clerk's File Number 96-0038753,Collin County Deed Records,said point also being the northwest
corner of a tract of land conveyed to%V.H.Rasor III as recorded in County Clerks File Number 97-0088102,Collin
County Deed Records;
THENCE North 00 degrees 01 minutes 30 seconds East, 1051.87 feet along the west line of said 80.344 acre tract,
along the east line of said Sexton tract and along the centerline of County Road No.80 to a P.K.nail set for comer in
the west line of said called 39.307 acre tract and the POINT OF BEOINNINO of this tract of land;
THENCE North 00 degrees 01 minutes 30 seconds East,253.35 feet along the east line of said Sexton tract and along
the centerline of County Road No.80 to a one-half inch iron rod found at the northwest corner of said 80.344 acre tract,
said point being the northwest corner of said called 39.307 acre tract,said point also being the southwest comer of a
tract of land (Tract Three) conveyed to Mary Ann Barlow Vowen as recorded in Volume 2172, Page 526, Collin
County Deed Records;
THENCE South 89 degrees 58 minutes 00 seconds East,2284.53 feet along the north line of said 80.344 acre tract and
along the south line of said Tract Three to a point at lite northeast comer of said called 39.307 acre tract,said point
being being the northwest comer of tract of land conveyed to TDI Prosper 24,Ltd.as recorded in Volume 5543,Page
2597,Collin County Deed Records,said point also being in the approximate centerline of a creek;
THENCE along the east line of said called 39.307 acre tract,along the west line of said TOT tract and generally along
the approximate centerline of a creek as follows;
South 45 degrees 13 minutes 08 seconds West,105.14 feet to a point for comer;
South 49 degrees 58 minutes 14 seconds Nest,156.27 feet to a point for comer;
South 39 degrees 31 minutes 44 seconds%Vest,62.10 feet to a point for comer,
North 71 degrees 57 minutes 15 seconds West, 114.79 feet to a point for comer;
South 22 degrees 32 minutes 54 seconds West,55.79 feet to a point for comer;
South 22 degrees 38 minutes 28 seconds East,90.43 feet to a point for corner,
South 47 degrees 26 minutes 03 seconds West,71.88 feet to a point for comer;
South 59 degrees 20 minutes 58 seconds West,75.45 feet to a point for corner,
South 43 degrees 32 minutes 53 seconds East,41.05 feet to a point for corner;
South 13 degrees 25 minutes 13 seconds East,39.45 feet to a point for comer;
South 07 degrees 13 minutes 37 seconds West, 107.47 feet to a paint for comer;
South 14 degrees 18 minutes 48 seconds East,77.74 feet to a point for comer;
South 52 degrees 13 minutes 58 seconds East,95.12 feet to a point for comer;
South 16 degrees 47 minutes 29 seconds East,42.69 feet to a point for comer;
South 31 degrees 42 minutes 36 seconds West,31.79 feet to a point for corner;
South 69 degrees 52 minutes 51 seconds West,84.25 feet to a point for comer;
South 39 degrees 23 minutes 53 seconds West,33.38 feet to a point for comer;
South 15 degrees 38 minutes 32 seconds West,80.55 feet to a point for comer;
South 01 degrees 13 minutes 45 seconds East,41.20 feet to a point for comer;
South 50 degrees 38 minutes 08 seconds West,43.39 feet to a point for comer;
South 78 degrees 00 minutes 18 seconds West,34.52 feet to a point for comer;
South 89 degrees 08 minutes 38 seconds(Vest,40.60 feet to a point for comer;
South 84 degrees 19 minutes 35 seconds West,37.90 feet to a point for comer;
1
I'
South 34 degrees 35 minutes 40 seconds West,42.00 feet to a point for corner;
South 29 degrees 25 minutes 15 seconds East,48.00 feet to a point for comer;
South 33 degrees 00 minutes 57 seconds East,31.52 feet to a point for comer;
South 44 degrees 53 minutes 23 seconds East,52,59 feet to a point for comer;
South 13 degrees 20 minutes 11 seconds East, 16.71 feet to a point for comer;
South 04 degrees 10 minutes 07 seconds East,9.02 feet to a point for comer;
South 21 degrees 36 minutes 51 seconds West,7.72 feet to a point for comer;
South 55 degrees I 1 minutes 53 seconds West,35.56 feet to a point for comer;
South 63 degrees 56 minutes 03 seconds West, 14.03 feet to a point for comer;
South 49 degrees 59 minutes 32 seconds West,68.56 feet to a point for corner;
South 39 degrees 38 minutes 10 seconds West.61.51 feet to a point for comer;
South 17 degrees 43 minutes 33 seconds West,27.64 feel to a one-half inch iron rod set at the southeast comer of
said called 39.307 acre tract,said point being the southwest comer of said TDI tract,said point being in the south line
of said 80.344 acre tract,said point also being in the centerline of County Road No.79;
THENCE North 89 degrees 36 minutes 34 seconds West,763.11 feet along the south line of said 80.344 acre tract and
along the centerline of County Road No.79 to a one-half inch iron rod set at the southwest comer of said called 39.307
acre tract;
THENCE along the west line of said called 39.307 acre tract as follows:
North,479.81 feet to a one-half inch iron rod set for comer;
Northwesterly, 142.94 feet along a curve to the left having a central angle of 45 degrees 00 minutes 00 seconds,a
radius of 182.00 feet,a tangent of 75.39 feet,and whose chord bears North 22 degrees 30 minutes 00 seconds West,
139.30 feet to a one-half inch Iron rod set for comer;
North 45 degrees 00 minutes 00 seconds West,559.50 feet to a one-half inch iron rod set for comer;
Northwesterly, 142.94 feet along a curve to the left having a central angle of 45 degrees 00 minutes 00 seconds,a
radius of 182.00 feet,a tangent of 75.39 feet, and whose chord bears North 67 degrees 30 minutes 00 seconds West,
139.30 feet to a one-half inch iron rod set for corner;
West,257.47 feet to the POINT OF BEGINNING and containing 1,712,397 square feet or 39.311 acres of land.
LEGAL DESCRIPTION-GREENSPOINT PHASE 2 PROPERTY
WHEREAS,DAUTERMAN FAMILY IRREVOCABLE TRUST and MARY ANN HARLOW VOWAN are the
owners of all that tract of land in the Town of Prosper,Collin County,Texas,being a part of the William H.Thomason
Survey,Abstract No.895,being a part of a tract of land conveyed to Dauterman Family Irrevocable Trust as recorded
1n Document No.20061212001746620,Collin County Deed Records,being a part of a tract of land conveyed to Mary
Ann Barlow Vowan as recorded In Volume 2172,Page 526,Collin County Deed Records,and being further described
as follows:
BEGINNING at a P.K nail found at the northwest comer of said Dauterman tract,said point being the southwest
comer of Do Estates at Greenspoint,an addition to the Town of Prosper as recorded In Volume 2007,Page 151,Collin
County Plat Records,said point being in the centerline of Colt Road,said point being in the cast line of a tract of land
conveyed to Sexton Farms,Ltd.as recorded in Volume 4673,Page 778,Collin County Decd Records;
THENCE North 84 degrees 37 minutes 31 seconds East,143.11 feet along the north line of said Dauterman tract to a
one-half inch iron rod found for comer in the south line of Estates at Greenspoint,Phase 2A,an addition to the Town of
Prosper as recorded in Volume 2008,Page 168,Collin County Plat Records;
THENCE along the south line of said Estates at Greenspoint,Phase 2A as follows:
South 37 degrees 16 minutes 36 seconds East,164.91 feet to a one-half inch iron rod found for comer;
North 84 degrees 37 minutes 31 seconds East,930.27 feet to a one-half inch Iron rod found at the southeast
comer of said Estates at Greenspoint,Phase 2A,said point being the southwest comer of a tract of land conveyed to
Wilbow-Greenspoint Development Corporation as recorded in Document No.20071227001703100,Collin County
Deed Records,
THENCE along the south line of said 1Vilbow-Greenspoint tract as follows:
South 73 degrees 55 minutes 31 seconds East,42.65 feet to a one-half inch iron rod found for comer;
South 41 degrees 52 minutes 55 seconds East,130.00 feet to a one-half inch iron rod found for comer;
North 48 degrees 07 minutes 05 seconds East, 172.00 feet to a one-half inch iron rod found for corner;
South 41 degrees 52 minutes 55 seconds East,87.40 feet to a one-half inch iron rod found for comer;
North 48 degrees 07 minutes 05 seconds East,202.57 feet to a one-half inch iron rod found for corner;
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North 84 degrees 37 minutes 31 seconds East,165.00 feet to a one-half inch iron rod found at the southeast
comer of said Wilbow-Greenspoint tract;
THENCE North 05 degrees 23 minutes 16 seconds West, 107.50 feet along the east line of said Wilbow-Greenspoint
tract to a three-eighths inch iron rod found in the north line of said Dauterman tract,said point being in the south line of
a tract of land conveyed to Chuck Green as recorded In Volume 4527,Page 2008,Collin County Deed Records;
THENCE North 84 degrees 37 minutes 31 seconds East,898.94 feet to a point at the northeast comer of said
Dauterman tract,said point being the southeast corner of said Green tract,said point being In the west line of
Whispering Farms,Phase 1,an addition to the Town of Prosper as recorded in Volume Q,Page 176,Collin County Plat
Records;
THENCE South 00 degrees 45 minutes 38 seconds West,941.06 feet to a point at the southeast comer of said Vowan
tract,said point being In the west line of a tract of land conveyed to Prosper 139,Ltd.as recorded in Volume 5550,
Page 3551,Collin County Deed Records,said point being the northeast comer of tract of land conveyed to TDI
Prosper 24,Ltd.as recorded in Volume 5543,Page 2597,Collin County Deed Records;
THENCE North 89 degrees 58 minutes 00 seconds West,2673.32 feet to a one-half inch iron rod found at the
southwest comer of sold Vowan tract,said point being the northwest comer of Greenspoint,Phase 1,an addition to the
Town of Prosper as recorded in Volume 2006,Page 345,Collin County Plat Records,said point being in the centerline
of Coit Road,said point being In the east line of said Sexton Farms tract;
THENCE North 00 degrees 15 minutes 33 seconds East,687.03 feet along the centerline of Coit Road and along the
east line of said Sexton Farms tract to the POINT OF BEGINNING and containing 1,936,678 square feet or 44,460
acres of land.
LEGAL DESCRIPTION—ESTATES AT GREENSPOINT PHASE 1,2A,2B PROPERTY
BEING all that tract of land In the Town of Prosper,Collin County,Texas,part of the William H.Thomason Survey,
Abstract No,895,being all of The Estates at Greenspoint,an addition to the Town of Prosper as recorded in Volume
2007,Page 151,Collin County Plat Records,being all of a 12,9556 acre tract of land conveyed to Wilbow-Greenspoint
Development Corporation as recorded In Volume 6066,Page 1879,Collin County Deed Records,being all of a tract of
land conveyed to Olen Hobart Miller as recorded in Volume 5705,Page 5179,Collin County Deed Records,being part
of a tract of land conveyed to Chuck Green as recorded in Volume 4527,Page 2008,Collin County Deed Records,
being all of a 5.561 acre tract of land conveyed to Wilbow-Greenspoint Development Corporation as recorded In
Document No.20071227001703100,Collin County Deed Records and being further described as follows:
BEGINNING at a P.K.nail found at the southwest corner of said Estates at Greenspoint,said point being the southwest
comer of said 12.9556 acre tract,said point being the northwest comer of a tract of land conveyed to Dauterman family
Irrevocable Trust as recorded in Document No.20061212001746620,Collin County Deed Records,said point being in
the centerline of Coit Road,said point being in the east line of a tract of land conveyed to Sexton Farms,Ltd,as
recorded in Volume 4673,Page 778,Collin County Deed Records;
THENCE North 00 degrees 13 minutes 49 seconds West,341.02 feet along the centerline of Coit Road and along the
cast line of said Sexton Farms tract to a P.K.nail found at the northwest comer of said Estates at Greenspoint,said
point being the northwest comer of said 12.9556 acre tract;
THENCE North 71 degrees 23 minutes 57 seconds East,204.80 feet along the north line of said Estates at Oreenspolnt
and along the north line of said 12.9556 acre tract to a point for comer in the south line of Whispering Fames,Phase 2,
an addition to the Town of Prosper as recorded in Volume 2006,Page 48,Collin County Plat Records,said point being
In the centerline of a creek;
THENCE along the north line of said Estates at Greenspoint,along the north line of said 12.9556 acre tract,along the
south line of said Whispering Farms,Phase 2 and generally along the centerline of said creek as follows:
South 60 degrees 52 minutes 27 seconds East,56.21 feet to a point for comer;
South 24 degrees 57 minutes 12 seconds East, 119.49 feet to a point for comer;
South 72 degrees 49 minutes 43 seconds East,57.28 feet to a point for corner;
North 39 degrees 34 minutes 37 seconds East,92.32 feet to a point for comer;
North 50 degrees 38 minutes 35 seconds East,57A I feet to a point for comer;
North 36 degrees 33 minutes 23 seconds East,62.18 feet to a point for comer;
North 80 degrees 44 minutes 53 seconds East,144.15 feet to a point for comer;
1
fNorth 69 degrees 27 minutes 12 seconds But,85.50 feet to a point for corner;
North 88 degrees 20 minutes 48 seconds East,111.84 feet to a point for comer;
North 57 degrees 51 mimrtes 27 seconds East,337.31 feet to a point for corner;
North 59 degrees 49 minutes 59 seconds East, 124.75 feet to a point for corner;
North 81 degrees 42 minutes I 1 seconds East,69.61 feet to a point for comer;
South 74 degrees 38 minutes 55 seconds East,53.70 feet to a point at the northeast comer of said Estates at
Greenspoint,said point being the northeast comer of said 12.9556 acre tract,said point being the northwest comer of
said Miller tract;
THENCE along the south line of said Whispering Farms,Phase 2,along the north line of said Miller tract and generally
along the centerline of said creek as follows:
South 74 degrees 38 minutes 55 seconds East,83.18 feet to a point for comer;
South 46 degrees 56 minutes 05 seconds East,29.56 feet to a point for corner;
South 57 degrees 48 minutes 15 seconds East,115.87 feet to a point for comer;
South 36 degrees 40 minutes 33 seconds Last,100.97 feet to a point for comer;
South 59 degrees 37 minutes 29 seconds East,40.74 feet to a point for comer;
South 79 degrees 09 minutes 20 seconds East,62.51 feet to a point for comer;
North.66 degrees 05 minutes 47 seconds East,56.49 feet to a point for comer,
North 22 degrees 57 minutes 52 seconds East,24.18 feet to a point at the northeast corner of said Miller tract;
THENCE South 05 degrees 23 minutes 16 seconds East,366,91 feet to a three-eighths inch iron rod found at the
northeast comer of said 5.561 acre tract,said point being In the south line of said Green tract,said point being in the
north line of said Dauterman tract;
THENCE South 05 degrees 23 minutes 16 seconds East, 107.50 feet to a one-half inch iron rod found at the southeast
comer of said 5.561 acre tract;
THENCE along the south line of said 5.561 acre tract as follows:
South 84 degrees 37 minutes 31 seconds West,165.00 feet to a one-half inch Iron rod found for comer;
South 48 degrees 07 minutes 05 seconds West,202,57 feet to a one-half inch iron rod found for comer;
North 41 degrees 52 minutes 55 seconds West,87.40 feet to a one-half hrch Iron rod found for comer,
South 48 degrees 07 minutes 05 seconds West,172.00 feet to a one-half inch Iron rod found for comer;
North 41 degrees 52 minutes 55 seconds West,130.00 feet to a one half inch iron rod found for comer;
North 73 degrees 55 minutes 31 seconds West,42,65 feet to a one-half inch iron rod found for comer;
South 84 degrees 37 minutes 31 seconds West,930.27 feet to a one-half inch iron rod found at the southwest
comer of said 5.561 acre tract;
North 37 degrees 16 minutes 36 seconds West,164.91 feet to a one-half Inch iron rod found at the northwest
comer of said 5.561 acre tract,said point being in the north line of said Dauterman tract,said point being In the south
line of said 12.9556 acre tract;
THENCE South 84 degrees 37 minutes 31 seconds West,143.11 feet along the south line of said 12.9556 acre tract and
along the north line of said Dauterman tract to the POINT OF BEGINNING and containing 984,730 square feet or
22.606 acres of land.
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EXHIBIT IT G
FB4r Engineering
Jones&Boyd,Inc. wr Surveyno
17099 Dallas Parkway,Suite 200 ar Planting
pellas,Texea 76240 aw landscape
972.249.7676 offioe Anhikocture
972.240.1414 fax a Construction
www.jon&s•boycl.corn Management
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EXHIBIT H'
LIFT STATION CONSTRUCTION COST
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Litt Station lenproverilenis
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IMPROVEMENTS, QTY UNIT UNIT COST TOTAL COST
Lift station(Smith pump)Induding all related appurtenances,concrete pad,electric service,
service light,Scada System,W thick crushed stone drive w/geotextile fabric,complete in
VOW 1 LS $801100„00 $80000,00
0”dlameler force mein pfpa including irendhr Vater tape,embedment,backfill,and
comoaction 3,610 LF $13.40 S47.034.00
6"force main air release valve ccrrrlte In place _ 1 FA 52.620.00 _ $2.620.00
Concrete encasement of W force main,complete In place 40 LF $25,00 $1.000.00
Remove and replace existfna aravel drive in force main alignment,comolete In place 2 Fro $250.00 $600.00
Connect to eAsGng maahola,cora,dote In place I EA 080.00 $680.00
Excay.gWn as sty and support systerro Wtiading excavation ref t inm Hca`trench over 6
In deolh,comolele In place 3.610 LF
$0,20 $702.00
Upsizo L1lt Station Punas&equipment by change order#1 1 LS $12L330,00 61%33040
6'Dia Standard Manhole(20'Daeo)to re-allan main to lift station by chanae order#1 1 EA $6.310.00 $6.310.00
Upsize Wet well to 12x,12 cast In plate Concrete b change order 02 1 LS $22,660,00 622 850.00
Raven coat appllcaEfon to wal I of Wet Well and grout bottom for positive flow by change
order 04 1 LS $7,653.00 $7.653.00
PVC drainage IWO and main line for lift station ad 1 LS $1,3'07.00 1r'1 307.00
e d 2'wldewood gale with Iron frame 1 LS $4,176.60 $4,176.60
8 fence an1
wooden security.._._.. w� __.._.... .
6"Concrete driveway access to lift station as requlred(or Town access 121 SY $23.00 52.773,80
Removable bollards on concrete access driveway 2 FA $678.00 51.156.00
Build'0nal rade at tlfl statin __ 1 LS ___$250 00 $260.00
Retaining wall as requlred for access ddveway grade and grade at lift station pad 1,380 SF mm $7.70 $10.626.00
CIVIL DESION,SURVEYANDTESTINOI QTY UNIT UNITCOST TOTAL COST
Town of Prosoer Inspection Fees 3% FEE $190,890.00 $5.726.70
Material testing as required by the governing authority,complete for 3510 LF $0.90 $3.159.00
2 veer maintenance bond for Ilft station lmorovemenls 1 LS $576.00 $576.00
Survey and field staking by Jones&Boyd 1 LS $000.00 600.00
Enalneerina deslan by Jones&Boyd 1 LS $8,500.00 S
Total _ .��...�._.�..._�.....
$223 228.00
Allocation
Total lift station caoacity 013585 MGD Total usaas 100%
Greanseolnt Phase 1&2 and Eslatea Phase 2B Properties(Wilbow) 0.2138 MGD Total usage 60%
ExcessCaoacfly 0.1449 MOD Total usafle 40%
Lift-S-tation Cost Allocation
Lift S'ta0011 Tote)Cost _..m_._........_.... -..____ „ „100% $223 28.00
_(3reenspolnt Phase 1&2 and Estates Phase 2B Prooertles lwfbow) 60% $133.002.79
Excess Caoaalty 40°/a ^S90.226.21
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VIM.H.THOIMSONSURVEY.ABST.NO.096
TOWN OF PROSPER
COLLIN COUNTY.TEXAS
APPLICANT.WILBOW-PROSPER ONE
DEVELOPMENT CORPORATION
4131 N.CENTRAL EVRESSWAY SUITE 1140
LOCKBOX 13
DALLA6,TEXAS 76204
PHONE:972.479.0894
CONTACT:CHAS FITZGERALD
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Exhibit N
Park Improvements
Phase 2 Creek Park and Hike&Bike Trail
Greenspoint Phase 2 Property
As approved by the Town of Prosper Parks Board,construction of the Phase 2 Creek Park
and Hike&Bike Trail Improvements will include:
1. Construct an extension of the existing eight(8)foot wide concrete hike and bike
trail in the Phase 1 Creek Park. This trail will extend within the Phase 2 Creek
Park with a termination at a second trail head feature adjacent to a six space
parking lot which will adjoin the cul-de-sac pavement.
2. Construct an extension of the existing eight(8)foot wide concrete hike and bike
trail from the Phase 2 Creek Park to the Coit Road frontage. Said trail extension
will be built within a twenty(20)foot wide strip of land dedicated to and
maintained by the Greenspoint HOA, The actual trail will be maintained by the
Town. The trail material will be determined by the Town's Parks Director. This
trail extension will continue north along the Coit Road frontage to connect with
the existing trail at the entrance of The Estates at Greenspoint.
3. The Greenspoint HOA may exercise the option to re-locate the existing canoe and
kayak launch dock from the Phase 1 Creek Park to the deeper water in the Phase 2
Creek Park. The new dock location will be mutually agreed upon with the
Town's Parks Director. Town will limit the use of the lake to non-gas powered
craft(silent trolling craft will be permissible).
4. Install picnic tables and benches along the park's hike&bike trail per the Town's
park board standards.
5. Install irrigation and turf in the non-wooded areas. Up limb the canopy of the
wooded areas and install mulch beds under the drip line.The new irrigation
system will be connected to the lake pump and irrigation controller in Phase I
Creek Park.
0
Exhibit
ti
Estimated Construction Cost
Phase 2 Creek Park&Trial Improvements
at Greenspoint Phase 2 Property
Park Improvement Unit Unit Cost Total
Grading inn rovements within park 16 HR $:200.00 $3,200.00
Up-limb canopy&clear underbrush 50,000 SF $0.14 $7,000.00
Install mulch under canopy 1 LS $5,000.00 $5,000,00
8 Foot wide 4"concrete Hike&Bike Trail 2450 LF
$24.00 $58,800.00
6 S aye arkin8 acl to street 6 EA $1,,300.00 $7,800,00
Picnic Tables 2 EA $1,200»00 $2,400,00
Park Benches 2 EA $700.00 $1,400.00
I ydromulch turf areas 75,000 SF $0.09 .$6,750.00
Irrigation improvements 75,000 SF, $0.17 $12,750.00
Landscape Improvements at Trail Head 1 LS $5,000,00 $5,000.00
Total Phase 2 Park&Trail lnr'provements 5110.100,00