HomeMy WebLinkAboutORD 1996-029 ORDINANCE NO. 96-29
�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
``"' GRAPEVINE, TEXAS APPROVING A REDEVELOPMENT
AGREEMENT BETWEEN THE CITY OF GRAPEVINE AND
GRAPEVINE MILLS L.L.C.; AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF
OF THE CITY; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
Section 1 . That an agreement styled Redevelopment Agreement between the
City of Grapevine and Grapevine Mills L.L.C., attached hereto labeled Exhibit "A" and
incorporated herein for all purposes, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said
�
agreement.
Section 3. The fact that the present ordinances and regulations of the City of
''� Grapevine, Texas are inadequate to properly safeguard the health, safety, morals,
peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates
an emergency for the immediate preservation of the public business, property, health,
safety and general welfare of the public which requires that this ordinance shall
become effective from and after the date of its passage, and it is accordingly so
ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 2�st day of - �,ne /�{')/}� , 1996.
7/�&'j9�v .�
APPROVED:
William D. Tate
,,,�, Ma yo r
�
.��.��
ATTEST:
Lind Huff
City Secretary
APPROVED AS TO FORM:
�.,..•-
�w ...._v� ,
''� �-
John F. Boyle, Jr.
City Attorney
�,�
ORD. N0. g6-2g 2
EXHIBiT� TO dr`�• ���`� �
Pa�e _._.L_� of _��.__.
"'�" 1 REDEVELOPMENT AGREEM�NT
2 (Redevelopment Site No. 1)
3
�r""' 4
5 THIS REDEVELOPMENT AGREIlVIENT (this "Agreement"), is made and entered
6 into as of the 5 t-� day of S��z , 1996 by and between the CITY OF GRAPEVINE,
7 TEXAS, a home rule municipality located in the counties of Tarrant, Dallas and Denton, Texas
S (the "City"), and GRAPEVINE MII�LS, L.L.C., a Delaware limited liability company
9 ("Developer"). (The City and Developer are sometimes hereinafter referred to individually as
10 a "Party" and collectively as the "Parties".)
11
12
13 RECITALS:
14 - - - - - - -
15
16 A. The Ciry has the authoriry to adopt tax increment fmancing pursuant to the Tax
17 Increment Financing Act, V.T.C.A., Tax Code §§311.001 et se4., as amended (the "Act"), for
18 areas within its jurisdiction designated by the City as reinvestment zones pursuant to the Act,
19 and to implement other economic development or fmancing programs pursuant to Chapter 380
20 of the Local Government Code and other statutes and the City's home-rule powers.
21
,�...22 B. The City has authorized the preparation of a preliminary project plan and a
23 preliminary reinvestment zone financing plan conceming the approximately 243 acre area legally
;,�, ?4 described in E�ibit A-1 attached hereto and made a part hereof and depicted on Exhibit A-2
25 attached hereto and made a part hereof (the "Reinvestment Zone").
25
?7 C. In accordance with the Act, the City, after giving all notices required by law,
28 conducted a public hearing with respect to the creation of a reinvestment zone and its benefits
29 to the City and to property within the proposed reinvestment zone at a meeting of the Mayor and
30 City Council held on February 20, 1996.
31 �
�? D. On February 20, 1996, the City, after giving and publishing all notices required
33 by law and after conducting all public hearings required by law and after making all
34 presentations to, and conducting all meetings with, each taxing unit that levies ta�ces on real
3� property in the Reinvestment Zone as required by the Act, adopted Ordinance No. 96-07,
3b entitled "An Ordinance of the Ciry Council of the City of Grapevine, Texas Designating a
37 Certain Area as Tax Increment Financing Reinvestment Zone Number One, City of Grapevine,
�8 Texas; Establishing a Board of Directors for such Reinvestment Zone and Other Matters
39 Relating Thereto; Providing a Clause Relating to Severability; Declaring an Emergency and
'0 Providing an Effective Date," which ordinance, among other things, designated the property
�1 within Reinvestment Zone as the "Tax Increment Financing Reinvestment Zone Number One,
T'' City of Grapevine, Texas"; and on May 21, 1996, the City adopted Ordinance No. 96-29,
�
�
JSA�044 OS/16/96 1518
EXH181T� TO (�'L-�Y - ��-�9
�a3e ��- qf -�
� 1 entitled "An Ordinance of the City Council of the City of Grapevine, Texas Approving a
? Redevelopment Agreement Between the City of Grapevine and Grapevine Mills L.L.C.;
3 Authorizing and Directing the Mayor to Execute Said Agreement on Behalf of the City;
�,,., 4 Declaring an Emergency and Providing an Effective Date," authorizing the City Mayor to
� execute and the City Secretary to attest this AQreement.
6
7 E. In accordance with the Act, the Board of Directors of the Reinvestment Zone has
� prepared a project plan (the "Project Plan") and a reinvestment zone financing plan (the
9 "Financing Plan"; the Project Plan and the Financing Plan are sometimes collectively referred
?0 to in this Agreement as the "Plans") and the City, in accordance with the Act and after making
11 all findings required by the Act, have adopted, or will adopt, an ordinance approving the Plans.
l�
13 F. Developer is the contract purchaser and proposed developer of the approximately
14 173 acre parcel of real property within the City and within the Reinvestment Zone and generally
i� located and bounded by State Highway 121, State Highway 26, International Parkway
16 (F.M. 2499) and Anderson-Gibson Road, and legally described in Exhibit B attached hereto (the
17 "Property"), which Property shall also be l:nown as Redevelopment Site No. 1 in the
18 Reinvestment Zone.
19
20 G. The Property is zoned "CC" Community Commercial District under Ordinance
?1 No. 82-73, the Comprehensive Zoning Ordinance of the City, also known as Appendix "D" of
22 the City's City Code, as currently amended and in the form existing as of the date hereof (the
"� 23 "Zoning Ordinance"), subject to Conditional Use Permit No. CU95-36 issued and granted by
?� the City on January 16, 1996, pursuant to Ordinance No. 96-OS (the "Conditional Use Permit").
� =�
?� H. Developer currently intends to develop and improve all or a portion of the
,7 Property as a value-oriented retail mall (generally referred to herein as [he "Project") in various
'Q phases, which may ultimately contain approximately 1,900,000 square feet of retail space,
"_9 exclusive of out-parcel development and other uses permitted in the City's "CC" Communiry
_0 Commercial District and by the Conditional Use Permit, in conceptua! conformance with the
; : plan a�tached herero as E�chibit C (the "Concept Plan") and in accordance with the requirements
:� of the Zoning Ordinance and the Conditional Use Fermit.
�-� I. To facilitate the development of the Property, and subject to and in accordance
;� with the terms of chis Agreement and the limitations hereinafter stated, the City has agreed (i) to
�( undertake to construct various public improvements listed on Eshibit D (collectively, the "Public
_ , Improvements") and to incur Project Costs (as defined in Sec�ion �.1(a)) in connection with such
=�� Public Improvements and pay for such Project Costs using the proceeds of the City Instrument
;�) las hereinafter defined) or from the Ci[y's implementation of other economic development or
='.� financing pro�,rams authorized by statute or the home-rule powers of che City, and (ii) to use the
_ proceeds of the City Instrument or from the City's implementation of other economic
_ deveiopmen[ or financing proarams authorized by statute or the home-rule powers of the Ciry
�
�' ;s��0a� 05%t6/96 15t3 2
EXNIBIT� TO �-ti�f .��'zy,
a�3� 3 Of 33
1 to pay the costs of those eligible Project Costs that either or both of the Developer and the City
`"'�" ? incurs as provided in the Construction V1anaQement Ajreement (as hereinafter defined) in
3 connection with the acquisition, redevelopment (including, without limitation, demolition, site
� =� preparation, installation of utilities, construction of public improvements, etc.), financing and
� use of the Property.
6
7 J. This Agreement has been submitted to the City for consideration and review, and
8 the City has taken all actions required to be taken prior to the execution of this Agreement in
9 order to make the same binding upon the City according to the terms hereof.
10
i i K. The City, after due and careful consideration, has concluded that the
12 redevelopment of the Property as a portion of the Reinvestment Zone as provided for herein and =
;3 in the Project Plan will further the growth of the City, facilitate the redevelopment of the entire
1=� Reinvestment Zone, improve the environment of the City, increase the assessed valuation of the
l� real estate situated within the City, foster increased economic activity within the City, increase
16 employment opportunities within the City, upgrade public infrastructure within the Reinvestment
1 i Zone, and otherwise be in the best interests of the City by furthering the health, safety, morals
1� and welfare of its residents and taxpayers, and that entering into this Agreement is necessary and
19 convenient to implement the Plans and achieve their purposes.
20
21 L. The City is desirous of having Developer undertake the Project in order to serve
22 the needs of the City and in order to produce increased tax revenues for the various taxing units
''""' 23 authorized to levy taxes on real properry within the Reinvestment Zone and the Ciry and, in
?� order to stimulate and induce the redevelopment of the Reinvestment Zone, the City has a�reed
�• �� to finance certain Project Costs, includin� throuQh property tax increment revenues and throuQh
�5 the issuance of the City Instrument, all in accordance with the terms and provisions of the Act
�7 and this Aareement.
,� �
�9 NO�V, THEREFORE, in consideration of the foregoing and of the mutual covenants and
=0 aareements herein contained, and other good and valuable consideration, the receipt and
_ _ sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:
,�,
� ! ARTICLE I.
;;
=b RECITALS PART OF AGREE1�tENT
;;
=;� 1.1. Inc�rporation of Recitals. The representations, covenants and recitations set
�9 forth in the foregoin� recitals are material to this A��reement and are heceby inco�orated into
=e? and made a part of this �Qreement as thou�h they were fully set forth in �his Article I.
�
�'�"`"" 1S�\�04Y O�i 16/96 1�18 �
EXHIBIT � Tp ��-- �f� �-p
�a;e � of .3:3
� 1 ARTICLE II.
�
3 MUTUAL ASSISTA\rCE
� �
� 2.l. Cooperation. The Parties agree to take such actions, including the execution and
b delivery of such documents, instruments, petitions and certifications (and, in the City's case, the
7 adoption of such ordinances and resolutions), as may be necessary or appropriate, from time to
� time, to carry out the terms, provisions and intent of this Agreement and to aid and assist each
9 other in carryin� out said terms, provisions and intent. Further, the City agrees (absent any
?0 uncured breach of the terms of this Agreement by Developer resulting in a default pursuant to
11 Section 9.2 hereofl that it will not revoke or amend the ordinances adopted by the City relatin�
1? to the Reinvestment Zone, the Plans and this Agreement without the prior written consent of
:3 Developer. The Parties shall cooperate fully with each other in seeking from any or all
;Y aopropriate governmental bodies (whether federal, state, county or local) financial or other aid
1� and assistance required or useful for the construction or improvement of property and facilities
16 in and on the Property or for the provision of services to the Property, including, without
17 limitation, grants and assistance for public transportation, roads and highways, water and
l� sanitary sewage facilities and storm water disposal facilities.
19
20
21 ARTICLE III.
��
'""�" 2; EFFECTIVENESS OF AGREEMENT
'?1
"� _� 3.1. Effective Date. This AQreement shall become effective trom and after its
='b approval and execution by both parties. The City's obfigations to construct the Public
�� Improvements in accordance with Section 4.3 of this Aareement shall become effec[ive and
,g enforceable at such time as Developer demonstrates to the reasonable satisfaccion of the City that
?? Developer has acquired fee simple title to the Property and has entered into binding contracts
�0 for the construction of the initial phase or phases of the Project, which initial phase or phases
>1 of the Project shall contain a minimum of 900,000 square feet of �ross space. Developer shall
��' demonstrate its achievemen[ of the goals set forth in the immediately preceding sentence by
,.; delivery of the notice provided for in Section �.4 of this �greement. Developer shali acquire
�-� fee simp(e title to the Property and enter into the binding contracts descri�ed above to conswct
�� the initial phase or phases of the Project on or before December 31, 1996, which date may be
=6 extended by mutual aQreement of the Parties taking into consideration as part of any such
�� agreement any e:ctensions of the closing dates under Developer's purchase contracts for the
�S Property. The rights and obliQations of Developer hereunder shall not be eifective unless and
?9 until Developer (or its nominee) notifies the Ciry that Developer has made the decision to
�0 acquire title ro the Property, which notice shall include the anticipated date that Develo�er will
;i acquire title to the Property and which notice shall be �iven, if at all, on or before December
_ �1, 1996, which date may be extended by mutual a�reemen� of the Parties taking into
,,,�,,,, Y� consideration as part of any such agreement any extensions of the closin� dates under
'-= Developer's purchase contracts for the Property.
,�
�
iSA?044 OS/16i96 1518 4
EXyIBIT� TO ��- ��-�l
Page � of �_
� 1 ARTICLE IV.
�
3 REDEVELOPMENT AND USE OF THE PROPERTY AND
,�, � CONSTRUCTION OF THE PUBLIC IMPROVEMENTS
J
6 4.1. The Project. Developer shall construct the Project in conceptual conformance
7 with the Concept Plan. The Project may be constructed in phases at Developer's sole discretion;
� provided that the initial phase of the Project (as described in Section 3.1 of this Agreement) is
9 constructed in accordance with Section 3.1 of this Agreement. The total Project (including not
l0 less than 1,600,000 square feet of gross buildable area in the mall) shall be completed on or
! 1 before December 31, 1999, which square foota�e and date may be changed by mutual agreement
1� of the Parties.
�;
:=� 4.2. Utilities and Fees. Except for the water and sewer assessments currently assessed
l� against the Property, the City does not now levy or assess and shall not, in the future, levy or
?6 assess any special taxes, fees, exactions, impositions, or assessments of any form against the
17 Property, not heretofore levied and assessed that are not applicable to and apply to all otner
18 properties in the City equally and uniformly and in the same manner.
19
20 4.3. Construction of Public Improvements.
21
22 (a) The City's obligation [o construct the Public Improvements in accordance
'"�" 23 with this Section 4.3 shall become effective and enforceable at such time as Developer
?4 de(ivers to the City the notice provided for in Section �.4 of this Agreement. Upon
'�'" _� delivery of such notice, the City agrees to commence construction of the Public
�b Improvements. The City and Developer shall cooperate and coordinate their activities
�'; with respect to the commencement and construction of the Public Improvements and the
?� Project so that the commencement and construction of the Public Improvements shall
;9 occur at such times as are necessary to meet the construction time requirements of
�0 Deve(oper for [he Project. The Parties aaree to jointly prepare (and update, from time
_ , to time, as necessary) a construction schedule of the Public Improvements in order to
�� help implement the Parties' obliaations pursuant to this Section 4.3, which schedule,
_� when completed (and as updated, if applicable), shall become an Exhibit to this
3� Agreement. The Parties agree tha[ they will jointly decide what items will be Public
3� Improvements funded as Project Costs and the costs of such items. The City further
�b aarees to supply Developer with copies of all contracts to be entered into by the City
�; with respect to the Public Improvements, as well as all change orders and requests
�S therefor pursuant ro such contracts prior ro their approval by the City, all for Developer's
��? review and approval.
-��J
' 4
- (b) (i) In order to furcher the redevelopment of the Reinvestment Zone,
-'-? and in connection with or in anticipation of its construction oT one or more new privately
,�,,, -�_ owned buildings on the Property, the City and Developer shall enter into a construction
- management agreement (the "Construction �Ianagement Aareement") in a t'orm mutually
'� acceptable to the Parties, pursuant to which the City �hall engage Developer as a
tirr
:S�=C44 OSi16i96 t518 J
EXH191T� 1'0 �� �� �'��
Pa�e _-�.— of �.—
1 construction manager and an agent of the City to manaae the construction, on behalf of
'`� ? the City, of certain of the Pub(ic Improvements. The�City represents and warrants to
� Developer that the Construction Management Agreement is a contract for the
,�„ =� procurement of personal services as described in V.T.C.A., Local Government Code
� §252.022(a)(4) for which competitive bidding is not required under any state statute or
6 regulation including, but not limited to, Chapters 252 and 271 of the Texas Local
i Government Code or any comparable City ordinance or regulation, and that the City has
8 full constitutional right and authority to enter into the Construction Management
9 Agreement with Developer without advertising for bids or taking any actions other than
10 adopting an ordinance or resolution of the City approving and authorizing the execution
11 of the Construction Management Agreement. The City shall cause its City Attorney to
?? issue a legal opinion confirming this representation and warranty. To the extent that any
13 of the Public Improvements to be constructed under the management of the Developer
14 pursuant to the Construction Management Agreement are to be located in City owned
l� rights-of-way, the City shall grant to Developer and its designees access thereto to enable
16 the construction of such Public Improvements. The costs to undertake or construct such
1 i Public Improvements constitute some of the Project Costs Developer expects to incur in
18 furtherance of the Project. The preliminary description of the matters included within
19 such Public Improvements is contained in the items listed in Exhibit D. As an agent of
20 the City, Developer shall cause such Public Improvements to be constructed in substantial
21 accordance with the Improvements Plans approved by the City as set forth in
22 subparagraph (ii) below. All costs in connection with the design, engineering and
"'�"" 23 construction of such Public Improvements, which costs shall be deemed Project Costs to
?1 the maximum extent permitted by law, shall be paid to Developer as set forth in
�+ ,� Article V.
,�
?� (ii) Developer shall submit, or cause to be submitted, plaris and specifications
�g for the Public Improvements to be constructed under the management of Developer
?9 pursuant to the Construction Management Agreement (the "Improvements Plans") to the
�0 City for review and approval prior to the commencement of construction thereof.
. ,
� �
�? (iii) The Parties acknowledge and agree that Eshibit D is intended so(ely to
�3 include the preliminary description of Projec[ Costs that Developer is likely to incur;
.;'. EYhibit D is not intended to be an exhaustive or esclusive list; provided, however, that
�� Developer may not receive more than �27,�00,000.00 (in 1995 dollars) as payment and
�b reimbursement for all Project Costs (including costs for the acquisition of the Property)
, , Developer incurs. The City and Developer agree and acicnowledge tha[ Developer may
=� seek and receive payment and reimbursement in accordance with this Agreement for all
;,') Project Costs Developer incurs, out of Instrument Proceeds and Tax Increment and other
=0 funds available under this A�reement, subject only to the limitation on the maximum
': amount of payment and reimbursement set forth in the preceding sentence.
_ Notwithstanding anything to the contrary contained in this �greement, the City's
,,,� -�� obligation to fund Project Costs bv reimbursing Developer or incurring such Project
'�' Casts directiy shall not exceed �27.�OO,OQ0.00 (in 1995 dollars). The C;tv's obli�ation
� to fund Project Costs with the proceeds from the sale of the City Instrument shall not
�
�5��_04-� 0�/16/96 1�13 6
E;��li�i i� TO �� y� -��
Pa�e %' of ..�
1 exceed $27,500,000.00 (in 199� dollars), plus the cost of issuance, capitalized interest
� ? and necessary reserve funds in connection with the City Instrument.
,
�
�, 4 4.4. Developer's Rights in the Event of the Citv's Default. As also will be more
� fully provided in the Construction Management Agreement, in the event the City fails to
6 complete the Public Improvements and defaults under either or both this Agreement or the
7 Construction Management Agreement, then Developer, in addition to its rights under Section 9.2
� of this Agreement, may compel the City to fund and complete the Public Improvements by
9 mandamus, specific performance or mandatory permanent injunction. In the event the City's
l0 contractors default in the completion of the Public Improvements and the City fails to enforce
� 1 the applicable statutory bonds, Developer shall be entitled to a novation of all the City's right,
:? title and interest in and to the statutory performance, payment and maintenance bonds by which
13 Developer will be substituted for the City with respect to all of the City's right, title and interest
1-� in and to such bonds. The City shall cause the surety issuing such bonds to name Developer as
1� a dual obligee under such bonds. The City shall execute one or more conditional assignments,
16 in form and substance reasonably acceptable to Developer, assigning to Developer, in the event
17 the City fails to prosecute its ri�hts under such bonds all of the City's right, title and interest to
18 such bonds.
19
20
21 ARTICLE V.
��
''""' 23 PAYMENT AND REIi�IBURSENIENT OF
?� ELIGIBLE PROJECT COSTS
r�,,,� �;
?5 �.1. Definitions of Project Costs, Tas Increment. Gitv Instrument and Instrument
?� Proceeds.
'_.S
�9 (a) For purposes of this A�reement, "Project Costs" shall mean and include
�0 all costs defined as "project costs" in Section 311.002(1) of the Act as now or hereafter
3 i provided).
_.�
=� (b) For purposes of this Agreemen[, "Tax Increment" shall mean one hundred
;Y percent (100%) of the amount detecmined pursuan[ to Section 311.012 of [he Act for
�� each taxing unit that levies taxes on real property in the Reinvestment Zone.
=r�
:7 (c) For purposes of this Aareement, "Ciry Instrument" shall mean a debt
_� instrument or other instruments to be issued and sold by the City in accordance �vith the
:� Act or other applicable Tesas law (and in accordance with a schedule of issuance aareed
��.1 to by the Parties) in the agaregate principal amount necessary �o produce Instrument
=1 Proceeds (as hereinafter defined) of not less than �27,�00,000.00 (in 199� dol(ars) and,
_ if issued pursuan[ to the Act, havina a [erm not to exceed [he maximum term permitted
�,,.,,,, �_; by Section 311.01�(1) of the Act.
, ,
�
�S.-�204� OS/16/96 1�18 ?
�-,�;,_.;.__ (�.<��� -> `/�
�xy���r � fin
Pa�e �— of �
' (d) For purposes of this Agreement, "Instrument Proceeds" shall mean all net
� ? proceeds, after deducting all issuance costs and any amounts for capitalized interest and
3 interest reserves, received by the City in connection with the issuance and sale of the
�„ s City Instrument.
;
� �.2. Bonds.
7
8 (a) The Parties acknowledge that the acquisition of the Property and
9 development of the Property and the Reinvestment Zone as provided in the Project Plan
10 and this Agreement can only occur with the use of Instrument Proceeds which Instrument
11 Proceeds, together with Tax Increment and other funds available under this Agreement,
:� shall be used to pay for certain eligible Project Costs.
13
!=+ (b) Upon delivery of the notice provided for in Article III of this Agreement,
i� the City agrees to promptly commence the process to issue and sell the City Instrument.
16 Notwithstanding anything to the contrary contained in this Agreement, the City shall not
17 be obligated to issue and sell the City Instrument until Developer has delivered to the
18 City the notice provided for in Section 5.4 of this Agreement. Upon delivery of the
19 notice provided for in Section 5.4 of this Agreement, the City shall complete the process
?0 to issue and sell the City Instrument, and the City shall promptly issue and sell the City
21 Instrument and shall hold and disburse the Instrument Proceeds as provided in this
?2 Agreement and in the Construction Management Agreement. The City shall use its best
'""'"" ?3 efforts to structure the City Instrument so that it is and remains exempt from taxation
?T under the Internal Revenue Code of 1986, as amended, and regulations promulgated
�+ ,� thereunder. The City Instrument and payment of other e(i�ible Project Costs shall be
?:i secured, in whole or in part, by the funds deposited, from time to time, in the Tax
_. Increment Fund (the "Fund") created by the City pursuant to the Act, this Agreement and
�3 the ordinances adopted by the City relating to the Reinvestment Zone, which funds shall
��) include the Tax Increment and interest earned on investment of monies within the Fund.
:0 The City pledges that it will deposit the entirery of such funds inro the Fund. The
� � amounts deposited in the Fund shall be disbursed in accordance with this Agreement, the
,? City Instrument and any trust indenture entered into, or bond ordinance adopted, in
_�� connection with the Ci[y Instrument (which trust indenture or bond ordinance shall no[
:' conflict with the provisions of �his A�reement). The City agrees to provide Developer
�� with copies of any proposed bond ordinance, trust indenture and preliminary official
:;6 statement prior to the adoption of any bond ordinance in connection with [he City
_ , Instrument. In addition, to the fullest extent permitred by law, the City agrees that (i) it
';? wil( not, without the prior written consent ofi DeveloQer, which consent may be withheld
_9 in its sole or absolute discretion, revoke or amend any ordinances or resolutions adop[ed '
=�� by the City relating ro the Reinvestment Zone or the City Instrumen[, (ii) it will not
'i pled;e or apply the Tax Increment or any other monies in the Fund to any other pui-pose
_ or payment of any obligation or the Ciry except for the City Instrument and obli�ations
�,,,, �� arising under this Agreement, (iii) it will not comminale the Tax Increment with any
�� other funds of the City, �iv) it will not take any action or omit to take any action that wil(
� affect the continued existence of the Fund or the availabiliry of the Tax Increment to pay
vr�
:SA2044 Ojil5i96 ,�18 �
`�!=�i�i i� 'f 0�r , s��,Z,�
���e _..,� of �—
1 the City Instrument and the other obligations under this A�reement, (v) it will take all
� ? actions and submit all documents in a timely manner in order to receive all Tax
3 Increment, (vi) it will institute and pursue to a final order or judgment any bond
,��, � validation action or suit upon reasonable request by Developer, and (vii) it will direct the
� investment of the Tax Increment in accordance with Texas law applicable to investment
� of funds by municipalities. In addition, the City agrees that it will not refund the City
? Instrument in any manner that would change the obligations of Developer under this
S Agreement. The Parties agree that they will take all actions necessary to ensure that the
9 interest payable on the City Instrument is and remains exempt from taxation under the
i0 Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder.
il
12 5.3. Disbursement of Funds and �Iethod of Pavment. All Instrument Proceeds shall
13 be deposited, pending their disbursement from time to time in accordance with this Agreement,
1=� in a special sub-account of the Fund to be known as the "Sub-Fund". None of the funds
l� contained in the Sub-Fund shall at any time be commingled with any other funds of the City or
16 with any other funds in the Fund. Since the Fund is a special fund, the deposits into and
17 withdrawals from the Sub-Fund shall not be subject to the appropriation process of the City or
1 S the City and the amounts deposited in the Sub-Fund shall be disbursed in accordance with this
19 Agreement, the City Instrument, and the ordinances or resolutions authorizing the City
ZO Instrument without further action by the City. The City covenants and agrees to deposit all Tax
21 Increment into the Fund promptly upon the City's receipt of any Tax Increment and to disburse
22 funds from the Fund in accordance with this Agreement solely (i) to make payments of principal
"'�"' 23 and interest on the City Instrument as and when due, (ii) to pay to Developer amounts equal_to
2^ eliaible Project Costs incurred by Developer in accordance with this Agreement, and (iii) to pay
�+ =� for elijible Project Costs incurred by the Ciry in accordance with this Agreement. Disbursement
?6 of the funds deposited in the Sub-Fund shall be made in the followinQ manner. Pursuant to the
:7 Construction Management Agreement, Developer shall enter into contracts, on behalf of and as
'g a�,ent for the City, for the design, engineering and construction of certain of the Public
�9 Improvements. As payments become due under such contracts, Developer shall notify the City
�0 of the amount of such payments then due and the Ciry shall disburse, or cause ro be disbursed,
� � from the Sub-Fund to Developer the amount necessary to make such payment. The City shall
,? disburse, or cause to be disbursed, from the Sub-Fund to Developer amounts equal to other
__ eligible Project Costs that Developer incurs as such Project Cos[s are incurred and funds are
3� deposited into the Sub-Fund from the issuance o� the City Instrument.
��
�6 �.4. Notice of Acquisition of the Propertv. Developer shall deliver no[ice to the City
�" that Developer has acquired title to the Property, which notice shall be delivered prompcly after
�� Developer has acquired title to the Property. lipon delivery of such notice, Developer shall be
'9 obii�ated to commence cons[ruction ot the initial phase er phases of the Project, as described
=0 in Section 4.1 ot this A�reement. �
,
_ �.�. Citv AccountinQ. The City shall main�ain complete books and records showing
�,,, -'� deposits to and disbursements from the Fund of Tax Increment and Instrument Proceeds, which
�s 000ks and records shall be deemed complete if kept in accordance with Qenerally accepted
-=_ �iccounting principles as applied to Texas municipalities and in accordance with the provisions
�r.r
1S�'_04� OS!16/96 1�1� 9
��qi�i�'� To �'-� y�-��
Pa�e - �o - of .�
1 of the Act. Such books and records shall be available for examination by the du(y authorized
� 2 officers or agents of Developer durin� normal business hours upon request made not less than
3 five (�) business days prior to the dateyof such examination. The City shall maintain such books
�, 4 and records throughout the term of this Agreement and for four (4) years thereafter, all subject
� to the requirements of the Act.
6
7 5.6. Economic Incentive Program. The Parties a�ree and acknowledge that it is in
� the intent of this Agreement to provide an economic incentive program to the Developer in the
9 amount of $27,500,000.00 (in 1995 dollars) to encourage and induce the acquisition and
?0 development of the Property by the Developer. Funds for the economic incentive program shall
?1 come from the use of tax increment financing pursuant to the Act or any other economic
12 development or financing pro�rams authorized by statute or the home-rule powers of the City,
13 as agreed by the Parties.
1=�
1�
16 ARTICLE VI.
17
1 Q . COMPLETION AND OCCUPANCY
19
20 6.1. Certificates of Completion. Promptly upon the completion of construction of
21 any portion of the Project or of any of the Public Improvements to be constructed under the
22 management of Developer pursuant to the Construction Management Agreement, the City shall
"'�"' 23 furnish Developer a certificate of completion so certifying (a "Certificate of Completion"). The
?� issuance of a Certificate of Completion shall mean that Developer has substantially completed
� �� such portion of the Project or of the Public Improvements in substantial conformance with the
_5 Improvements Plans and otherwise in conformity with this Aareement and the Construction
_'i Nlanaaement Agreement. Each Certificate of Compfetion shall be in a recordable form, and
?S shall be a conclusive determination of satisfaction and termination of the covenants in this
,9 Agreement and the Construction Manaaement Agreement with respect to the obligations of
�0 Deve(oper to construct such portion of the Project or of the Public Improvements. Upon written
�' request by Deve(oper for a request for a Certi�cate of Completion, the City shall have ten (10)
.._ days after receipt thereof to provide Developer with a Certificate of Comp(etion or a written
�.3 statement indicating in detail how Developer has failed to complete such construction as required
=� herein, or has otherwise failed to materially perform its construction obliQations under this
.� ARreement, and what measures or acts will be necessary, in the reasonable opinion of the City
=6 citinQ applicable laws and ordinances and Developer's abli�ations under this A�reement, for
=% Developer to take or perform in order to obtain issuance of such Certificate of Completion.
-,�,
.;.�
�? 6.2. Certificates of Occupancv.
i��
;1 (a) The City shall issue certificates of occupancy to Developer within ten (10)
'1 days after application therefor, or issue a letter of denial within such ten (10) day period
�,�,,,, '� informing Developer specifically as to what corrections are necessary as a condition to
--: the issuance of a certificate and quoting the section of anv app(icable code, ordinance or
-'�� reQulation relied upon by the Ciry in i�s request for correction. Deve�oper's inability,
Wrr
�5��''044 OSi 16196 1518 10
�x���ir� ro �,�� :. 9�._�y
�a,� � of �3
: due to adverse weather conditions, to install driveways, service walks, sidewalks,
'� ? landscaping and final jrading, shall not delay the issuance of a temporary certificate of
3 occupancy. Temporary certificates of occupancy also shall not be delayed in the event
� -� adverse weather conditions prevent construction of final surface courses on private
� drives.
5
i (b) At Developer's request, the City shall grant certificates of occupancy or
$ temporary certificates of occupancy for portions of buildings under construction provided
� that the portion of the building proposed to be occupied is substantially completed and
!0 that the construction of the entire structure has progressed to the point that the City has
i i determined, using reasonable judament, that the persons using the portions of such
?? buildings for which the certificate is to be issued �vill not be endangered by construction
i 3 in progress in other areas of the buildin� and that the building is safe for such limited
i-� occupancy. Further, the City shall grant, on Developer's request, conditional certi�cates
l� of occupancy to permit Developer or tenants of the Project to install equipment and to
16 stock inventory and otherwise prepare the applicable building for the operation of
17 business.
18
19
20 ARTICLE VII.
21
22 PUBLIC SAFETY
's." ?3
�'-'. Developer and the City recognize that providing a Project that is secure is in the best
� ?� interests of both Developer and the City. To that end, the City commits to providing a law
�5 enforcement presence stationed at the Project and Deveioper commits to providing space for such
�7 use at the Project. Developer agrees to provide the City with space within the mall portion of
`'3 the development for use by the City of Grapevine Police Department at a location determined
�'9 solely by Developer. Developer agrees to work in good faith with [he City to make the space
=-0 provided functional for use by the City as a police substation, with the scope of Developer's
= 1 commitment to consist of:
.,
» 1. A space of up to one thousand five hundred (1,500) square feet to be
:T provided for the police substation which shall be accessible to the mall and to the parking
_� loc with separate entrances/exits.
�6
:% 2. Two (2) designated police parking stalls near the parking lo[ entrance/exit
�� of che police substation space.
,o
=� Developer also shall Qrovide its own private securiry similar to that customarily provided
. a[ o�her comparable Mills developments.
,,
�;
� �
�
1SA�044 0�;(bi96 l�i8 1 1
=xy�s,s � fo %�� y�.�y,
�a�e � Of �.—
�
i ARTICLE VIII.
�
3 AUTHORITY
� �
� 8.1. Actions. The City covenants to Developer and a�rees that upon application of
6 Developer, the City will use its best efforts to the extent permitted by law to take such actions
7 as may be required and necessary to process any amendments, variations, special use approvals
g and permit applications relatina to the Zoning Ordinance and the City's other ordinances, codes
9 and regulations, as may be necessary or proper in order to insure the development of the
!0 Property and the Project in accordance with the Project Plan, this Agreement and the Concept
i 1 Plan and to enable the City to execute this Agreement and to carry out fully and perform the
:"? terms, covenants, agreements, duties and obliaations on its pact to be kept and performed as
1� provided by the terms and provisions hereof.
14
!� 8.2. Powers.
16
17 (a) The City hereby represents and warrants to Developer that the Ci[y ttas
18 full constitutional and lawful riaht, power and authority, under currently applicable law,
19 to execute and deliver and perform the terms and obligations of this Agreement, and all
20 of the foregoing have been or will be duly and validly authorized and approved by all
21 necessary City proceedings, �ndinQs and actions. Accordingly, this Agreement
22 constitutes the (egal, valid and bindina obligation of the City, is enforceable in
"""� 23 accordance with its terms and provisions and does not require the consent of any other
�'4 governmental authoriry.
�rrw.+ ,>
�6 (b} Developer hereby represents and warrants to the City that Developer has
�? full lawful right, power and authority to execute and deliver and perform the terms and
?s obligations of this Agreement and all of the foreQoin� have been or will be duly and
=9 validly authorized and approved by all necessary actions ot Developer. Concurrently
�0 with Developer's execution of this A�reement, Developer has delivered to the City copies
;i of the resolutions or other corporate actions authorizing the execution of this Agreement
,? and evidencing the authoriry of the persons sianing this Agreement on behalf of
_� Developer to do so. AccordinQly, this Aareement ��onstitutes the le�a(, valid and bindin�
�--' ob(igation of Developer, and is enforceable in accordance �,vith its terms and provisions.
;;
=6 8.3. Authorized Parties. Whenever under the provisions of this A�reement and other
.. , related documents and instruments or any supplemental agreements, any request, demand,
�8 approval, notice or consent of the City or Developer is required, or the City or Developer is
�9 i-equired to a`�ree or �o take some action at the request of the other, such request, demand,
�i� approval, notice or consent, or agreement shal! be given for the City, unless otherwise provided
=i herein, by the City �layor or his designee and for Developer by any officer of Developer so
'� auchorized (and, in any event, �he officers executing this A�reemen� are so authorized); and any
,�,,,.,, -�� Party shall be authorized to act on any such request, demand, approval, notice or consent, or
T-+ aareement.
��
�
1SA2044 OS/16/96 1513 12
EXH131T� TO ��f�- ���y
aa;e � o� 33
�
1 ARTICLE IY.
�
3 GEi�iERAL PROVISIONS
iwr �
� 9.1. Time of Essence. Time is of the essence of this Agreement. The Parties will
6 make every reasonable effort to expea�te the subject matters hereof and acknowledae that the
7 successful performance of this Agreement requires their continued cooperation. All dates and
� [ime periods provided for in this Agreement shall be delayed durin� any pending or threatened
9 li�igation that would affect the ability to issue the City Instrument, acquire the Property or
iQ commence or continue with construction of the Public Improvements or the Project, for a time
11 period equal to the duration of such liti�ation.
,�
�:
:3 9.2. Default.
1�
1� (a) A Party shall be deemed in default under this Agreement (which shall be
16 deemed a breach hereunder) if such Party fails to materially perform, observe or comply
17 with any of its covenants, agreements or obliga[ions hereunder or breaches or violates
1 S any of its representations contained in this Agreement.
19
20 (b) Before any failure of any Party to this Agreement to perform its
21 obligations under this Agreement shall be deemed to be a breach of this Agreement, the
22 Party claiming such failure shall notify, in writing, the Party alleged to have failed to
'"""' 23 perform of the alleged failure and shall demand performance. No breach of this
�'-� A�reement may be found to have occurred if performance has commenced to the
"�' ?� reasonable satisfaction of the complaining Party within thirry (30) days of the receipt of
?b such notice, subject, however, to the terms and provisions of Section 9.2(c). Upon a
?7 breach of this Agreement, the non-defaultin� Party, in any court of competent
?� jurisdiction, by an action or proceedinQ at law or in equity, may secure the specific
'9 performance of the covenants and agreements herein contained, may be awarded damages
_�0 for failure of performance, or both; provided, however, that notwithstandina the
_ 1 foregoing to the contrary, (1) in the event that Developer delivers the notice provided for
�? in Section 3.1 of this Agreement and does not provide the notice provided for in Section
�_ �.4 of this Agreement, Developer shall promptly pay to the Ciry all of the Ci[y's
�1 expenses incurred in connection with commencing the bond issuance process and upon
>j such payment this Agreement shall be deemed null and void with no further liabili[y of
:6 either Party to the other hereunder, and (2) the City's sole remedy in the event Developer
�7 fails to complete the Project as required by Section 4.1 of this Agreement after delivering
=8 the notic� specified in Section �.4 of this A�reement shall be (iquida[ed damaaes in an
�, amount equal ro �2.00 multiplied by �he remainder of 1,600,000 minus the cotal number
'�J of feet of gross buildable area constructed on the Property by the date set forth in Section
-' ' 4.1. Except as o[herwise set forth herein, no action taken by a Party pursuant to the
�
=�? provisions of this Section 9.2 or pursuant to the provisions of any other Section of this
,,�,.,, -�> Aareement shall be deemed to constitute an election of remedies and all remedies set
='. rorth in this Agreement shall be cumulative and non-exclusive of any other remedy either
�'� set forth herein or available to any Party at law or in equity. Each of the Parties shall
�
;5:�?044 05116i96 1�18 i�
�X�1��!i� TO ���� �''�9
�a�e __L�. Ot -3=S
.�.
1 have the affirmative obligation to mitigate its damages in the event of a default by the
� 2 other Party.
-,
�
,�r, =� (c) Notwithstanding anything in this Agreement which is or may appear to be
� to the contrary, if the performance of any covenant or obligation to be performed
6 hereunder by any Party is delayed as a result of circumstances which are beyond the
7 reasonable control of such Party (which circumstances may include, without limitation,
� pending or threatened litigation, acts of God, war, acts of civil disobedience, �re or
9 other casualty, shortage of materials, adverse weather conditions (such as, by way of
10 illustration and not limitation, severe rain storms or below freezing temperatures, or
11 tornados) labor action, strikes or similar acts) the time for such performance shall be
1= extended by the amount of time of such delay. The Party claiming delay of performance
1� as a result of any of the foregoing "force majeure" events shall deliver written notice of
1=� the commencement of any such delay resulting from such force majeure event not later
1� than seven (7) days after the claiming Party becomes aware of the same, and if the
16 claiming Party fails to so notify the other Party of the occurrence of a "force majeure"
17 event causing such delay, the claiming Party shall not be entitled ro avail itself of the
18 provisions for the extension of performance contained in this Section 9.2(c).
19
20 (d) In addition to any other right or remedy available to Developer pursuant
21 to this Agreement, in the event of a material breach by the City under this Agreement
22 which continues for thirty (30) days after written notice to the City thereof and the City's
"'"""" 23 failure to cure or diligently proceed to cure such breach to Developer's reasonable
?=+ satisfaction, Developer shall have the right (but not the obligation), in its sole discretion,
�► %� ro exercise its rights under the assianment(s) referenced in Section 4.�, to cause
�5 completion of construction of any improvement which the City is failing to timely
,; undertake or complete and, to the maximum extent permitted by law, to use in
=g connection therewith the proceeds of the City Instrument and any other funds available
?9 under this Agreement, and if Developer exercises such rights and undertakes or
�0 completes such construction, the Ciry, upon receipt of notice therefor from Developer,
� ; shall fully reimburse Developer for all costs Developer incurs to undertake or compiete
_�? such construction which have not then been paid for with the proceeds of the City
�� Instrument and other funds available under this Agreement.
,1
�� 9.3. Amendment. This Agreement, and any exhibits attached hereto, may be amended
�6 only by the mutual agreement of the Parties evidenced by a written amendment, by the adoption
_ , of an ordinance or resolution of the City approving such written amendment, as provided by
=�3 law, and by the execution of such written amendmen[ by the Parties or [heir successors in
'�9 interest.
�()
�' 9.4. Entire Aareement. This Agreement (including all Exhibits attached to this
_ .���reement) sets forth all agreements, understandings and covenants between and amon� the
�,,,, '_ Parties reiative to the matters herein contained. This Agreement supersedes all prioi•
`=-' avreements, negotiations and understandinas, written and oral, and shall be deemed a full
� inte�ration of the entire agreement of the Parties.
�
�S�oa� 0��15/96 tsts 14
E��fi�i i_�- TO G����-� %
Pay;e fs pf �3
1 9.�. Severabilitv. If any provision, covenant, agreement or portion of this Agreement,
"""""' 2 or its application to any person, entity or property, is held invalid, such invalidity shall not affect
3 the application or validity of any other provisions, covenants, agreements or portions of this
� rt Agreement and, to that end, all provisions, covenants, agreements or portions of this A�reement
� are declared to be severable.
�
7 9.6. Tesas Law. This Agreement shall be construed in accordance with the (aws of
8 the State of Texas, and any actions concerning this Agreement shall be brought in either the
9 Texas State District Courts of Tarrant County, Texas or the United States District Court for the
10 Northern District of Texas.
11
?? 9.7. Notice. Any notice to be given or served hereunder or under any document or
�.: instrument executed pursuant hereto shall be in writing and shall be (i) delivered personally, with
14 a receipt requested therefor; or (ii) sent by telecopy facsimile; or (iii) sent by a nationally
1� recognized overni;ht courier service; or (iv) delivered by United S[ates registered or certified
16 mail, return receipt requested, postage prepaid. All notices shall be addressed to the Parties at
17 their respective addresses set forth below, and shall be effective (a) upon receipt or refusal if
18 delivered personally or by telecopy facsimile; (b) one (1) business day after�epositing with such
19 an overnight courier service or (c) two (2) business days after deposit in the United States mails,
20 if mailed. A Party may change its address for receipt of notices by service of a notice of such
21 change in accordance with this Section 9.7. All notices by telecopy facsimile shall be
22 subsequently confirmed by U.S. certified or registered mail, return receipt requested.
,�--, �;
?4 If to the City: City of Grapevine
+r�. =� 413 South �Sain Street
�� Grapevine, Texas 760�1
-% Attn: Citv �Iana�er
�� Fax No.: (817) 424-0520
��
�Q with a copy to: John F. Boyle, Jr.
:: Boyle & Lowry, L.L.P.
=�' 4201 Wingren, Sui�e 108
__ Irving, Texas 7�062-2763
�-= Fax iVo.: (214) 6�0-7105
;�
�6 If to Developer: '�tills-Grapevine Limited Partnership
_ � c/o The Mills Corpora�ion
_� 1300 Wilson Boulevard
_�? :-�riin�ton, V� 2?009
�!) �tm: James Dausch
!� Fax No.: (iO3) �26-�111
,,
'� and
� ;
_:�
�
JSA2044 OS/16/96 l 513 1 J
� ��
EXyi�IT .� TO ��- Q�"
Paye �� pf 3�
1 Simon Property Group (Te;�as), L.P.
'""�" ? c/o Simon Property Group, Inc.
3 National City Center
=� P.O. Box 7033
� � Indianapolis, Indiana 46207
6 Attn: Thomas J. Schneider
7 Fax No.: (317) 685-7221
8
9 with a copy to: Jeffrey S. Arnold
10 Rudnick & Wolfe
11 203 North LaSalle Street
1? Suite 1800
13 Chicago, Illinois 60601
1� Fax No.: (312) 236-7�16
1�
16 9.8. Counterparts. This Agreement may be executed in several counterparts, each
17 of which shall be an original and all of which shall constitute but one and the same agreement.
18
19 9.9. No Recordation. The Parties agree that this Agreement may not and shall not
20 be recorded without the prior written consent of Developer.
21
22 9.10. Consent or AQproval. Except as other�vise provided in this Aareement,
� 23 whenever consent or approval of either Party is required, such consent or approval shall not be
24 unreasonably withheld.
� "=�
�< 9.11. Term of Agreement. The term of this AQreement shall commence on the date
�'7 first above written and shall continue un[ii the date (the "Termination Date") which is the earlier
_8 of (x) the completion of the Project and the payment to Developer of all costs Developer has
?9 incurred for eligib(e Project Costs, and (y) December 31, 2016.
�0
� 1 9.12. Interpretation. This Agreement has been joinciy neaotiated by the Parties and
=�' shall not be construed aaainst a Party because that Party may have primarily assumed
>; responsibility for the drafting of this Agreement.
;1
;� 9.13. Exhibits. All exhibits attached hereto are declared to be a part of this A�reement
=G and are incorporated herein by this reTerence.
�"i
,e�..
il�rwr
:SA?044 05/10/96 :518 16
. . EX�I��ITi � TO �� �6--�f
�:�;e �lL_ Of �:�
, 1 IN WITNESS WHEREOF, the Parties have duly executed this Agreement pursuant to
2 all requisite authorizations as of the date first above written.
3
�w 4 CITY:
5
6 CITY OF GRAPEVINE, TEXAS, a home rule
7 municipality
8
9 By�
10 William D. Tate, City Mayor
11
12 ATTEST:
13 ..r
14
15 in a Huff, ity etary
16
17
18
19 APPROVED AS TO FORM:
20
21 � .
2� � . �' ` Y
23 John F. Boyle, Jr., City Atrorney .
24
3G��.�x�
JSA2044 OS/16/96 1518 17
EXHlBIT� TO �'��- �'�_�� �
* Pa�e _.L� ofi .��
1
2 DEVELOPER:
$�.:.� 3
4 GRAPEVIIVE MILLS,L.L,C.,a Delaa�l�nited
S ti�bility com�anY
6
7 By: MILI.S-GRAPEVII�tE I�1�II'I'ED
8 PART'lYERSHII', � Detaware limited
9 puR�rship� on of its two members
10
11 By: Mills-Grapevine Corporation, a
�2 Delaaac� oorporation. eole gectiral
13 partner
14 .
ls $7/: James F. Dausch
16 T1t1C: Executive � ice President
17
18 Attest• -- —
19
K�.,a
�-.:-,�
�s��o�u osii6� isi8 lg
EXH181T �" TO �`�� �l�'-��
� 3
p�,�� � 0+ 3=
1 EYHIBIT A-1
� �
3 LEGAL DESCRIPTIOV OF THE REINVESTl�1ENT ZONE
vr��
-�
�
5
�
�
�
r�r�.n JSr12C�=� O5/16i96 15 l8 A-1-1
[COPY OF=X`"�'� ���" to Ord. 96-07]
Page 1 of 5
EXHIBIT A-1
,
�
EXHIBIT TO �'�- ��' '�"�
Page � o; `�`�
Metes and Bounds Desc.iption
""""' 243 263 Acres
Grapevine TIF
Heirs of James Gibson Survey, Abstract No. 586
Heirs of 3ames Gibson Survey, Abstract No. �87
Henry Suggs Survey, Abstract No. 141�
Andrew Anderson Survey, Abstract No. 26
Tarrant Counry, Texas
Heirs of James Gibson Survey, Abstract No. I 7I�
C. S. Dunna�an Survey, Abstract No. 165�
John E. Holland Survey, �bstracc No. 6I4
Dallas County, Texas
BEING a tract of land containing 24;.253.acres, situated in the Heirs of J�-nes Gibson Survey,
Abstract No. �86, Heirs of James Gibson Survey, Abstract No. �87, Henry SuQ�s Survey, Abstract
No. 141�, anci the Andrew Anderson Survey, Abstract No. 26, aIl Tarrant Counry, Texas and also
beinQ situated in the Heirs of Iames Gibson Survey, Abstract No. 171�, C. S. Dunnaaarl Survey,
'"""' Abstract No. 165�, and the John E. Holland Survey, Abstract No.�614, all in Dallas County, Texas
� and 'oeing more particularly described bv metes and bounds as Tollows (besrir_?s based on the Citv
'�'' oi Gi3DeVine conu�oi raonumentationj: '
BEGIiv`IvNG at the intersection of the south ri�nt-oT-way iine ot Count`� �oad No. 3044 (40'
R.O.W.) with the northwest ri�ht-of-way line oi State ;�ighway No. 26 (var.aoie R.O.'�i.);
�?�:;�iCE i�z a westerly direction bear.ng to �he Ie�t along the c;irvin� southeri�- :ine or Counry Road
vo. �0�4, having a radial be3rin� of South ��'2�'06" West, a radius oi�00.00 :e�;, passing throu�h
� �oie oZ 3�°48'00", an arc distance or=?494 re�t to the �nd oi said cur��e:
'�-iENCE South 89°37'06" West, a distance ot�49.16 feei to the beginnins or'a curve oearing to
�he :ight having a radius of 440.00 Teet;
�:-iE�iCE in a westerly direction alon� the Iast meationed c;u-ve, passinQ -.h.rough an sngie of
�'''°�8''7", an arc distanc� or" 190.�� *eet to a point �or corne:;
i rENCE �outh 89°29'40" West, a dis•�ance or�3�.98 ieet to a point for c�rer;
T:iE�tCc North 00°20'07" West, a distance of:71.0� `eet :o a point ior corer;
�
T::�,�iC� �torth 80°08'27" East, a distance or o9.83 �ee; co a ooint r'or come-
�
�:�<-��z�SG�o.;rt&3(a.SCi(��022.02lG�APEv[NE'i� t'age i or�
EXHIBIT A-1
(Copy of -xhibi� "A" to vrc. 9o-G']
Page 2 of 5
E;CHIBIT � TO ���-� �� �I
Page � oi �
�
THENCE North 2�°»'�2" East, a tiistance of 62;.39 reet to a poir_t ror corner;
�rr
THENCE North 00°28'33" East, a distance of 183.8 i feet to a point to�.corner;
T'r�NC� North OS°31'27" West, a distance of 199.84 feet to a point ror corner;
THENCE North 00°07'10" East, a distance oi 78�.1? ieet to a point for corner;
TH�NCE South 89°�5'41" West, a distance ot�2.18 fe�;to a point for corner;
Ti�NCE North 16°48'10" East, a distance of 259.00 feet to a point for corner;
THENCE North 28°44'10" East, a distance oi 1�96.�1 feet to a point for corner;
THENCE North 35°35'10" East, a disiance of 269.66 feet to a point for corner;
THENCE North 49°54'10" East, a distance of 159.53 feet to a point for corner;
THENCE North 38°44'11" West, a distance of 766.07 feet to a point for corner;
�.
THENCE North 21°�0'42" East, a distance of 18�.69 feet to a point for corner;
�.r....
T.�NCE Soutn �8°44'; 1" East a distance oi 858.�7 feec to a point for corner;
:i�LNC� North �o°�3'10" East, a disance of 209.40 reet to a point for corner;
:HENCE North o6°43'10" East, a distance oi 277.03 feet to a point for corner;
:rENCE North 74°48'10" East, a �istance oT 23�.�2 ie�t to a point ror corner;
��-?yNCE North 88°06'10" East, a distance of�20.82 ieet to a point ior corner;
�':iENCE North 89°19'40" East, a distance of 3�2.35 feet to a point for corne:;
THENCE North O1 °49'16" East, a distance of 4�1_84 teet to a point for corner,
�HENCE South 88°10'45" East, a aistance oi i 60.00 feet to a ooint ior corner;
:::ENC� South O l °49'16" West, a distance of 486.98 iee; to a point tor coraer;
�
�:��NC� North 89°1�'09" Eas�, a uistance of 1983.97 :eet to a point tor corne:;
o...,,- ,,, „
� i=�NC� North �7 �_ �4 :ast a distance of 30�.97 iee: te a point �or corner;
_.�i-4'�:SGiO.M&B(nSC}(OG3022.O:JG�PFVINET� P3Qe ? oI�
[Copy of =xhibit "A" to GrC. 9v-G� ]
Page 3 of 5
EXHlBIT � TO �'��- ��-'�y
Paye � of .�.
"� TH+�NC� North 89°1�'09" East, a distance oi 3��.94 ieet to a point ror corner;
,�,,,, TH�NCE South 34°;4'1 S' West, a distance OI?4�.i I ieet to a point ior corner;
THENCE South 89°1�'09" West, a distance of 1�6.44 feet to a point tor corne:;
�'HENCE 5outh �7°�2'S4" VJest, a distance of 363_97 feet to a point ror corner;
TH�NC� Soutn 89°1�'09" VJest, a distance ot 2049.62 ieet to a point for corner;
THENCE South Ol °49'35" West, a distance oi 1240?1 feet to a point for corner;
THENCE South O1 °49'35" West, a distance o�44I.77 teet to a point ror corner;
THENCE South OS°59'45" East, a distance of 405.04 feet to a point for corner;
THENCE South 1�°12'45" East, a distance ot 324.23 feet to a point for corner;
THENCE South 31 °00'S9" West, a distance or 66�.91 feet to a point for comer;
,�. THENCE South 27°30'10" West, a distance oi 531.11 feet to a point for corner;
y�,,, , ��NC� South 4�°21'01_" Wes� a distance oi I��7?9 reet to a point on a curve whose cente:bea.,rs
South 3^-.°4='0�" �ast, a distance oi 4���.06 �eet;
Ti-?ENCE in a southwesterl� direction bearin� to the ieft alonQ the !ast mentioned curve, passina
throu�h an an�le of 07°48'02", an arc distance ot 6I8.87 ieet to a point ior corner;
TriENCc �iorth 4;'°4�'13" West, a distance of 19�.01 ieet to a point `or �orner;
T��-i�NCE Nonn d i°17'47" East, a distance oi 400.00 feet to the POI?vT OF BEGINNING and
CONTAi?�II'�iG 2i4.787 acres; .
Save and except a tract of land, containing �1.�24 acres, situated in :he Heirs of James Gibson
Survey, .�ost�ct �86 and the Henry Sug�s Sur�ey, Abstract No. 141�, in the Ciry or Grapevine,
Tar:ant Counry, Texas and being a portio❑ ot a calied 80.5�97-acres trac; a.s conveyed to Gatewav
Cente:Associates, Ltd. and evidenced in a Special Warranry Deea, recorCe� :n Volume 9799 at Paae
OI39 or the Deed Records of Tar:ant County, Texas, saia ��.�98-acre trac; being more oarticuiariy
aesc:ibed by metes and bounds as follows (bear�n�s �ased on t�e City of Grapevine conuol
monumentation j: v
�
�OMMENC??�iG at a concrete monument with br�ss cao tound at*.he south comer of a visibiiitv ciio
at �he inte:section ot the south rignt-ot-way iine oT Ande:son-Gibson Road (a called 40-�oot�wide
�
..:'Si-91?aSG70.M&B(ASC)(0630'_'.02:GRAPEVINET7F� Page � OI �
�COpy Of �.Xf'11D1t it r�ii LO �!"G!. 9tr-U �
Page 4 of 5
�X�1�31T � TO �-cz�- ��-�
,��.••. ?a�� � of .33
ri�ht-of-wayj with t'tie current ri�ht-o`wa�� Iine of State Fa.-m to Market Eiighway 2499 (FM 2499_
(a variable widtn riaht-ol-way));
�
THENCE South O1 °46'4�'" Vdest alono the west ri�ht-of-way Iine of said FM 2499, 83.81 feet to
a �/8-inch iron rod set for the POII�rT OF BEGINNING;
TH�NCE South 01 °46'42" West conunuinQ along said west right-of-way line oL FM 2499, 771.I6
ieet to a �/8-inch iron rod set for a corner;
THENCE South 46°46'?3" West, departinQ said west ri�ht-oi-way Iine, �6.�7 feet to a�/8-inc'r, iron
roci set for a comer; y
THENCE North 88°13'I 7" West, 103.41 feet to a �/8-incn iron rod set for the beginning oi a curve
to the lefr;
THENCE along the arc of said curve to the ieft, havin� a central anale of 71 °39'29", a radius oi
340.00 feet and an arc length of 425.23 feet to a set 5/8-inch iron rod;
TT-�ENCE Soufti 20°07'14" West, 18.98 feet to a �/8-inch iron rod set for the beginning of a curve
to the nght;
�
TI�ENCE alon� the arc of said curve to the riQht, having a central angle of 90°00'00", a radi��s of
�,,,, �� 30.00 ieet and an arc length of 47.12 feec to a �/8-inch iron rod set a; t'tie end oi said curve;
Tr�NCE Nor`�h o9°�2'40" West 11�8.�5 reet to a �/8-inch iron rod set at the be?innin� of a cu:ve
to the right;
'�:��NC� aIon� the arc oi said curve to the .ight, havina a centrai anQle of 08°34'24", a radius of
9;'7.OG ree; and an arc len�h of 146.19 ieet to a �/8-inch iron rod se: ior the ead of said curve;
Tr�NC� Nor�h 6 i °18'22" West, a distance o� ?5.92 fee; to a point for corner;
THENCE North 28°44'10" East, a distance of 45.40 feet to a point for come:;
:HENCE North �5°3�'10" East, a distance oi?�2.58 `eet to a point for come:;
:'��NC� Nor��h 49°54'10" East, a distance of Z2.�3 re�t to a point �or corner;
T�ENC� �orth �6°�3'10" East, a distance or�?9.94 reet to a point :or corne:;
�. i::�NCE North 66°43'10" East, a distance oi%45.69 �ee: to a point for corner;
�:���+C� North 74°48'10" �ast a distance oi 198.07 ie�t to a point tor corner,
Wrr
:.:�sz-a�:ss�;o_�,ga rAsc�ro�3o��.ovc�o.PEV►�n� Pa�e 4 of�
�
[Copy of �Xhi�it "A" to Gr�. 9o-G- ]
Page 5 of 5
�YNi31T '� TO �'� ��-'Ly
� pa.J� ...2� o# �'..�.._.
Tc:�NC� North 88°06'10" Fast, a distance oi 38�.20 fee; to a point for eorner;
� `:�'riLNC� South 78°18'��" East, a distance of 108.84 feet to a point for corner,
i�NCE North 89°1?'08" East, a distance of 29�.70 feet to a 5/8-inch iron rod set for corner;
TH�NC� South 44°28'04" �ast, 69.16 feet to the POINT OF BEGINNING and CONTAINING
��.�24 acres.
..�*
�r... -.
�
�
_...,_ =_:SGiQ.M&91ASC)(OG3022A2/GRAPSViNETiF� ?3Je � Or �
_X`i?31 i� TO �!�ry 4'�`°�9
1 EXHIBIT A-2 �a;� �_ Of '�
� , ,
3 DEPICTION OF THE REINVESTi�1ENT ZONE
�
� �
b
7
�
�
�
�1rwr JS�204� 0�%:6i96 i�18 .-�-?-1
lGopy of cxnioit ..ts.. to Ord. 96-07 �
Page 1 of 1
EXHIBIT A-2
. / ;/ c; ;,..
," �XHIBIT � jp �� .� �
�M . ;.
�' � �� Pac�e ._� ofi � o �-
�. ��, -0 / = •� � Y�
�¢ e
� -' � E -° �
j � / �C � W
� / °c
v
/ ❑ o
c
,� 'c �
L: Cvl� Sf �
� r;I '���� . 1 11 a .Zn
` . •' •, ,6 , ,.9.1p O�
• �w. ,� .ve c
u +oo�m s�.os �.
� � , a ':� � ea. ❑ � �..
� :� + :ss . a .9 �
ie ..w.e�� .e o, e.
. �i„ �ss.a� c $�
�� .�� a �
' u� 5��e.i e�ie � w =
+�s•�e'�C • 's.00
�� .,�a � s�s.i
�• � '� '4 r '39.66
l, N N,• :
� � _6 r /'a 11 '•.Or
1 �I� a
1 116 5 S!'�11 : d7C.37
� 19 v I
�S o r ea••�io + o� �
y ; . ,.�.�, . �
oe�o sro.
i �i s,�. _ E-
• �• ia. � Z
i .e�o. r �O
!� ,'`� .ea�sas ise.v C"' =a z U
I • r 7'! S� r 6)9 �
I ' 9 v 191 p9 Y.9� (tj E..
1. 0 a 1 _ u� ��
az
i� ._, �er+ � .' Z d �6�fn
� �
�I—•`s as�s � �wa.a �
v p�;. . �N � i C.�W
I� s s ar a n + i.� W cJ :..i-F-
� ss.� • roo.� � nl O C
� u� � s�a,x.a �x.n
,� i� �
. .�4��:•.�'�:' / 1 �� e. yi�� . i tn � !� i�d
� . II - i t.� ��� '.�2 U
i� y
�•� � � s�N' is.
�n II �e' '�o • o..o �
� - - ' w
..i +�'TT—°3"t3o' �t
�+w . i� I ' .ti .tii 'a � ::Y.ve �
�- I�� ! '_h V .�' 1
��
I � � i a.
I i i.�� +�s� OD • •p•�
{ �] S 'lA W � 59.13�
•I ' .( i71'N a .1
� 1 ` �������
I. ��
�1
r�..
'' " ••�—�1 •
r
i (' ; �
i �_. � �
I / � �
� � � Q
� � � �
I �
I ��i �
=� � c
��� r
�� M
� �'f EXHIBtT � ~
s� �
' A-Z
I , �
� I
� i
'r
I " � '_— '.[nc raro r 3r�t r - m a
� � �- '=0.i. ,"yo ' br� g � i � o
� �vn� �au.as s,r� So •.• •i 'r a o a �i `
i I� 19 '�'� �m u N O "'
� \ � —'f'�r3� ,aa .a • �� °1 .a' 3 � ei .3t,
O N p Gl ,
!, , �n o n � o° a`
I I� �, SHEET
�_
OF
EX�-1:3lT� TO ��C� Y�-� 1'
� � '?� 0 I -''`3
1 EYHIBIT B
,,�*» ,
3 LEGAL DESCRIPTION OF THE PROPERTY
, �
-�
wwr
�
6
��
�
�
'�r..� 1S�?04=� 0�/16iQ6 l�18 B-1
. �
. � EXHI8IT � Tp �-�k-- Q�.Z9
EXHIBIT B pu�p �'� Oi �—
,r•�w Metes and Bounds Description
173.118 Acres
�leirs of James Gebson Survey, Abstrart Nos. 586 and 587
�� and $eury Su�s Survey,Abstract No. 1415
� Tarrant County, Texas
BETNG a tract of land,containing 173.118 acres, sitUated in the Heirs of Jam�s Gibson Surveys,Nos. 58b
and 587 and ihe Hcnry Suggs Survey,Abstract No. 14I5, in the City of Crrapevine,Tarrant County,Texas
and being a portion of a ca(led 80.6597-ave tract as convrycd to Gat�way Center Associa±es, Ltd. and
evidenced in a Special Warranty Dee� recorded in Volumc 9799 at Page 0139,and being a portion of a
called 130.3523 acre tract as conveyed from The Rosewood Corporation to Rosewood Properties, Tnc.
and evidenced in a Generat Warranty Deed, recorded in Volume 77 i 0 at Page 1978 of the Deed Records
of Tarrant County,Texas, said 173.118acre ttact bting alI of Lot 1, Grapevine Mills Addition, an
Addition ta the City of Grapcvine, as recorded in Cabinet A, Siide 2718,Plat Records of Tarraut County,
- Texas, and being moce parricu(arly descnbed by metes and bounds as foIlows(bearings based on the City
of Grapevine contro! monumentation):
COMMENCING at a concrete monument;vith brass cap found ai thc south corner of a visibility clip at
the intersection of the south right-of-way line of Anderson-Gibson Road (a called 40-foot wide
undedicaced tight-of-way) witfi the current west right-�f-way line of Farm to Markei Highway 2499 (a
��
variable width right-of-way);
TF-iENCE South O1°46'42" West along the west right-of-way line of said FM 2499, 354.97 feec to a 5/8-
'�"""' inch iron rod set for the POINI"OF BEGINiv�NG;
THFNC£ in a southerly direction, continuing along said west right-of-way line of FM 2499, the
following:
— South O1°46'42" Wesi, 730.00 feet to a woo�en power pole found for a corner;
— South 08°12'27" West, 623.�9 feet;o a wooden power pole found for a corncr;
— South OS°57'27" West, 480.18 feet to a wooden power pole found for a comer, tt�e intersection of
said right-of-way and tl�t northwcsL right-ol-way line of State Higliway No. 121 (a variabie width
right-of-way);
THE.NCE in a southwesierly direcrion, along tfie nocchwrst right-of-way line oi said State Highway No.
121, ;h� following:
-- South 38°52'27" West, 191.89 fee:to a woodrn power pole found for a corner;
-- Soud� 30°3S'27" Wcst, 135.23 fecT to a woodrn powcr pole ;ound �or a cornc:;
�� — South 27°30'1 1" Wesi, 123.84 fcci to a�/8-ir,ch iron rod found for a comer on the northwesi
right-oi-way line oi Statc I-{ighway No. 26 (a variablc width rignt-of-way);
+11.r
��s:.�vL�ni.x�mi��.r.�e�titc tod,o:=.�soa.w�scr M�u.1 ?age 1 OT �
e=:\ki��!i � TO �-- ��-�j'
����° � p� .�3�
�'NCE in a southwcs�rly direction, along said northwest right-of-way line of State Highway No. 26,
�""'""' the following:
�.
— South 42°21'Ol" Wesi, 986.95 feet to a 5/8-inch iron rod set for a corner,
— Nort�t 47°38'S9" West, 5.00 feet to a 5/8-inch iron rod sei for a corncr;
— South 42°21'O1" West, 50.00 feet to a 5/8-inch iron rod set for a corner;
-- Sotrth 47°38'S9" East, 5.00 feet to a 5/8-inch iron rod set for a corncr,
— South 42°2I'01" West,549.74 feei to a %rinch iron rod found on the north linc of D/FW Hilton
Addition, an Addition to the Ci ty of Gra pevine accord i n g t o th e M a p o r p l a t t hereo f,recordcd in
Volume 388-145 at Page 096 ofthe Plai Records of Tarrant County,Texas;
?HFNCE South 89°38'45" West,along the north line ofsaid D/FW Hilton Addition, passing at 114.50
fee�a found 5/8-inc}� iron rod, continuing for a total distance of 1297.41 fect to a 5/8-inch iron rod set for
a corner on the east right-of-way line of Anderson-Gibson Road(a called SO-foot wide right-of-way),
from said corner, a found S/8-inch iron rod bcats Soutti 89'39' West,25.0 feet;
THENCE, in a noriherty direcrion, along the east right-of-way line of said And�rson-Gibson Road, the
following;
— North 00°54'33" Wcst, departing the north line of said D/FW Hilton Addition, t44.41 feet to a
�mew
5/8-inch iron rod set at the beginning of a curve to the rigfi�
�""" — Along the arc of said curve to the right having a central angle of 28° 10'S9", a radius of 928.95
feet, and an arc length of 450.94 feeL to a 518-inch iron rod set at tt�e end of Said cu�ve;
— North 27°16'26" F,ast, 430.69 feet to a 5/8-inch iron rod set for a corner;
— North I6°21'26" Eas� 194.50 f�et to a SB-inch iron rod set for a corner;
— North 02°06'34" West, 437.52 feet ta a %inch iron rod found foc a corner;
T�-�NCE South 89°45'S6" West, departing said e�st right�f-way Iine of said Anderson-Gibson Road,
l 7.99 feti to a railioad spike set on tl�e center)ine oi said Andcrson-Gibson Road (a called 40-foo[wide
undedicated right-of-way at this point);
THENCE in a northerly direction, along the ccnterline oi said Anderson-Gibson Roar1, the foilowing:
-- Norch 00°OS'22" West, 724.62 fe�t to a %-inch iron rod found for a corner;
— North 18°22'46" cast, 245.39 feet;o a bent�/8-inch iron rod found Ior a corner, from said rod,
two round Si8-inch iron rods bear North 00°13' West, 15.86 feet;
"'�"� -- North 2S°39'20" East, 147929 feet:o a raiJroad spike set for a corner;
�1M �
��svnv�r�,.9s��n,ii,ute c tisc cos�ozx.avsoe�neora M,«1 Page 2 02 �
EXHIBIT� TO ���- ��.--�`�f
Pu_,� ��o Q; 33
��
-- North 28°39'2S" East, 9922 feet to a bent 1/2-inch iron rod found for a corner;
— North 35'30'14" East,247.38 feet to a railroad spike set for a corner,
�"`"� — North 49°49'14" East, 247.40 feet to a bent I/2-inch iron rod found for a comer;
— North 56°45'45" Eas� 241.70 feet to a bent 1/2-inch iron rod fnundd for corner,
— North 66°38'30"East,25.80 feet to a railroad spike set for corner at the bcginning of a non-
igngcnt curve to the left;
7'HENCE departing said centcrline of Anderson-Gibson Road and along the arc of said curve to the lef�
having a radial bearing of South 29°22'S2"East, a ccntral angle of O1°53'O1",a radius of 758.00 fect, and
an arc lerigth of 24.92 feet to a 5/8-inch iron rod sei for a point of compound curvature;
THENCE along the arc of said curve to the lef� having a centr2l angle of 29°08'41",a radius of 1458.00
fett and an arc length of 741.64 fee2 to a 5/8-inch iroa rod set at the beginning of a curve to the Ief�
THENCE along the arc of said curv�io thc Icf� having a central angle of 90°S3'48",a radius of 30.00
feet and an arc length of 47.59 fcat to a 5/8-inch iron rod set at the end of said curve;
THENCE South 61°18'22" Eas�23.39 feet to a 5/8-inch iron rod set at the beginning of a cnrve to the
IeR; •
�*
THENCE along the arc of said curve to th� lef�having a c�ntral angle of 08°34'24", a radius of 977.00
teet and an arc length of I46.19 feet to a 5/8-inch iron rod set for the end of said curve;
il�r�r
T�NCE South 69°52'46"Eas� 1158.58 feet to a 5/8-inch iron rod set aL the beginning of a curve to the
left;
THENCE alortg the arc of said curve to the lef� E�aving a central angle of 90'00'00", a radius of 30.00
feet and sn arc length of 47.12 feet to a SB-inch iron rod sci at the end of said curve;
TFi'ENCE North 20°07'l 4" Eas� 18.98 feet to a 5/8-inch iron rod set at ih�beginning of a cvrve to the
right;
THEi�ICE along the arc of said curve to the righ[, having a central angle of 71°3 9'29", a radius of 340.00
fe�t and an arc Iength of 425Z3 feei to a 5/8-inch iron rod set for the end of said evrve;
THE.�'�10E Soutl� 88° 13'17" Eas� 103.41 feet to a 5/8-inch iron rod set for a comer;
T�-+:ENCE Norch 46°46'a3" East, 56.57 fe�t to the POI�iT OF BEGINNING and CONTAINiNG 173.118
acres oi land.
�•
irwr
;;�S�x�r�.�,»�,.,.�a4,�,��o:��s�►RO����, Page 3 of 3
EXHIBIT � TO �'�%� �C�'zy
1 EYHIBIT C �"�p °�� - Of --�
�� ,
3 CONCEPT PLAN
�
�rrr
J
5
����
��
��
�rrr :S;',=!�--: O�i ibi96 1�i8 C-1
EXHI IT '`" "."`` -==�-°`�
r�-. e
� of: EXHIBIT�" TO � � ���'`� l �
�,.�• ge �_L o -
yTE DATA I
� ' LOt 9V��UNa ri.00' ,� �.y
NVV3E4 LOT LZE .,-.YCP�Gr //,� . V\..�
• �or � 7.59t.tt� SF_ .I.09E.253_SF � � 1
* - --— .. g w
----. ..-- ... _.. _ � 0
...--------• + � �� ?t � aC�� � ��
. � � , "8 �v 8
-" ;
�. -< ,sar 8 ie.00• ie.ao• �
�,�_i " �,_...•i�E: '"' I AMO $ CURBED RUMO 8
`d'C ~ i t �' - °-
� 8
'` - . ,d � Q. ,b $
_�, � .°°�
�`"-1i • e.ar
_ ';�,L; � � � �S Q,. .� $
,\'/`,',`^/ _ _ __� ....:.a..J� � f SO N M►MKIMG SICM I �.
1 i .__ _._ ,r,. ��f\ p ►NM1W lML �U -�� I
/'� •a PII�SK.M
1 '�
�t• �� � 1 1 1 Id00� 1l.00' •� � �
e. � J .
y� ��� 1l00'
`�,s� ,�,�J-. ,' {��
�
....�._ ._.
.�,,1� �f wrQ,N
���- ^,:I� w m.� ►rwo+m.a
.,'�_.'''i � �
: � � u�cs N�vc.w�oTM a u� V
° 'i I ,sr�ta�uvt►vnvrx ar r ua�t�wtN a ie. •
. �� �eahC Swll IE OCSicN�i[D�tC0a0mG 10 TNE GUi►[mM[COOE
- - � I 1 _ p1I/IEII 1S,SEC710M 2S.N- S3.p
. � � Q
� • - ' ' ��; �a��
_.__ � ��,�,C a
� .,_.�,��
v.m�.+c vv� Q
pY �e•)
f�eal?/
;,1�.�. 1��'ty)
F
��\ '�
� �
7'�D.X1QIXRf W
' � b$� GKVwl[D SfLa�f
�1 . ^`C .
..._. /' � co+c a o�u�ac
/ ��MK OA.]0�OCLp
\ �L AGK CdO�E1i •�Krfrt
�
a��
. � 2'rw.0�COK�[R
fuM�W�O��C 7''o[
`\ ��SW��G Co.nK� ^
Q
ACCESSIBLE PARKING SIGN �
AND POST INSTALLA710N o � O
�a z
_ _ p ._; U O
— — �R a� Q c�D
` � � � I
� �� � �� � �
c0
�CCESS�BLE � Y� � �
°m� ARHING C
- � � � L (V
:�Sr - 3} ' . � N �•`-' a O
_G.� .
_�f� � �-' ON � �
��-.s: _ _�� ="
;� t 's� =-�°
�= 1 «rz
� . �� I�TI�L
�� �� .—"' • VAN
` � " � ACCESS�BL.E rov.".,ts.�a.+w.rau
ARKINC A""��"'NO/
[� � � (li�//n-In
t�cn+oF,�
`� - �[wrc mae
�� ._ � ACCESSIBIE PARKING SIGNS
�,...d:.�.vA.f...+
ran�m�rr _....,..._.�..,,.�-_..,.._
. l0T t. BIOCK � �S'TF.f�
GRAPEVINE MILLS AOD�TION
d10�MNICE ''_ '__—CASE NO.—'_"'_'—' . �,C f{�I1N
CU95-3E SU95-SO
1 0F 11 �`����`
ow a-w-w
' ��y�-�z �
EXHI�IT� TO
°ay� � of .�—
1 EYHIBIT D
�ww �
3 PRELII�Ili\rARY DESCRIPTION OF
�r 4 PUBLIC II�IPROVENIENTS AND ELIGIBLE PROJECT COSTS
�
b
7 The following matters are preliminary and are provided for informational purposes only
8 and are not meant to be an exhaustive or exclusive list of Project Costs that Developer or the
9 City may incur, provided, however that Developer may not receive more than $27,500,000.00
i0 (in 1995 dollars) as payment and reimbursement for all Project Costs which Developer incurs.
�i The specific Projects Costs that Developer incurs and for which Developer may seek and receive
?? reimbursement shall be as provided in this Aareement.
i3
i4 � Street Construction
l�
16 • Public Parking Facility
17
18 • Storm Water Drainage System
19
20 • Water L'tility Distribution System
?1
22 • Wastewater Utility Co(lection System
�� ��
�
?=� • Other Eligible Project Costs
�M
�A
�"� 'S�?044 O�i 16i96 1�13 1�-1