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HomeMy WebLinkAboutContract 42508 CITY SECRETARY CONTRACT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR S"T"RIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER DEVELOPMENT AGREEMENT TEXAS LOCAL GOVERNMENT CODE § 43.035 THIS AGREEMENT ("Agreement") is made and effective this Z day of _ y 110+ 2011, by and between the City of Fort worth, Texas a home rule municipal corporation of the State of Texas (hereinafter referred to as "City") and 820 Management Trust hereinafter called "the Owner," whether one or more natural persons or other legal entities and is as follows: WHEREAS, the Owner's property as described in Exhibit A, hereinafter called "the Property," is located within the extraterritorial jurisdiction of the City and is therefore subject to potential involuntary annexation by the City; and WHEREAS, the Property is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code or as timber land under Subchapter E of that chapter; WHEREAS, the Texas Local Government Code § 43.035 provides that the City not . y ma y annex property appraised for such purposes unless it first offers to make a development agreement With the Owner pursuant to such section; and WHEREAS, the City has not notified the Owner of its intent to annex the Property, but pursuant to a Purchase and Sale Agreement (City Secretary Contract No. 42052) between City and Owner for the purchase by City of certain property owned by Owner that is adjacent to the Pro J perty, City has offered to enter into an agreement guaranteeing the continued extraterritorial jurisdiction status of the Property upon the terms and conditions hereinafter p rovided- and WHEREAS, the City desires that any development of the property be in conformance with the City's Comprehensive plan; and WHEREAS, the Owner desires to enter into this Agreement to secure the continued extraterritorial jurisdiction status of the Property. NOW "TI1 E RE FORE, in exchange for the mutual covenants, conditions and P romises contained herein, City and Owner agree as follows: 1. Identification of the Property. The Property is described as the ra ert owned p P Y by the Owner within the boundaries of the area described in Fxhibit ``A" eto and incorporated Herein by reference, «-hick except as otherwise set forth liereim ' ,71i4� WID Lid v�ilc�rt�m t�ix Sri � �tis : r '�f rp is lend t� r �i ,ri�iilttiral. ��i ldl i t� riian�it tTit~rat ��r ti ig t its li��rc�b� ��c:ltr�����l��d ��s and �igrc.�es th�it tl�e �m��ll p�ir<<�l �.`�t�i�ill P�irc�.�l"� ��. i k�� B liereto is not ctirrcntl � appraised r�iist f'� - � y p p d ft r Lid N�aloreni tLit purposes as land ti)r 1gr�Z'TdWTH1dt*-% Dcvelop;bent.1,;rLvmcnt-1:1nal 1 management or timber land use; provided however, Owner is currently makin g such use of the Small Parcel with the intent that it will so qualify in the future, and such use of the Small Parcel does not change. The City acknowledges and agrees that such status of the Small Parcel is not a violation of this Agreement. 2. Continuation of Extraterritorial Status. The Property shall not be annexed and shall remain in the extraterritorial jurisdiction of the City as long this A is effective, . g as Agreement g e, Owner or an affiliate of Owner owns the Property, the Property is not subdivided the Property, • p Y � p Y7 subject to the provisions of Section I hereof regarding the Small Parcel continues to be appraised .tor ad valorem tax purposes as land for agricultural or wildlife management use Linder Subchapter C or D, Chapter 23, 'Texas Tax Code, or as timber land tinder Subchapter E of that chapter and the Owner is not in violation of this Agreement. Notwithstanding anything to th g Y g e contrary contained herein, Owner and City acknowledge and agree that the Property currently p y Y has three Operation Sites containing wells owned and operated by Chesapeake Exploration, , L.L.C. ("Chesapeake") pursuant to an Oil and Gas Lease between Owner and Chesapeake. If Owner at any time during the term of this Agreement decides to sell and convey one or more of such Operation Sites to Chesapeake or its successors and assigns, such conveyance will not be deemed to be a violation by Owner of this Agreement. An f the Operation Sites that ar Y o p e conveyed to Chesapeake shall no longer be subject to this Agreement. This p rovision does not prohibit annexation upon petition of the Owner. 3. Application of Municipal Regulations. All regulations and planning authority of the City that do not interfere with the use of the land for agriculture, wildlife management or timber land use may be enforced with respect to the Property. Such regulations and planning authority may be enforced as they now exist or may hereafter be established or amended and this Agreement shall not be deemed a permit for the purposes of Texas Local Government Code Chapter 245. The Owner consents to the applicability of all regulations and planning authority of the City applicable to areas in the extraterritorial jurisdiction that do not interfere with the use of the area for agriculture, wildlife management or timber, including, but not limited to development g 7 p regulations, zoning regulations, building, mechanical, plumbing, residential, energy and fire g gY codes, building permit requirements, minimum building standard codes, environmental protection and compliance and health codes, prohibitions on septic tanks, the gas drilling and g g production ordinance and other City regulations as they currently exist or may be enacted in the future. Owner agrees that any tiling that is not in conformance with the p City's Comprehensive Plan will not be deemed a permit for the purposes of the 'Texas focal Government Code Chapter ?45. p The Owner consents to the jurisdiction cif the "VTurlicipal Court, Boards and C'omrnissions of the City of Fort Worth for the purpose of enforcing City Codes and regulations and prosecuting criminal violations of City regulations on the Property. -i. :knnexation Upon Event of'I'ermintation. This Elgreernerlt shall termin�ite If ally Of the 1611okNing oc:crir (individuall Y, referred to as I'vcilt of Vermination"): the ()\%ner 1 a tLlils Io continUC to use the l'ro�pertN, soleIN for agriCLdtural. N, i1dlifs• 4 ir�eierit or tilriher land Use.- (h) SUbdiVides or dc�'clops the l'rc�pert�, in any i canner that �ko Uld rCc mire a plat of' the 1 subdiN lsloil to he ti led �N ith ativ governmental entity hay irIg j irristliction c}per the 1'rcerr y , c p �, or � ) 1)�tiil}�r7��r�t,1��rtrri�tnt-Final 2 sells the Property to any person or entity that is not an affiliate of owner, and 2 such failure or action continues for thirty (30) days after the date of delivery by the City to the owner of written notice and demand that Owner cure such failure or discontinue such action; provided, however that if such default or action is curable but requires work to be performed, acts to be done o p � r conditions to be remedied which by their nature cannot be performed, done, or remedied as the case may be, within such thirty (30) day period, no Event of Termination shall be deemed to have occurred if owner commences the same within such thin (30) da eriod and thereafte. . Y day r diligently and continuously prosecutes the same to completion, p rovided that in no event shall such cure period continue for more than sixty (60) days, unless by the express written consent of the City. 1f an Event of Termination occurs, then the City may annex the Property, either i in Y n whole or in part, and such annexation shall be deemed to be with the consent of the owner. S. Term, This Agreement shall terminate 15 years after the effective date of this Agreement or upon annexation of the Property in conformance with this A g reement and/or Section 43.035 of the Texas Local government Code, whichever comes first unless otherwise terminated pursuant to Section 3 above. Upon termination, the City may annex the Pro ert Y, either in whole or in part or for full or limited purposes, and such annexation shall be deemed to be with the consent of the Owner. 6. Agreement a Covenant Running With the Land. This Agreement shall be recorded in the Real Property Records of the applicable county and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Property t p Y or any thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Property and to the City, subject to Section 4 above. 7. Notice of Sale of the Property. Prior to the sale or conveyance of an portion of . Y any Property (except for the sale of the operation Sites referenced in Section 2 hereof, should such sale occur), the owner shall give written notice and a copy g of this Agreement to the prospective purchaser or grantee and shall provide a copy of such disclosure to the City. Y 8. Form and Delivery of Notice. Any notice required or p ermitted tinder this Agreement shall be in writing and shall be delivered in hand, b facsimile, or registered or Y Y � certified US mail. Notice to the owner may be addressed to owner at the address indicated on the most recent applicable county property tax roll for the Property. if more than one entity y is named in this Agreement, service of any notice on any one of the entities shall be deemed service on all entities. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: Ity: Co to: Fernando Copy C testa, Assistant City Manager I..cann I]. Guzman City of Fort worth City Attorney's Office 1O0 Y 0 Throckmorton Street 1000 Throckmorton Street Fort Worth, Texas 76102 Fort Worth, Texas 76102 Telephone: (q 17) 39?-7504 Telephone: 817-392-8973 Facsimile Ntimber: 817--'9'1-6134 Facsimile Number 817-392-8359 f cvcJoPn1cnt Aortxment-f=inal 3 Owner: Copy to: 820 Management Trust Sharon S. Millians 201 Main Street, Suite 3200 belly Hart & Hallman LLP Fort worth, Texas 76102 201 Main Street, Suite 2500 Attention: George Duncan Fort worth, Texas 76102 Telephone: 817-339-7702 Telephone: 817-878-3537 Facsimile Number: 817-339-7706 Facsimile Number: 817-878-9737 9, Enforcement. This Agreement may be enforced by Owner or City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the Agreement thereafter. 10. Provisions Severable. If any provision contained in this Agreement is held unconstitutional, invalid or unenforceable, then the remaining provisions shall be deemed severable and shall remain in full force and effect. 11. Governmental Powers. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 13. Modification of Agreement. This Agreement cannot be modified or amended without the written consent of all the parties hereto and attached and made a part of this Agreement. 14, Governing Law and Venue. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort worth Division and construed in conformity with the provisions of Texas Local Government Code §43.035. IN WITNESS WHEREOF, the parties have signed and executed this Agreement effective as of the date first set forth above. CITY OF FORT WORTH 820 Management Trust 4 : Fernando Costa Ardon 1 Moore, Assistant City Manager Attornev-i n-Fact for 1,ee M. Bass. Trustee Approved as to Form and I_egal i ty A 2,C5 i 95 F L IV :cent race Author i zat ioz .\SS1St4.1I1t ItL lthyrlle� I -_ r)4t OFFICIAL RECORD CITY SECRETARY }t�t�►x}111 11[ 1�rccilttrlt-E iil:tl 4 FT. WORTH, TX w cz ATTEST a'�' �� ST 0o 000 nQ00 o % a o o o? 0 p o a � City Secret ary � o`� d y 0 0 p�ad004Co0 Ay XA State of Texas County of Tarrant § This instrument was acknowledged before me on the -? v da of` z _ mow- Y �v 20 t I, by Fernando Costa, Assistant City Manager of the City f Fort worth a Texas mu • Y municipal corpo ation, on behalf of said corporation. w s,�.�r a KimbWy Niebert ary Public '� lw Notary Pubiit, Sr-OF-oState of Texas ' Comm.Ex p-10-26-13 OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX 5 EMILY MARSHA OWEN State of Texas § NOTARY PUBLIC County of Tarrant § b STATE OF TEXAS r' +! My Comm.&P.09x-15-2015 This instrument was acknowled e � befor m c c on the .day of , 2011, by Ardon E. Moore, Attorney-in-Fact for Lee M. Bass, Trustee of the 820 Management Trust. Notar blic After Recording Return to: City Secretary City of Fort Worth 1000 Throckmorton Street' Fort Worth, Texas 76102 t OFF.,"I AL RECORD CITY SECRETARY k 'FT. WORTH, TX Manage_1273983_5 6 1 EXHIBIT "A" Mary's Creek Tarrant County, Texas Property o ,000 zoo SCALE IN FEET 011 Y jib EXHIBIT Mary's Creek Tarrant County, Texas Small Parcel 0 1000 2000 3000 SCALE IN FEET M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FoRTWORT11�! COUNCIL ACTION: Approved on 9/27/2011 DATE: 9/27/2011 REFERENCE C-25195 LOG NAME: 065030 DEVELOPMENT NO.: AGREEMENT 9-11 CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Development Agreement to Continue the Extraterritorial Jurisdiction Status of Property Owned by 820 Management Trust, Located Generally South and West of Chapin Road and South of Old Weatherford Road (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Development Agreement between the City and 820 Management Trust for the application of development standards and to continue the extraterritorial jurisdiction status for property located generally south and west of Chapin Road and south of Old Weatherford Road in unincorporated Tarrant County. DISCUSSION: The Texas Local Government Code Section 212.172 allows a municipality to offer Development Agreements to property owners that guarantee the continuation of extraterritorial jurisdiction status and immunity from annexation. 820 Management Trust has requested that the City enter into a 15- year Development Agreement for their property adjacent to the location proposed for the new water reclamation facility, as shown on Exhibit A. When the Development Agreement is executed, the property will retain its extraterritorial jurisdiction status until the development Agreement expires, the property loses its agricultural ad valorem tax exemption or the property is subdivided, whichever occurs first. The Development Agreement will provide for the enforcement of development regulations that are applicable in the City's extraterritorial jurisdiction. Additionally, the owner consents to the jurisdiction of the City's Municipal Court, boards and commissions to enforce City codes and regulations, as well as prosecuting criminal violations of City regulations. The property is in the extra-territorial jurisdiction adjacent to COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Offic Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Beth Knight (8190) http://www.fortworthgov.org/council packet/mc review.asp?ID=15917&c... 10/27/2011 M&C Review Page 2 of 2 ATTACHMENTS Mary's Creek WRF M&C Exhibit.pdf http://www.fortworthgov.org/council packet/mc review.asn?ID=15917&c_._ 1(10-7/7011