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Home My WebLink AboutContract 31701-A1 CITY SECRUAW CONTRACT NO. ° AMENDMENT TO CITY SECRETARY CONTRACT NO.31707 SOUTH TRACT DEVELOPMENT AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO.31707, DEVELOPMENT AGREEMENT is entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, Johnson, Parker and Wise Counties, Texas (hereinafter referred to as the "City"), and EDWARDS GEREN, LTD., (hereinafter referred to as "Family"). The City and Family are individually referred to as a"Party" and collectively as the "Parties". RECITALS WHEREAS,the City of Fort Worth("City")and Edwards Geren Limited-("Family")made and entered into City Secretary Contract ("CSC") No. 31707 authorized by City Council by M&C C-20436 on December 7, 2004 to enter into a ten year development agreement for limited purpose annexation of approximately 277 acres; and WHEREAS, CSC No. 31707 South Tract Development Agreement("Agreement") set out the terms of applicable regulations, the application of development fees and construction of utilities related to the construction of the Chisholm Trail Parkway,the costs of infrastructure required for the development of the Property, impact fees, water and sewer services and other services provided by the City; and WHEREAS, the Agreement provided for a time table for annexation of the approximately 277 acres wherein the City would be able to annex the Property for full purpose annexation on or after December 31,2014;and WHEREAS, by Special Warranty Deed with Water Reservation dated December 28, 2012, recorded as Instrument No. D212318326 in the Tarrant County, Texas Real Property Records, Family conveyed the subject property to Southwest Pasture, Ltd., a Texas limited partnership ("Southwest Pasture"), which succeeded to the interests of the Family under CSC No. 31707. WHEREAS, Southwest Pasture has approached the City to request an extension to the agreement to postpone full purpose annexation into the City until on or after December 31, 2019 and amend the agreement term from ten years to fifteen years in length; and WHEREAS,the staff has no objections to the request; and OFFICIAL RECORD CSC.No. 31707 Amendment-South Tract CITY SECRETS 1 of' I:\01631\0001\N N9013.DOC FT. WORTH,TX NOW THEREFORE, City and Southwest Pasture acting herein by and through their duly authorized representatives, enters into the following that amends CSC No. 31707: 1. Section 3, "Annexation" is amended to revise the term to read as follows 3. Annexation. Except as provided in Section 4 of this Agreement, each application for a preliminary plat for the phased development of the South Tract will be prepared in conformity with the Development Regulations and be accompanied by an application for full purpose annexation of all the property covered by the preliminary plat application (including, if necessary, the narrowest strip of land legally allowed by law to connect the property being full-purpose annexed to the full- purpose corporate limits of the City). Notwithstanding anything in this Section 3 to the contrary, however, the City may annex the remainder of the South Tract for full purpose annexation on or after December 31, 2019. 2. Section 7,"Term" is amended to revise the term to read as follows: 7. Term. The term of this Agreement shall begin on the Effective Date and shall continue for a period of 15 years. 3. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. EXECUTED on this the-&J day of_ �. , 2014. CSC.No. 31707 Amendment-South Tract Page 2 of 5 I A01631\0001\NN9013.DOC r CITY OF FORT WORTH: SOUTHWEST PASTURE, LTD.: By: �� LhGC.. By: Cassco Management C any, LLC, Fernando Costa, Assistant City Manager its General Part er By: Crawfor H. Edwards Manager Date: /Z// .9 Date: APPROVED AS TO FORM AND LEGALITY: By: &I Melinda Ramos, Assistant City Attorney M&C: C-27076 ATTEST: Mary Kayser s City Secretary C* 4 OFFICIAL RECORD CITY SECRETA��'')R((Y CSC. No. 31707 Amendment-South Tract FT'WORTH'Page 3 f 5 I:\01631\0001\NN9013.DOC ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Crawford H. Edwards, Manager of Cassco Management Company, LLC, a Texas limited liability company, as General Partner of Southwest Pasture, Ltd., a Texas limited partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said company and partnership, for the purpose and consideration therein expressed and in the capacity therein stated. GIVE IN UNDER MY HAND AND SEAL OF OFFICE this _�_day of �e Q_1Z vy\�bge r , 20_1j. LORI DURCHOL2 ik)w0l =`°•' ^c Notary Public,State of Texas My Commission Expires Notary Public in and for the S ate of Texas fo��`• June 30, 2017 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY H k D AND SEAL OF OFFICE this day of � EVONIA DANIELS Notary Public,State of Texas My Commission Expires (Notary Public in and for the State of Texas July 10, 2017 OFFICIAL RECORD CSC.No. 31707 Amendment-South Tract CITY SECRETARY Page 4 of 5 I:\01631\0001\NN9013.DOC FT. WORTH, TX M&C Review Page I of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fou V oRTH COUNCIL ACTION: Approved on 11/11/2014 DATE: 11/11/2014 REFERENCE C-27076 LOG NAME: 12SOUTHTRACTAMND2014 NO.. CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of an Amendment to the South Tract Development Agreement, City Secretary No. 31707, with Southwest Pasture Ltd. an Affiliate of Edwards Geren Limited, to Extend the Term Five Years and Delay Full-Purpose Annexation Until on or After December 31, 2019 (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Amendment to the South Tract Development Agreement, City Secretary Contract No. 31707, with Southwest Pasture Ltd. an affiliate of Edwards Geren Limited, to extend the term of the Agreement and delay the date at which the City may initiate full-purpose annexation until on or after December 31, 2019. DISCUSSION: On December 7, 2004, the City of Fort Worth and Edwards Geren Limited (EGL), entered into a Development Agreement(City Secretary Contract No. 31707). Under the Agreement, EGL, a Texas Limited partnership, owning approximately 277 acres located north of Oakmont Boulevard, west of Hulen Street, south of Overton Ridge Boulevard and east of Bryant Irvin Road (the Property) agreed to an annexation for limited purposes by the City of the Property, related development regulations applicable during limited purpose annexation and mutually agreed with the City to delay for ten years full-purpose annexation by the City until on or after December 31, 2014. The ten year South Tract Development Agreement for the development of the Property sets out the terms of applicable regulations, the application of development fees and construction of utilities related to the construction of the Chisholm Trail Parkway, the costs of on-site infrastructure required for the development of the Property, impact fees, water and sewer service and other services provided by the City. In addition, the Property may be used by EGL for farming, ranching and related activities prior to full annexation. On December 28, 2012, EGL conveyed the Property to an affiliate, Southwest Pasture Ltd., a Texas limited partnership (Instrument No. D212318326). Southwest Pasture Ltd. has approached the City to request an extension to the Agreement to postpone the full purpose annexation of the Property into the City until on or after December 31, 2019 and to amend the Agreement term from ten years to fifteen years in length. Staff recommends amending the South Tract Development Agreement to reflect a new December 31, 2019 term for the Agreement and delay of full-purpose annexation by the City of the South Tract until on or after December 31, 2019. The Property is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will not increase the total appropriations of City funds. http://apps.ct'wnet.org/council_packet/mc review.asp?ID=20485&councildate=11/11/2014 12/30/2014 'M&C Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Sarah J. Fullenwider(7606) Additional Information Contact: Melinda Ramos (7631) ATTACHMENTS 12SOUTHTRACTAMND2014 ExhibitMap Area-J.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=20485&councildate=11/11/2014 12/30/2014