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HomeMy WebLinkAboutContract 41050CITY sFcRET-Ai . thgrucir mc.-4;t ) as o 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 N TEXAS LOCAL (GOVERNMENT CODE %% 43.035 & 2i12.172 THIS A GR ! EL IKN'I ' is made and effective this ti#L dayof 20 9 t1 k �9 by and between the City of Fort Worth, Texas, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, Wise and Parker Counties, Texas (hereinafter referred to as "City") and Stephen C. Alexander, hereinafter called "the Owner", whether one or more natural persons or other legal entities, and is as follows: WHEREAS, AS, the Owner's property within Exhibit A, hereinafter called "the Property", is located within the extraterritorial jurisdiction of the City and is subject to municipal annexation; 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, AS, the Texas Local Government Code § 43.035 provides that the City may not 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 notified the Owner of its intent to annex the Property and has offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property upon the terms and conditions hereinafter provided; and WHEREAS, the City desires that any development of the property be in conformance with the City's Comprehensive plan; and WHERE S, the Owner desires to enter into this Agreement to secure the continued extraterritorial status of the Property: NOW J THOUS ORK, in exchange for the mutual covenants, conditions and promises contained herein, City and Owner agree as follows: 1. Identification of the Properly° The Property is described as the property owned by the Owner within the boundaries of the area described in Exhibit A attached hereto and incorporated herein by reference, more particularly described as 20.5 acres within Tracts l AAS, 1 S 1 B, 1 S 1 B 1, and 1 S 1 C of the Alexander Albright Survey, Abstract 1849, which is appraised for ad valorem tax purposes as land for agricultural use. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2. Confirmation of Extraterritorial Status. The Property shall not be annexed and shall remain in the extraterritorial jurisdiction of the City as long as this agreement is effective, the Property is not subdivided, the Property continues to be 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 and the Owner is not in violation of this agreement. This provision does not prohibit annexation with the consent of the Owner. 30 Application of Mm icipnll Regnlatiorms. All regulations and planning authority of the City that do not interfere with the use of the land for agriculture, wildlife management or timber 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 that do not interfere with the use of the area for agriculture, wildlife management or timber, including, but not limited to, development regulations, zoning regulations, building, mechanical, plumbing, residential, energy and fire codes, building permit requirements, minimum building standard codes, environmental protection and compliance and health codes, prohibitions on septic tanks, the gas drilling and production ordinance and other City regulations as they currently exist or may be enacted in the future. Owner agrees that any subdivision plat or related development document for the area filed with a governmental entity having jurisdiction over the property will be in conformance with the City's most recently adopted Comprehensive Plan. Owner agrees that any filing that is not in conformance with the City's Comprehensive Plan will not be deemed a permit for the purposes of the Texas Local Government Code Chapter 245. The Owner consents to the jurisdiction of the Municipal Court, Boards and Commissions 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. 4,. nnexation Upon Subdivision or Change of Use. This agreement is void if the Owner fails to continue to use the Property for agricultural, wildlife management or timber use and/or subdivides or develops the Property in any manner that would require a plat of the subdivision to be filed with any governmental entity having jurisdiction over the Property. If the Property ceases to be appraised for agricultural, wildlife management or timber use or if the Owner subdivides the Property as described in this section, then the City niay annex the Property, either in whole or in part, and such annexation shall be deemed to be with the consent of the Owner. 5 Term. This Agreement shall terminate if: 1) any portion of the Property is subdivided; 2) the Property fails to be 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; 3) Section 43.035 of the Texas Local Government Code is repealed or modified to allow the City to terminate or void the Agreement or annex the Property; 4) the Owner is in violation of this Agreement; or 5) the Owner consents to annexation. Upon termination, the City may annex the Property, 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 or any part thereof, 2 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. 70 Notke of &lie of the Properly. 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 and shall provide a copy of such disclosure to the City. 8. Form nail Delfivery of Not:ilce. 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: Fernando Costa, Assistant City Manager City of Fort Worth 1000 Throckrnorton Street Fort Worth, Texas 76102 Facsimile um. 8 7e-392°6134 OWNER: Name Stephen C. Alexander 1701 Brennan Avenue Fort Worth, Texas 761064315 Title 9. Enfontement. 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. 112. C iptionns. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 3 13. Modification of Agr°eerurerdo 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 Vern fie. 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 W1rT1 N►l�.SS -WHEREOF, the parties have signed and executed this Agreement effective as of the date first set forth above. CITY O11 Fora WORITAl Fernando Costa Assistant City Manager Approved as to Form and Legality Assistant City Attorney ATTEST (17\ City Secretary 4 The Ow ephen C. Alexander contract Author i z ia1 Z i,-.a)J iil-21n ririndejailia841100.11flapalgellitilMMIWia—,0-CMACC-11- D a t e icy 047 PI 4 do 0:4O a ram# fOR2 O0 0 000 vm 0 ,,. milttikR e </ State of Texas § County of Tarrant § This instrument was acknowledged before me on the Fernando Costa, Assistant City Manager of the Ci corporation, on behalf of said corporation. M 4tAAJA.R5tA Notary Public 4 hit day of flOVC,TU3tt, 2010, by of Fort Worth, a Texas municipal OFFICIAL RECOR CITY SECRETARY FT: Wl MTh, T State oft Texas )s Couulm y of T awitant This instrument was acknowledged before me on the c9S day of -Tv M , 2010, by Stephen C. Alexander. otary Public After Recording Return to: City Secretary City of Fort Worth 1000 Throclunorton Street Fort Worth, Texas 76102 5 4 •. O . V.' • oa 01 * ,Y %C .`O�C&c • • • ••yPie VoS SARAH M. ANDERSON Notary Public, State of Texas My Commission Expires January 16, 2012 COUNCIL ACTION: Approved on 's10/5/2010 GENERAL INFORMATION: DATE: Tuesday, October 05, 2010 LOG NAME: 065030 DEVELOPMENT AGREEMENTS 9-10 3 attachments found. REFERENCE NO.: **C-24507 SUBJECT: Authorize the Execution of Development Agreements in Lieu of Annexation with Multiple Property Owners for Property Located Generally East of Boat Club Road and North of Bailey Boswell Road and with Multiple Property Owners for Property Located South of W.J Boaz Road and West of Old Decatur Road (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute a development agreement between the City and multiple property owners for the application of development standards in lieu of annexation for property located generally east of Boat Club Road and north of Bailey Boswell Road in unincorporated Tarrant County; and 2. Execute a development agreement between the City and multiple property owners for the application of development standards in lieu of annexation for property located south of W.J. Boaz Road and west of Old Decatur Road in unincorporated Tarrant County. DISCUSSION. State law requires a municipality to offer development agreements in lieu of annexation to property owners who maintain a current agricultural tax exemption on property considered for annexation. If a development agreement is signed, the property will retain its extraterritorial jurisdiction status until it loses its agricultural exemption or the development agreement expires, whichever comes first. The five-year annexation program identifies two areas for annexation consideration this year where property owners have opted for development agreements in lieu of annexation, Areas 23-1 and 29. Approximately 157.7 acres of land in Area 23-1, located generally east of Boat Club Road and north of Bailey Boswell Road in Tarrant County, qualify for the development agreement in lieu of annexation, as shown on Exhibit A. The heirs of the Boaz and Elkins families, through eighteen persons and one corporation, own the acreage in Fort Worth's extraterritorial jurisdiction near Bailey Boswell Road and Boat Club Road. On September 14, 2010, the signed development agreement for all the heirs was delivered to the City of Fort Worth. Also, approximately 47 acres of land in Area 29, located south of W.J. Boaz Road and west of Old Decatur Road in Tarrant County, qualify for the development agreement in lieu of annexation. Stephen Alexander, Hoyt and Betty Fincher, James and Janna Hamman, and J.D. and Shawnna Slatten own this property in Fort Worth's extraterritorial jurisdiction shown on Exhibit B. On June 25, 2010, the last property owner signed his development agreement. The attached sample development agreement, Exhibit C, provides for the enforcement of development regulations including: zoning and subdivision ordinances in accordance with the Comprehensive Plan; municipal building, mechanical, plumbing, residential, energy and fire codes; building permit requirements minimum building standard codes; environmental protection/compliance and health codes; prohibitions on septic tanks; gas drilling and production ordinance, and other City regulations as they currently exist or may be enacted in the future. Additionally, the owners consent 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 development agreements cause the properties to be generally in compliance with development standards within the City limits. All properties in both enclaves are adjacent to COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. Development Agreement -Sample 10-09.pdf (Public) 2. Exhibit A - Area 23-1 devel agreements.pdf (Public) 3. Exhibit B - Area 29 devel agreements.pdf (Public) Fernando Costa (6122) Susan Alan's (8180) Beth Knight (8190) re p roxi a 1 Boat lub Road Enclave Exhibit tely 157.7 Acres Subject to Development Agreement asu 0 a_ • -, GOLF CLUB ►a PARK 1' +�� ayhri aura. cm.Irv: �•!i ti,ti bra.ra, .. 0211X Sin airy deelk Ott. r0r��' ftr .0ta 4AA R?4'at, Kee adjtr Kett 7was.i.V ;a ■ sueti jil1eS111•s ■-' ateti,•t •r ,r•.'JAIL J•a sose aka,. CAN • • r• Asia aa- lead; . Att. r ;kr �� Ira;rT �Atai, Ks% �a4 r?r� ti ra. � / 4aa ses! ~ 1dL,. �` � aJd1� •� ,J N. comely •. � � 4at'dj/J "S-' , a. NY- Mu. i`a., ca-. as- at . ai•ti air. „dell ed ram. A,.+4 4 4.11C+ J.L. t1 Sam tvy aL +WU ,Ly . ai• e4hi a4 r air Kill at rIAL aLe .fib .41'a moos a, a.mil . am, �r 44 �� 0� nu, at xr cm, x� d� �0+ `state , +sas lot d, + x L t'+1 ,,,.4, car" 'its. x Z + --� at, . 4, r i 4 r?�1 limb ritb. aL rest.t, L atr .r .a. d+-. ass LA. ai_ d+-. eaSLC•CA.. i CA.. d+... ai4 es. 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N•. . a. t'+1Kaa„� • aa. •� +q a,,.1. 4'�. a,� +tL st•� +'1h ftih ra, •1 .� . r :asr etc _ ll r t afr ,P a1r r4"� • k Ls 211- 4n% Pk . r4 ts .�+ts ry/� • • .J 4 ...11/4 ~ *JP 4 lli•�) •a ( .J ti �� J•OL _� ai" rigAM m wti4,e. oil d• t rim raa .e+ .S ( rdam. ani< him iYL ��las + Rel" ,a. +Y1 . +�1 +�h +yL iYLedis +yt 4 iJ arr .c''� aLr r air .i rs a4 .4• air .I at- en : erti aL- agraW) I i..J:'Y. J!yr_ ea% eat. dud . . 32 j .. 4;ti. . 4S . J!11.r• L. J!ti - Jhiental ll ell , . , Nsar .. t'lss ky • tit LL , t1+1 , . ttih " i, i Celia �*}i vitt.• p BAILEYB1�SWELL.. u� -t, sea_ ca:Muk. eau. am tam t a4 ffla r 1 t 1 DECK HOUS Legend Fort Worth City Limits El Fort Worth ETJ ETJ Subject to Development Agreement 0 0.125 I I 0 f SPRING BUCK U 03 W 1— BUSH 0.25 LL LL J 03 ce w O BUCK CLIPPER - FANTAIL PARK TALONS CREST 1 MOUNTAIN BLUFF w -J MIRRf3R RIDGE 8 z BAILEY BOSWELL 0.5 Miles e? ' r/ O z 0 0 CD W ism THORNBUSH THRESHING SOY SEED FORT WORTH— T � Planning & Development Department 9/17/10 - BK COPYRIGHT 2010 CITY OF FORT WORTH UHAUTHOR7ZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS THIS DATA IS TO BE USED FORA G RA PH KCAL REPRESENTATION ONLY. THE ACCURACY IS NOT TO E E TAKEN / USED AS DATA PRODUCED FOR ENG' I E ER NG PURPOSES OR BY A R EG ISTERE D PR OF ES SD NAL LAN D SURVEYOR TI-ECITYOFFORTWORTHASSUUESNORESFONS'E'LITYFORTHEACCURACYOFSAIDDATA- Area 29 -Old Decatur Road Enclave Exhibit Approximately 47 Acres Subject to Development Agreement W J BOAZ Legend Fort Worth City Limits ri Fort Worth ETJ Cn. ,-- 6 pair el 6 a ale Its. Je & ` ale ea J, a -1e dos1L Jnya ale . R did rT d ++�•u •ti,rT • u •4 um... •Lr+i• `a .6%.'4 - u `t` v!yr"' •J !Ly'► al ` tiJ RING CREEK y .mod airy air i1na y IXk aL151. aL Art• aL J4 -'a alb %.! Jac as _ink Jra taacN. ti74 litat a4agcarask Lt .t+k• 1 MEADOW WAy WATERFORD re MARI .A DEL ETJ Subject to Development Agreement Adjacent City 0.5 Miles BROOKGLEN ISHHOOK FORT WORTH Planning & Development Department 9/17/10 - BK COPYRIGHT 2010 CITY OF FORT WORTH UNAUT HORZED REPRODUCTION IS A VIOLATION OF A.FFLCASLE LAWS THIS DATA IS TO EE USED FORA GRAFHCAL REPRESENTATION ONLY. THE ACCURACY 15 NOT TO EETAal / USED AS DATA PRODUCED FOR EUG't E. ER NG PURPOSES OR BY A REGISTE RED FROFES SO UAL LAID SURVEYOR. TFE CITY OF FORT WORTH AS SU ES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA B SUZANNE HENDERSON COUNTY CLERK CITY OF FORT WORTH CITY SECRETARY 1000 THROCKMORTON FT WORTH, TX 76102 4 f r • t.1, • d4 it tom: . L% • 4 e e as si •id •� .... , , 764. •`i : SL s. 1. r 1.0 Submitter: CITY OF FORT WORTH/DEVELOPMENT & PLANNING 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 DO NOT DESTROY WARNING —THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 11/12/2010 2•17 PM Instrument #. D210281605 A D210281605 6 PGS 32 00 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Prepared by: AKCHRISTIAN Ca T Y a If , TAR CORA 0 SO NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKP. 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 A IR 4.14:MENT TEXAS LOCAL GOVERN1 iI i NT COTS It: §§ 430035 & 212J72 I : �+ + ' , iseffective hid' a of 20 ' ��1� A�'1"�_, ,I�'N�1 made and this • day , , by and between the City of Fort Worth, Texas, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, Wise and Parker Counties, Texas (hereinafter referred to as "City") and Stephen C. Alexander, hereinafter called "the Owner", whether one or more natural persons or other legal entities, and is as follows: WHEREAS, the Owner's property within Exhibit A, hereinafter called "the Property", is located within the extraterritorial jurisdiction of the City and is subject to municipal annexation; and WHEREAS, AS9 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 may not 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 notified the Owner of its intent to annex the Property and has offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property upon the terms and conditions hereinafter provided; and WRIER114,AS, 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 status of the Property: NOW T Elo ORE, in exchange for the mutual covenants, conditions and promises contained herein, City and Owner agree as follows: 10 Identification of the Properly. The Property is described as the property owned b) the Owner within the boundaries of the area described in Exhibit A attached hereto and incorporated herein by reference, more particularly described as 20.5 acres within Tracts 1 AA5, 1 S 1 B, 1 S 1 B 1, and 1 S 1 C of the Alexander Albright Survey, Abstract 1849, which is appraised for ad valorem tax purposes as land for agricultural use. 2. Continua fionn of UCx taterritoreial Status. The Property shall not be annexed and shall remain in the extraterritorial jurisdiction of the City as long as this agreement is effective, the Property is not subdivided, the Property continues to be 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 and the Owner is not in violation of this agreement. This provision does not prohibit annexation with the consent of the Owner. 3. Applkel lion of Muuli kdjj l Reguula fons. All regulations and planning authority of the City that do not interfere with the use of the land for agriculture, wildlife management or timber 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 that do not interfere with the use of the area for agriculture, wildlife management or timber, including, but not limited to, development regulations, zoning regulations, building, mechanical, plumbing, residential, energy and fire codes, building permit requirements, minimum building standard codes, environmental protection and compliance and health codes, prohibitions on septic tanks, the gas drilling and production ordinance and other City regulations as they currently exist or may be enacted in the future. Owner agrees that any subdivision plat or related development document for the area filed with a governmental entity having jurisdiction over the property will be in conformance with the City's most recently adopted Comprehensive Plan. Owner agrees that any filing that is not in conformance with the City's Comprehensive Plan will not be deemed a permit for the purposes of the Texas Local Government Code Chapter 245. The Owner consents to the jurisdiction of the Municipal Court, Boards and Commissions 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. 4. & rallllexatioli Upon Subdivision or Change of Use. This agreement is void if the Owner fails to continue to use the Property for agricultural, wildlife management or timber use and/or subdivides or develops the Property in any manner that would require a plat of the subdivision to be filed with any governmental entity having jurisdiction over the Property. If the Property ceases to be appraised for agricultural, wildlife management or timber use or if the Owner subdivides the Property as described in this section, then the City may annex the Property, either in whole or in part, and such annexation shall be deemed to be with the consent of the Owner. 5. Term. This Agreement shall terminate if: 1) any portion of the Property is subdivided; 2) the Property fails to be 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; 3) Section 43.035 of the Texas Local Government Code is repealed or modified to allow the City to terminate or void the Agreement or annex the Property; 4) the Owner is in violation of this Agreement; or 5) the Owner consents to annexation. Upon termination, the City may annex the Property, 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 or any part thereof, 2 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. 70 Notice of Salle of the Pr opeu1yo 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 and shall provide a copy of such disclosure to the City. 8 Form and a1}diver y 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 mall so addressed with postage prepaid: CITY: Fernando Costa, Assistant City Manager City of Fort Worth 1000 Throcknnorton Street Fort Worth, Texas 76102 Facsimile N • mber: 7-a392 6134 OWNER: Name icy Elvc- Stephen C. Alexander 1701 Brennan Avenue Fort Worth, Texas 761061,18315 Title 9, Ii+:Hforcement4 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. Provilsions Sevexralhle0 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 Poveh-s. 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. 3 13. Modification of Agireennento 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. Gove ing Law and Venuum. 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. 11N WITNESS WHEREOF, the parties have signed and executed this Agreement effective as of the date first set forth above. MT OF iiV OR 1 WORTH Fernando Costa Assistant City Manager Approved as to Form and Legality Jae,/ ,e7-7 ATTEST City Secretary State of Texas County of Tarrant This instrument was Fernando Costa, Assistant City Manager corporation, on behalf of said corporation. acknowledged before tY1 1401111,14 Notary Public Stephen C. Alexander C7a4501....„ Contract Authorization 1°15 tIO Ss- gate v OR i� .zk tettu000 000 i.?? 4ri 3tbte X AsSii -41-Exti,rio.netw me on the day of VI�OVCIV'IJ24'4' , 2010, by of the City of Fort Worth, a Texas municipal 4 `< < ���11111i/� .�t �j;R `� LINDtt !NA, #-?1RRUN `EFL 1 fli{� (.;Collin SION E•XPIf February 2, 2014 ; •. r 1 State of �1 �ex6, s COMER ty of ranlant This instrument was acknowledged before me on theas7 day of ZoUC , 2010, by Stephq�i C. Alexander. Notary Public After Recording Return to: City Secretary City of Fort Worth 1000 Throcicmorton Street Fort Worth, Texas 76102 % • fact•ty • ` sper. r • • • ••0P • O • b tPl•• 5 SARAN M. ANDERSON Notary Public, State of Texas My Commission Expires January 16, 2012 ..