HomeMy WebLinkAboutContract 53426 CITY SECRETARY 1;,ONTRACT NO. 53aa��
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE 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
g'` o TEXAS LOCAL GOVERNMENT CODE
CHAPTER 43, SUBCHAPTER C-3 AND § 212.172
THIS AGREEMENT (the "Agreement") is made and entered into by and between the
City of Fort Worth, Texas, a home rule municipal corporation of the State of Texas located
within Tarrant, Denton, Johnson, Wise, and Parker Counties, Texas (hereinafter referred to as
"City") acting by and through its duly authorized City Manager, and ALL STORAGE
AVONDALE, LLC hereinafter called "the Owner", whether one or more natural persons or
other legal entities. By the signatures below, the Owner warrants and represents that there are no
other owners of any portion of the Property and no other third-parties holding an interest therein.
WHEREAS,the Owner owns a parcel of real property, a total of approximately 5.0 acres
of land, as described in Exhibit A, hereinafter called "the Property", is located within Tarrant
County. The Property is located in the extraterritorial jurisdiction"ETJ" of the City; and
WHEREAS,the Owner of the property has requested, and the City has agreed, subject to
the terms, conditions and limitations hereinafter set forth, that the City shall provide water
service to the property; and
WHEREAS, the Owner is commencing construction on the Property in accordance with
a County-approved permit; and
WHEREAS, in consideration of the City providing water service to the Property, the
Owner will petition the City to annex the Property pursuant to Subchapter C-3, Chapter 43 of the
Texas Local Government Code upon such time as stated in this Agreement; and
WHEREAS, the parties acknowledge and agree that this Agreement constitutes a
petition for the voluntary annexation under the provisions of Subchapter C-3, Chapter 43 of the
Texas Local Government Code , and upon the request of the City the Owner shall execute all
applications and documentation required by Texas law to petition for annexation required by
Texas law; and
WHEREAS, this Agreement is entered into pursuant to Chapter 43, Subchapter C-3 and
212.172 of the Texas Local Government Code, in order to address the needs of the Owner and
the procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement runs with the
land and is binding upon the City and the Owner and owner's respective successors and assigns
for the term of this Agreement, as defined below; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Tarrant County.
OFFICIAL RECORD
CITY SECRETARY
ALL STORAGE-Dev.Agnnt.Annex 2019 FT'ObWA0 TX
NOW THEREFORE, for and in consideration of the mutual covenants, conditions and
agreements contained in this Agreement, and other good and valuable consideration, the City and
Owner agree as follows:
1. Identification of the Property. The Property is described as the property owned
by the Owner within the boundaries of the area depicted and more particularly described in
Exhibit A attached hereto and incorporated herein by reference.
2. Annexation. The parties acknowledge and agree that this Agreement constitutes
an agreement to petition for annexation of the Property with the consent of the Owner in
accordance with Subchapter C-3 of Chapter 43 of the Texas Local Government Code. The
parties intend that the Property shall not be annexed and shall remain in the ETJ of the City until
January 1, 2022 upon which time the City may annex the Property. The formal Petition/Consent
for Annexation is attached hereto as Exhibit C and made a part hereof. No further consent of
Owner shall be required for the City to annex said property. Upon the request of the City, the
Owner shall execute all applications and documentation required by Texas law. The City shall
provide thirty (30) days' notice of such request for completion of annexation applications and
documentation.
3. Zoning. The parties agree that concurrent with the petition for annexation, the
Owner shall submit an application to zone the Property. The parties and staff agree that the
application for zoning will be a planned development district based on commercial uses with
mini-warehouses as an allowed use. The parties agree that the property is being developed
pursuant to a site plan, attached as Exhibit D. The City Council will consider the annexation and
zoning of the Property at the same meeting. The Owner acknowledges that while the requested
zoning will be supported by staff, this Agreement does not in any way guarantee that the City
Council will grant the Owner the particular zoning requested. The parties agree, notwithstanding
approval by the City Council of the requested zoning, the buildings and site improvements are
legal nonconforming and are "grandfathered".
4. Water Service. The Owner shall execute all agreements for water as required by
the City in connection with the provision of water service to the Property. The City agrees that
the Owner may immediately commence construction of the water line shown in Exhibit B
("Water Line") upon the execution of the Community Facilities Agreement ("CFA"). The City
agrees that it will inspect the construction of the Water Line and accept the Water Line upon
completion provided the Water Lines meets the standards required by the CFA in a timely
manner. The parties agree that Section 35-58, "Assessment front footage charges for service
connection" of the City Code will be applicable to allow Owner to recoup costs related to a
portion of the construction costs. The City acknowledges that the Property is served by a septic
system, and the Owner will not be required to connect to the City's centralized sewer disposal
system.
5. Subdivision and Development Codes. The parties acknowledge and agree that
platting under Section 212 of the Texas Local Government Code is not required of the Property
and no studies, drainage or otherwise, are required. The parties also acknowledge and agree to
the construction of the buildings prior to the annexation of the Property and that no building
permits shall be required, any inspections, building or otherwise will be done by Tarrant County
ALL STORAGE-Dev.Agrmt.Annex 2019 Page 2 of 10
and the buildings will be sprinklered. After annexation of the Property, the City will inspect the
property and issue a Certificate of Occupancy based on 2012 Building Codes. The parties agree
that the Owner shall apply for a Certificate of Occupancy within 60 days from the date of
annexation of the Property by the City.
6. Fees. The parties agree that no fees are associated with the petition for
annexation, application for zoning and application for a certificate of occupancy.
7. 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 or any part
thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners
of the Property and to the City. This Agreement may not be revised or amended without the
written consent of both parties.
8. Notice. Prior to the sale or conveyance of any portion of the Property, the Owner
shall give written notice and a copy of this Agreement to the prospective purchaser or grantee,
shall provide a copy of such disclosure to the City and shall give written notice of the sale or
conveyance to the City.
9. Form and Delivery of Notice. Any notice required or permitted under this
Agreement shall be in writing and shall be delivered in hand, by facsimile, or by registered or
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 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:
CITY:
Dana Burghdoff, Assistant City Manager
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Facsimile Number: 817-392-6134
Copy to:
Planning and Development Department
Attn: Planning and Development Director
200 Texas Street
Fort Worth, Texas 76102
OWNER_NAME))
Mark McDowell, Manager
All Storage Avondale, LLC
82 Armstrong Drive
Mustang, OK 73064
ALL STORAGE-Dev.Agrmt.Annex 2019 Page 3 of 10
10. Entire Agreement; Conflicts. This Agreement constitutes the entire agreement
between the parties with respect to the development and annexation of the Property and
supersedes all prior agreements, whether oral or written, covering the same subject matter.
11. 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.
12. 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.
13. Governmental Powers. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers.
14. Captions. Captions and headings used in this Agreement are for reference
purposes only and shall not be deemed a part of this Agreement.
15. Amendment of Agreement. This Agreement cannot be modified or amended
without the written consent of all the parties and attached and made a part of this Agreement.
16. 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.
IN WITNESS WHEREOF, the parties have signed xecuted this Agreement
effective as of this JM day of 2020.
CITY OF FORT WORTH ALL STO AVONDALE,LLC
�,( C 4— By:
By: Dana Burghdoff, Assistant City Manager Printed e: Mark McDowell
Title: Manager
Contract Compliance Manager: ATTEST: ....
By signing I acknowledge that I am the person V ��
responsible for the monitoring and administration of this By:
contract,including ensuring all performance and Mary K Cit ecretary .....
reporting requirements. AJ
rt� la°Is. aol9.5b35gb `�
Name of Emplo ee:
Title: Ssix%� ZA _ g
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
ALL STORAGE-Dev.Agrmt.Annex 2019 Page 4 of 10
Approved as to Form and Legality:
By:�—IfflJw "Z'Mk 7
Melinda Ramos,
Sr. Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
ALL STORAGE-Dev.Agrmt.Annex 2019 Page 5 of 10
State of Texas §
County of Tarrant §
( ��s &rAWtrument was acknowledged before me on the c�-3 day of , 2020,
by , Assistant City Manager of the City of Fort Worth, TexasFunicipal
corporation, on behalf of said corporation.
;SAY•"`'"�i.: MARIAS.SANCHEZ By: 4V'�-
^� . `y` My Notary ID#2256490 N tary Public, State of Texas
Expires December 19,2021
State of Oklahoma §
County of Canadian §
This instrument was acknowledged before me on the &5 day of L-)tf be/ , 2019,
by Mark McDowell on behalf of All Storage Avondale, LLC.
"ap1lOu44i.
KEPL�NCk By.
' ,sooz�o, _ Notary Public, S to of ahoma
(P EXP.03123/23 Q
After Recording Return to: 0,,11111n,�����°
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
LF;2.
RECORD
RETARY
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EXHIBIT C
PETITION REOUESTING ANNEXATION BY AREA LANDOWNERS
TO THE MAYOR OF THE GOVERNING BODY OF FORT WORTH, TEXAS:
The undersigned owner(s) of the hereinafter described tract(s) of land petition your
honorable Body to extend, when the land becomes contiguous to the City, the present city limits
so as to include as part of the City of Fort Worth, Texas, the territory described in the attached
Exhibit A, including a survey by metes and bounds or legal description with subdivision, lot and
block with a graphic exhibit clearly showing the tract(s).
We certify that in accordance with Subchapter C-3 of tgeby
3 of the Texas Local
Government Code this petition is signed and duly acknow each and every person
having an interest in said land.
Signed:
Signed:
Signed:
THE STATE OF OKLAHOMA
COUNTY OF CANADIAN
BEFORE ME, the undersigned authority, on this day personally appeared Mark McDowell,
, and , known to me to be
the persons whose names are subscribed to the foregoing instrument and each acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office,this day of OCCe&v-1-Q-r , 20It.
`O0�E1
11.EPtitiC,
Notary Public in and for
a s*15002701
' XP.03n3123 Q= Canadian County, Oklahoma.
'n9' 'OUB1;.�'•QZ�.
ALL STORAGE-Dev.Agrmt.Annex 2019 Page 9 of 10
EXHIBIT D
SITE PLAN
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ALL STORAGE-Dev.Agrmt.Annex 2019 Page 10 of 10
4848-7298-9871v.2 61573-2 12/23/2019