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2024-034 - Accepting for filing a petition for establishment of the Foresbrook Public Improvement District No. 1CERTIFICATE FOR RESOLUTION NO. 2024-034 THE STATE OF TEXAS LAMAR COUNTY CITY OF PARIS We, the undersigned officers of the City of Paris, Texas (the "City"), hereby certify as follows: 1. The City Council (the "Council") of the City convened in a regular meeting on August 12, 2024, at the designated meeting place, and the roll was called of the duly constituted officers and members of the Council, to wit: Mihir Pankaj, Mayor Gary Savage, Mayor Pro Tem Shatara Moore, Council Member Mickey Ellis, Council Member Rebecca Norment, Council Member Alix Putnam, Council Member Rudy Kessel, Council Member Janice Ellis, City Clerk and all of said persons were present except Mihir Pankaj and Shatara Moore, thus constituting a quorum. Whereupon, among other business the following was transacted at said meeting: a written A RESOLUTION OF THE CITY OF PARIS, TEXAS ACCEPTING FOR FILING A PETITION FOR ESTABLISHMENT OF THE FORESTBROOK PUBLIC IMPROVEMENT DISTRICT NO. 1; CALLING A PUBLIC HEARING ON THE ADVISABILITY OF THE CREATION OF SAID DISTRICT; AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY CLERK REGARDING THE PUBLIC HEARING; AND APPROVING A PROFESSIONAL SERVICES REIMBURSEMENT AGREEMENT was duly introduced for the consideration of the Council. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said Resolution, prevailed and carried, with all members of the Council shown present above voting "Aye," except as noted below: NAYS: ABSTENTIONS: 2. A true, full, and correct copy of the aforesaid Resolution passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Resolution has been duly recorded in the Council's minutes of said meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of said meeting pertaining to the passage of said Resolution; the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of the Council as indicated therein; that each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid meeting, and that said Resolution would be introduced and considered for passage at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given all as required by the Texas Government Code, Chapter 551. 3. The Council has approved and hereby approves the Resolution; and the Mayor and City Clerk hereby declare that their signing of this certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED ON AUGUST 12, 2024. J.'i ice Ellis, City Clerk tyo loo .1 � N G°ry Savae, Mayor P- 'em City of Paris, Texas Signature Page to Certificate for Resolution Accepting Petition and Calling Creation Hearing N0. 2024-034 A RESOLUTION OF THE CITY OF PARIS, TEXAS ACCEPTING FOR FILING A PETITION FOR ESTABLISHMENT OF THE FORESTBROOK PUBLIC IMPROVEMENT DISTRICT NO. 1; CALLING A PUBLIC HEARING ON THE ADVISABILITY OF THE CREATION OF SAID DISTRICT; AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY CLERK REGARDING THE PUBLIC HEARING; AND APPROVING A PROFESSIONAL SERVICES REIMBURSEMENT AGREEMENT WHEREAS, the City of Paris, Texas (the "City"), is authorized under Chapter 372 of the Texas Local Government Code (the "Act"), to create a public improvement district within its corporate limits; and WHEREAS, on July 10, 2024, Lone Star Planned Developments, LLC, a Texas limited liability company, being the owner of (1) taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located and (2) record owner of real property liable for assessment under the proposal who: (A) constitutes more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (B) owns taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal, within the corporate limits of the City, submitted and filed with the City Clerk a petition (the "Petition"), attached as Exhibit A, requesting the establishment of the Forestbrook Public Improvement District No. 1, consisting of approximately 59.62 acres of property within the corporate limits of the City (the "District"); and WHEREAS, the Petition described public improvements that the property desires to be made within the public improvement district; and WHEREAS, the City Council of the City (the "Council") will hold a public hearing in accordance with Section 372.009 of the Act regarding the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs; and WHEREAS, it is hereby officially found and determined that the meeting at which this resolution was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code; and WHEREAS, in order to hold a public hearing for the creation of a public improvement district, notice must be given in a newspaper of general circulation in the municipality before the 15th day before the date of the hearing, and written notice must be mailed to the current address of each owner, as reflected on the tax rolls, of property that would be subject to assessment under the proposed public improvement district; and 3 WHEREAS, both newspaper notice and mailed notice must contain the information required for notice as provided for in Section 372.009 of the Act; and WHEREAS, the Council has determined to hold a public hearing on September 9, 2024 on the creation of a public improvement district; and WHEREAS, the Council finds that the passage of this Resolution is in the best interest of the citizens of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1: All of the above recitals are hereby found to be true and correct factual determinations of the City and are hereby approved and incorporated by reference as though fully set forth herein. Section 2: City Staff reviewed the Petition and determined that the same complied with the requirements of the Act and the Council hereby accepts the Petition. Section 3: That a public hearing is hereby called for September 9, 2024 at 5:30 p.m. in the City Council Chamber at City Hall, 107 E. Kaufman Street, Paris, Texas 75460, for the purpose of hearing public testimony with respect to the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs. Section 4: At such time and place the Council will hear testimony regarding the creation of the proposed public improvement district and the Council may, within its sole discretion, consider the adoption of a resolution authorizing the creation of the proposed public improvement district. Section 5: The Petition attached hereto as Exhibit A contains a legal description of the 59.62 acres of property to be included in the proposed public improvement district. Section 6: Attached hereto as Exhibit B is a form of the Notice of Public Hearing (the "Notice") the form and substance of which is hereby adopted and approved. Section 7: The City Clerk is hereby authorized and directed to cause said Notice to be published in substantially the form attached hereto, in a newspaper of general circulation in the City, and to mail a copy of said Notice to all landowners within the boundaries of the proposed public improvement district as required by law. The City Clerk shall provide Notice on or before the 15th day before the September 9, 2024 hearing. 11 Section 8: The Professional Services Reimbursement Agreement (the "PSA") between the City and the Petitioner is hereby authorized and approved in substantially final form attached hereto as Exhibit C, which the City Manager is hereby authorized to execute and deliver. Section 9: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this resolution without the invalid provision. Section 10: This resolution shall be in full force and effect from and after its passage, and it is accordingly so resolved. PASSED AND APPROVED ON THIS 12TH DAY OF AUGUST, 2024. I H1111., 11AE Q;rro�''�, ATTESt J ce Ellis, City ClerkW APPROVED AS TO FORM: Ste*-Hlarris, City Attorney APPROVED: .. ._ ._.... ,.... _ - m._....w Gary Save, Mayor Pro Jm 5 Exhibit A Petition to Establish Forestbrook Public Improvement District No. 1 A-1 PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF PARIS, TEXAS (City of Paris Public Improvement District No. 1) THE STATE OF TEXAS COUNTY OF LAMAR The undersigned petitioner (the "Petitioner"), acting pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the "Act"), hereby petitions and requests the City Council of the City of Paris, Texas (the "City") create a public improvement district (the "District") encompassing the approximately 59.62 acres described in Exhibit A attached hereto ("Property") located within the corporate limits of the City, and in support of this petition the Petitioner would present the following: SectionIT lm. Standinof Petitioner. The Petitioner is (1) the owner of taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located; and (2) record owner of real property liable for assessment under the proposal who: (a) constitutes more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (b) owns taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal. Section 2., General nature of the rrot;ased public lmlrovements. The proposed public improvements (collectively, the "Authorized Improvements") include : (i) design, construction and other allowed costs related to street and roadway improvements, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) design, construction and other allowed costs related to water, wastewater and drainage (including storm drainage and detention) improvements and facilities; (iii) design, construction and other allowed costs related to parks, open space and recreational improvements, including trails and landscaping related thereto; (iv) design, construction and other allowed costs related to projects similar to those listed in sections (i) — (iii) above authorized by the Act, including similar off-site projects that provide a benefit to the Property; (v) acquisition, by purchase or otherwise of real property in connection with an Authorized Improvement; (vi) payment of expenses incurred in the establishment, administration, and operation of the District and (vii) payment of expenses associated with financing such public improvement projects, which may include but are not limited to, costs associated with the issuance and sale of revenue bonds secured by assessments levied against the Property within the District. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Section3,. Estimated „cost of the „pro used AuthorizedIml rovements: Petitioner estimates the cost to design, acquire and construct the Authorized Improvements is $20,000,000. 018581,000001` 1895-8205-9978.vI Section 4. Boundaries. The proposed boundaries of the District are described in Exhibit A. Section 5. Method of assessment. The City shall levy assessments on each lot or parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefitted. Section, 6. Aj2pgrtigAment of cost. The proposed apportionment of cost between the District and the City as a whole is as follows: The City will not be obligated to provide any funds to finance the Authorized Improvements. All of the costs of the Authorized Improvements will be paid from assessments levied on properties in the District and from other sources of funds, if any, available to the Petitioner. Section 7. Management of the District,. The management of District will be the ultimate responsibility of the City; provided that, to the extent allowed by law, the City may initially contract with a private company to cant' out all or a part of such City responsibilities, as well as the day-to-day management and administration of the District. Section 8. Concurrence of the Petitioner. The Petitioner signing this petition concurs in and requests the establishment of the District. Section 9. AdvispiNhoard. An advisory board is not required but may be established by the City to develop and recommend an improvement plan to the City Council of the City. This petition shall be filed with the Secretary of the City in support of the creation of the District by the City Council of the City as herein provided. The undersigned request that the City Council grant its consent as above stated. RESPECTFULLY SUBMITTED, on this day of July, 2024. [Signature on following page] 2 0 1958 1.00000 1\ 4895-8205-9978.v 1 CANE STAR PLANNED DEVELOPMENTS, LLC, a Texas limited liability company By: ...... . . .............. ... . . ................ Name: Nathan Spat in', Title: Managing Member THE STATE OF TEXAS § COUNTY OF 20ALw kU § - This instrument was acknowledged before me on this the '�fk day of 2024, by Nathan Spaulding, Managing Member of LONE STAR kANNE . DEVELOPMENTS, LLC, a Texas limited liability company, on behalf of said entity .......... Notary Public in and for the State of T E X A S (SEAL) CAMERON FORTUNE Notary Public, State of Texas Comm. Expires 04-77-2027 Notary ID 134309452 Exhibit A F�EQV� IN IN (FORESTBROOK LSTATE.S SUBDIVISION', PHASE, ONE) BEING a tract of land located in the JOSPEH LEACH SURVEY, ABSTRACT No. 524. Lamar County, Texas and being a portion of that certain called 91.20 -acre tract of land described as Tract I in deed to Lone Star Planned Developments, LLC, recorded in File No. 203288-2023 of the Official Public Records of Lamar County, Texas and being more Particularly described by metes and bounds as follows: BEGINNING at a point at the Southwest comer of said called 91.20 -acre tract. from which a inch iron rod found bears S 001 21' 55" E, 0.45 fest. said point lying in the North right-of-way line of Jefferson Road (F. M. 1507, an 80' right-of-way); THENCE N 000 21' 55" W. 758.95 feet along the West boundary line of said called 9L20 -acre tract to a point', THENCE S 990 37' 23" r, 159.07 feet departing said boundary line to a point; THENCE S 00' 22'37" W, 2,65 feet to a point, THENCE S 890 37' 23" E, 130.79 feet to a point-, THENCE S OW 22' 37" W, 5.75 feet to a point; THENCE S 830 37"00" E, 758-30 feet to a point; THENCE S 00' 22' 37" W. 742.11 feet to a point in the South boundary line of aforesaid called 91.20 -acre tract, lying in the aforesaid North rigbi-of-way line of Jefferson Road: THENCE along the South boundary line of said called 91.20 -acre tract with die said North right- of-way line of Jefferson Road as follows: N 850 32' 04" W. 782.02 feet to a concrete montunent found at die &,ginning of a Curve to the Left; NORTHWESTERLY, 254.59 feet along said Curve to the Left, having a radius of 11,=199.16 feet, a central angle of 011 16' 07 and a chord bearing N 86' 11' 49" W, 254.59 feet to the PLACE OF BEGE-JNIVG, containing 18-076 acres of land. 018591.000001W895 -8205-9978.v1 AffERM BEING a tract of land located in the JOSPEH LEACH SURVEY, ABSTRACT No. 524, Lamar County, Texas and being a portion of that certain called 91.20 -acre tract of land described as Tract I in deed to Lone Star Planned Development%. LLC, recorded in File No. 203299-2023 or the Official Public Records of Lamar County, Texas and being more particularly described by metes and bounds as follows: C01MMENCING at a point at the Southwest corner of said called 91.20 -acre tract, from which a '44nch iron rod found beam S 00v 21' 55" E, 0.45 feet, said point lying in the North right-of-way line of Jefferson Road (F. M. 1307, an 80' right-ol'way); THENCE N 000 21' 55" W, 758.95 feet along the West boundary line of said called 91.20-aere tract to the PLACE OF BEGINND;G of the tract herein described: THENCE N 00' 21- 55" W, 541.19 feet continuing along the West boundary line of said called 91.20 -acre tract a point-. THENCE N 89' 39' 53" E. 225.99 feet departing said boundary line to a point at the Beginning of a Curve to the Right: "THENCE SOUTREASFERLY. 60.01 feet along said Curve to the Right- having a radius or 755.82 feet, a central angle of 041 32` 56'"E. and a chord bearing S 86' 32' 10-'E. 59.99 feet to point at the End of said Curve. THENCE 8 830 39' 55" E. 54.64 feet to a point: THENCE S 83' 36* 59" E. 654.49 feet to a point', THENCL S 930 34' 16" E, 60.34 feet to a point THFNCE S Off 22"37" W, 547.95 feet to a point-, THFNCE NI, 83' 37'00" W, 758,30 feet to a point. THENCE N OW 22' 37" E, 5.75 feet to a point, THENCE N 890 37' 23" W. 130.71) feet to a point; THENCE N 00' 22'37*'E, 2.65 feet to a point: THENCE N 89" 37' 23" %V, 159.07 feet to the PLACE OF BEGINNING, containing 13.149 acres of land. 018581.0000014895-8205-9978.v I BEING a tract of land located in the JOSPEH LEACH SURVEY, ABSTRACT No. 524. Lamar County, Texas and being a portion of that certain called 91.20-acre tract of land described as Tract I in deed to Lone Star Planned Devc1opmeran. I.I.C. recorded in Filc'NTo_ 203298-2023 of the Official Public Records of Lamar County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a Iii-inch iron rod found with plastic cap stamped "K. WHITLEY" at the Southmt comer of said called 91.20-acre tract, lying in the Westerly boundary line of that certain called 5.13-acre tract of land described in deed to Billy G, Long, ct a], recorded in File No. 157159-2019 of the Official Public Records of Lamar County. Texas; THENCE along the South boundary line of said called 91.20-acre tract as follows: N 88- 03' 17'W, 345.48 feet with a Westerly boundary line of said "led 5,13-acre tract to inch iron rod found with plastic cap stamped "BY-LINE" at the most Westerly Northwest comer of said called 5.13-acro tram lying in the North riglwof-way line of Jefferson Road (F- M. 1507, an 80'rig* ht-of-way); N 850 32' 04" W, 625.03 feet with the said North right-of-way line of Jefferson Road to a point; TJ IENCE N 000 22' 37" E. 1290.06 feet departing said right-of-way line tria point; THENCE 8 83' 34' 16" E. 710.72 feet to a point; THENCE N 06* 46' 04" E. 2.01 feet to a point, THENCE SOUTHEASTERLY, 61.34 feet along a Curve to the Left. having a radius of 1302.42 feet, a central angle of 02' 41' 54" and a chord bearing 8 87' 50' 35" E. 61.33 feet to a point at the End ofsaid Curve, IIIENCE N 89' 57' 57" E. 121.01 feet to a point: THENICE S 999 37' 23" E, 73.55 fee[ to a point in the East boundary line of aforesaid called 91.20-acre tract. being the West boundary line of that certain called 19.36-acre tract inadoresaid Lone Star Planned Developments. LLC deed; THENCE along the East boundary line of said called 91.20-acre tract as follows: S 00' 46' 10" E, 605.93 feet with the West boundary line of said called 19.36-acre tract to a inch iron rod found with plastic cap stamped "BY-11NIE'"at the Southwest comer thereof, being, the Northwest comer of that certain called 3.701 -acre tract of land described in deed to Dale Long and Billy G. Long, recorded in Volume 495. Page 162 of the Real Property Records of Lamar County. 'texas, being more fully described iti aRclease or Lien recorded in Volume 668. Page 13 of the Real Property Records of Lamar County, Texas-, S 000 54' 36" W, 66433 feet with the Westerly boundary line of said called 3.701-acre tract and aforesaid called 5.13-acre tract to The PLACE OF BEGINNING. containing 28.396 acres of land. 01858 1.000001 \4895-8205-9978.v 1 Exhibit A Metes and Bounds Description of Property 4871-0204-2326.v1 TRACT2 (FORESTBROOK ESTATES SUBDIVISION, PHASE ONE) BEING a tract of land located in the JOSPEH LEACH SURVEY, ABSTRACT No. 524, Lamar County, Texas and being a portion of that certain called 91.20 -acre tract of land described as Tract 1 in deed to Lone Star Planned Developments, LLC, recorded in File No. 203288-2023 of the Official Public Records of Lamar County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point at the Southwest corner of said called 91.20 -acre tract, from which a'/2- inch iron rod found bears S 00° 21' 55" E. 0.45 feet, said point lying in the North right-of-way line of Jefferson Road (F. M. 1507, an 80' right-of-way); THENCE N 000 21' 55" W, 758.95 feet along the West boundary line of said called 91.20 -acre tract to a point; THENCE S 890 37' 23" E, 159.07 feet departing said boundary line to a point; THENCE S 00° 22' 37" W, 2.65 feet to a point; THENCE S 89° 37' 23" E, 130.79 feet to a point; THENCE S 000 22' 37" W, 5.75 feet to a point; THENCE S 830 37' 00" E, 758.30 feet to a point; THENCE S 000 22' 37" W, 742.11 feet to a point in the South boundary line of aforesaid called 91.20 -acre tract, lying in the aforesaid North right-of-way line of Jefferson Road; THENCE along the South boundary line of said called 91.20 -acre tract with the said North right- of-way line of Jefferson Road as follows: N 85° 32' 04" W, 782.02 feet to a concrete monument found at the Beginning of a Curve to the Left; NORTHWESTERLY, 254.59 feet along said Curve to the Left, having a radius of 11,499.16 feet, a central angle of 0l° 16' 07" and a chord bearing N 86° 11' 49" W, 254.59 feet to the PLACE OF BEGINNING, containing 18.076 acres of land. 4871-0204-2326.vl TRACT 3 BEING a tract of land located in the JOSPEH LEACH SURVEY, ABSTRACT No. 524, Lamar County, Texas and being a portion of that certain called 91.20 -acre tract of land described as Tract 1 in deed to Lone Star Planned Developments, LLC, recorded in File No. 203288-2023 of the Official Public Records of Lamar County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a point at the Southwest comer of said called 91.20 -acre tract, from which a lh-inch iron rod found bears S 00° 21' 55" E, 0.45 feet, said point lying in the North right-of-way line of Jefferson Road (F. M. 1507, an 80' right-of-way); THENCE N 000 21' 55" W, 758.95 feet along the West boundary line of said called 91.20 -acre tract to the PLACE OF BEGINNING of the tract herein described; THENCE N 000 21' 55" W, 541.19 feet continuing along the West boundary line of said called 91.20 -acre tract a point; THENCE N 890 39' 53" E, 225.89 feet departing said boundary line to a point at the Beginning of a Curve to the Right; THENCE SOUTHEASTERLY, 60.01 feet along said Curve to the Right, having a radius of 755.82 feet, a central angle of 04° 32' 56" E, and a chord bearing S 861 32' 10" E, 59.99 feet to a point at the End of said Curve; THENCE S 830 39' 55" E, 54.64 feet to a point; THENCE S 830 36' 59" E, 654.48 feet to a point; THENCE S 830 34' 16" E, 60.34 feet to a point; THENCE S 000 22' 37" W, 547.95 feet to a point; THENCE N 83° 37' 00" W, 758.30 feet to a point; THENCE N 000 22' 37" E, 5.75 feet to a point; THENCE N 890 37' 23" W, 130.79 feet to a point; THENCE N 000 22' 37" E, 2.65 feet to a point; THENCE N 890 37' 23" W, 159.07 feet to the PLACE OF BEGINNING, containing 13.149 acres of land. 4871-0204-2326.v 1 TRACT 4 BEING a tract of land located in the JOSPEH LEACH SURVEY, ABSTRACT No. 524, Lamar County, Texas and being a portion of that certain called 91.20 -acre tract of land described as Tract 1 in deed to Lone Star Planned Developments, LLC, recorded in File No. 203288-2023 of the Official Public Records of Lamar County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 -inch iron rod found with plastic cap stamped "K. WHITLEY" at the Southeast comer of said called 91.20 -acre tract, lying in the Westerly boundary line of that certain called 5.13 -acre tract of land described in deed to Billy G. Long, et al, recorded in File No. 157159-2018 of the Official Public Records of Lamar County, Texas; THENCE along the South boundary line of said called 91.20 -acre tract as follows: N 880 03' 17' W, 345.48 feet with a Westerly boundary line of said called 5.13 -acre tract to a 1/2 - inch iron rod found with plastic cap stamped `BY-LINE" at the most Westerly Northwest corner of said called 5.13 -acre tract, lying in the North right-of-way line of Jefferson Road (F. M. 1507, an 80' right-of-way); N 85° 32' 04" W, 625.03 feet with the said North right-of-way line of Jefferson Road to a point; THENCE N 000 22' 37" E, 1290.06 feet departing said right-of-way line to a point; THENCE S 830 34' 16" E, 710.72 feet to a point; THENCE N 06° 46' 04" E, 2.01 feet to a point; THENCE SOUTHEASTERLY, 61.34 feet along a Curve to the Left, having a radius of 1302.42 feet, a central angle of 02° 41' 54" and a chord bearing S 87° 50' 35" E, 61.33 feet to a point at the End of said Curve; THENCE N 890 57' 57" E, 121.01 feet to a point; THENCE S 890 37' 23" E, 73.55 feet to a point in the East boundary line of aforesaid called 91.20 -acre tract, being the West boundary line of that certain called 19.36 -acre tract in aforesaid Lone Star Planned Developments, LLC deed; THENCE along the East boundary line of said called 91.20 -acre tract as follows: S 000 46' 10" E, 605.93 feet with the West boundary line of said called 19.36 -acre tract to a 1/2 - inch iron rod found with plastic cap stamped `BY-LINE" at the Southwest corner thereof, being the Northwest corner of that certain called 3.701 -acre tract of land described in deed to Dale Long and Billy G. Long, recorded in Volume 495, Page 162 of the Real Property Records of Lamar County, Texas, being more fully described in a Release of Lien recorded in Volume 668, Page 13 of the Real Property Records of Lamar County, Texas; S 000 54' 36" W, 664.33 feet with the Westerly boundary line of said called 3.701 -acre tract and aforesaid called 5.13 -acre tract to the PLACE OF BEGINNING, containing 28.396 acres of land. 9 4871-0204-2326.v 1 Exhibit B City Consultants PID Application Expenses' Budget item P3Works (PID Administrator) City of Paris SAMCO (Financial Advisor) McCall (Bond Counsel Total Cost Estimate $ 20,000 7,500 15,000 15,000 .... $._57,50 . Estimated, subject to change for purposes of PID creation and the levy of assessments for the PID. Does not include additional costs associated with the issuance of bonds, which would be paid from a separate budget for bond issuance costs and reimbursed from bond proceeds. 10 4871-0204-2326.v 1 Exhibit B CITY OF PARIS, TEXAS NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended (the "Act"), notice is hereby given that the City Council of the City of Paris, Texas ("City"), will hold a public hearing to accept public comments and discuss the petition (the "Petition"), filed by Lone Star Planned Developments, LLC, a Texas limited liability company (the "Petitioner"), requesting that the City create the Forestbrook Public Improvement District No. 1 (the "District") to include property owned by the Petitioner and further described herein (the "Property"). Time and Place of the Hearing. The public hearing will start at 5:30 p.m. on September 9, 2024 in the City Council Chamber at City Hall, 107 E. Kaufman Street, Paris, Texas 75460. General Nature of the Proposed Authorized Improvements. The proposed public improvements include: (i) design, construction and other allowed costs related to street and roadway improvements, signalization, landscaping, lighting, signage, off-street parking and right- of-way; (ii) design, construction and other allowed costs related to water, wastewater and drainage (including storm drainage and detention) improvements and facilities; (iii) design, construction and other allowed costs related to parks, open space and recreational improvements, including trails and landscaping related thereto; (iv) design, construction and other allowed costs related to projects similar to those listed in sections (i) - (iii) above authorized by the Act, including similar off-site projects that provide a benefit to the Property; (v) acquisition, by purchase or otherwise, of real properly in connection with an Authorized Improvement; (vi) payment of expenses incurred in the establishment, administration, and operation of the District and (vii) payment of expenses associated with financing such public improvement projects, which may include but are not limited to, costs associated with the issuance and sale of revenue bonds secured by assessments levied against the Property within the District. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire and construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in establishment, administration and operation of the District is approximately $20,000,000. Boundaries of the Proposed District. The District is proposed to include approximately 59.62 acres of land generally located at the 3300 Block of Jefferson Road, located within the corporate limits of the City and as more particularly described by a metes and bounds description available for public inspection at the office of the City Clerk, located at 150 SE 1st Street, Paris, Texas 75460. Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including interest and principal), and certain assessments may be paid in annual installments (including interest and principal). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). M. Proposed Apportionment of Cost between the District and the City. The City will not be obligated to provide any funds to finance the Authorized Improvements, except for assessments levied on real property within the District. No municipal property in the District shall be assessed. All of the costs of the Authorized Improvements will be paid from assessments and from other sources of funds, if any, available to the Petitioner. During the public hearing, any interested person may speak for or against the establishment of the District and the advisability of the improvements to be made for the benefit of the property within the District. IM Exhibit C Professional Services Reimbursement Agreement CSI PROFESSIONAL SERVICES REIMBURSEMENT AGREEMENT This Reimbursement Agreement (this "Agreement"), effective as of the 12"�' day of 20?Y, (the "Effective Date"), is made and entered into by and between The City of PgTis, Texas ("City") and Lone Star Planned Developments, LLC, a Texas limited liability company ("Owner"), herein collectively referred to as ("Parry" or "Parties"). WHEREAS, the Owner owns approximately 59.22 acres of land in the City that it desires to develop which is further described in Exhibit A hereto (the "Property"); WHEREAS, the Parties have determined that the financing of a portion of the costs of the Public Improvements necessary for the development of the Property, can be achieved by means of Chapter 372, Texas Local Government Code, as amended, entitled the Public Improvement District Assessment Act ("PID Act"); and WHEREAS, the Owner desires to develop the Property and has made petition to the City for a Public Improvement District ("PID") under the PID Act; and WHEREAS, the Parties hereto recognize that the City will continue to incur expenses through the entire PID review process until final completion of the development ("City Expenses") including but not limited to: professional services, legal publications, notices, reproduction of materials, public hearing expenses, recording of documents, engineering fees, attorney fees, special consultant fees, and fees for administrative time of City staff, and WHEREAS, as a part of the City Expenses, the Owner hereby agrees to pay for reasonable and necessary professional services provided by the consultants listed on Exhibit B, and by additional consultants approved in writing by the Owner (collectively, the "City Consultants"); NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Payment for ProfessionalServices. The Owner shall deposit with the City $40 000 for payment of City Expenses necessary to conduct the review and creation of the PID request within ten (10) days of receipt of request by the City: (a) City agrees to hold all Owner's contributions in a separate fund maintained by the City which may only be used for City Expenses related to the PID. (b) The City will pay City Expenses out of the amount deposited with the City and keep accounting of all charges for City Expenses incurred for the PID and any unused contributions shall be returned to the Owner. (c) Owner agrees that in the event the funds for City Expenses balance falls 4871-0204-2326.v 1 below $7,500, then Owner shall remit an additional amount of not less than $15,000. (d) In the event the balance for City Expenses is exhausted, upon notice, Owner shall pay the balance owed in full within fifteen (15) days in addition to the remittance of the additional funds as provided above. (e) In the instance that deposits of additional funds are not timely made, the City has no obligation to incur any additional costs and expenses in connection with the PID. (f) Failure of Owner to meet its obligations above may result in the suspension or revocation of any active development permits. (g) Upon request, the City shall provide to Owner a statement identifying all disbursements from the account for City Expenses for any City Consultant fees that are consistent with Exhibit B. 2. No ON ation to Establish PID. The Owner acknowledges that the City has no obligation to establish the PID or to issue any bonds or other indebtedness with respect thereto, and nothing contained within this Agreement shall create any such obligation. The Owners obligation to pay the City Expenses shall exist and continue independent of whether the PID or bonds or other indebtedness are approved. This Agreement shall confer no vested rights or development rights on the Property or to the Owner. Further, this Agreement shall provide no assurances, promises, or covenants to approve any development in the Property. 3. Termination. Either Party may terminate this Agreement for any reason or for no reason by providing at least five (5) days' written notice of termination. Termination of this Agreement shall be the sole and exclusive remedy of the City and the Owner, as the case may be, for any claim by either Party of any breach of this Agreement by the other Parry. The City shall be entitled to pay Consultants for all Professional Services incurred through the date of termination; however, any excess funds remaining after such payments have been made shall be promptly refunded to the Owner. Notwithstanding any other provision of this Agreement to the contrary, the obligation to repay such excess funds to the Owner in the event of a termination shall survive any termination of this Agreement, and the Owner does not release or discharge its right to such excess funds. 4. Entire Agreement. This Agreement contains the entire agreement between the Parties with respect to the transactions contemplated herein. 5. Amendment. This Agreement may only be amended, altered or revoked by written instrument approved by the City Council. 6. Successors and Assigns. Neither City nor Owner may assign or transfer their interest in the Agreement without prior written consent of the other Party. 4871-0204-2326.v1 7. Notice. Any notice and/or statement required and permitted to be delivered shall be deemed delivered by depositing same in the United States Mail, Certified, with Return Receipt Requested, postage prepaid, addressed to the appropriate party at the following addresses, or at such other addresses provided by the parties in writing: Com: City of Paris Robert Vine, Interim City Manager 135 1st St SE Paris, Texas 75460 Email Address: rvine@paristexas.gov Phone Number: (903) 784-9216 Owner: Lone Star Planned Developments, LLC Nathan Spaulding, Managing Member 609 S Goliad St #656, Rockwall, Texas 75087 Email Address: n„sl.pauldjnV,'1 r lonestar )ds.com Phone Number: (972) 804-4789 8. Interpretation. Regardless of the actual drafter of this Agreement, this Agreement shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably and neither more strongly for or against either party. 9. Applicablev Law. This Agreement is made, and shall be construed in accordance with the laws of the State of Texas and venue shall lie in Lamar County, Texas. 10. Severabi'li'In the event any portion or provision of this Agreement is illegal, invalid, or unenforceable under present or future law, then and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 11. Count m s. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. [SIGNATURE PAGES FOLLOW] 4871-0204-2326A CITY OF PARIS, TEXAS e BY�..�...��..... ..... _. Robert Vine, Interim City Manager Date..ZZa2_ 4871-0204-2326.v 1 OWNER LONE STAR PLANNED DEVELOPMENTS, LLC, a Texas limited liability company By: Name: Nathan Spaulding Title: Managing Member Date: 4871-0204-2326.v 1