HomeMy WebLinkAboutContract 42239CITY SECRETARY
a-?„:35
CONTRACT
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
TE S LOCAL GOVERNMENT CODE §§ 43.035 212.172
THIS AGREEMENT is made and effective this Thay of �r) 2011 -� , 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 called "the City")
and M.T. Cole Family Partnership #2, 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, 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
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 status of the Property:
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, 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 described in Exhibit A attached hereto and
incorporated herein by reference, more particularly described as Tract 1 of the L.A. Butler
Survey, Abstract 64; Tract 7 of the Overton Survey, Abstract 972; Tract 3 of the W.N. Sample
Survey, Abstract 1207; Tract 1 of the W.M. Zecular Survey, Abstract 1454; and Tract 1 of the
A. W Robinson Survey, Abstact I.553 whicWi ppraised or ad vaWrem tax purposes as land
for agricultural use.
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
1
09-08-1 1 A09:42 OUT
2. Continuation 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.
3. Application of Municipal Regulations. All valid 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. Notwithstanding the above, the consent hereby
granted by the Owner to the applicability of regulations and planning authority of the City shall
in no event be deemed to be a release, relinquishment or waiver by the Owner of any right it may
have to contest or otherwise take the position that any such regulation or other action of the
planning authority is contrary to the laws of State of Texas.
The 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. Annexation Upon Subdivision or Change of Use. This Agreement is void if the
Owner fails to continue to use the Property solely 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 5 years after the effective date of this
Agreement or upon annexation of the Property in conformance with this agreement and/or
Section 43.035 of the Texas Local Government Code, whichever comes first. 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.
2
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,
including their heirs, successors and assigns, and shall inure to the benefit of the owners of the
Property and to the City. City acknowledges that persons with a mineral interest or persons with
other property interests in the Property have the right to use and develop said interest. The City
understands and acknowledges to Owner that Owner has no authority to bind any Third Parties
and the interest in and to the Property owned by such Third Parties to the terms of this
Agreement. This Agreement may not be revised or amended without the written consent of both
parties.
7. Notice of Sale of the Property. 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 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 with copy to Michelle Jones
as indicated below 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 Throckmorton Street
Fort Worth, Texas 76102
Facsimile Number: 817-392-6134
OWNER: Michelle Jones General Counsel
M.T. Cole Family Partnership #2
400 W. Oak Street, Suite 300
Denton, Texas 76201
Facsimile Numbers 940-565-1078
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.
3
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.
Remainder of page is intentionally left blank
CITY OF FORT WORTH The Owner
By: �•
�%Lts,w«.1. THE M.T. COLE FAMILY PARTNERSHIP NO. 2
Fernando Costa It* L.P. a Texas limited partnership
Assistant City Manager
Approved as to Form and Legality
By: d 44, biyho
1\ tS,
Assistant City Attorney
C-5fl
A'I'TEST
(Ax
City Secretary
,C) 4 ,t`� i- -.,
ph
A Lid C1?°°�t7o
rE
X. IN769?
By: M.T. Cole Family Company No. 2 LLC,
its general p._M of
J do,0144) Cv/� Manager
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
SIIMOMIr
5
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF TARRANT
T is instrument was ACKNOWLEDGED before me on the day of
, 2011, by Fernando Costa, Assistant City Manager of the City of Fort
` orth, a Texas municipal corporation, on behalf of said corporation.
Public State of Texas
Printed Name:
My Commission Expires:
STATE OF
COUNTY OF
T .11 •Ir LI -
j4 op
P.
? • •.n
•,I- .
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10, 2013
•
I
This instru ent was ACKNOWLEDGED before me, on the day of L ,
2011, b t ` Oswald , Manager of M.T. Cole FamilyCom No. 2,
y � Y
LLC, ge t/aral partner of The M.T. Cole Family Partnership No. 2, L.P., on behalf of said limited
partnership.
®®o
mARTHAtiacl
Notary Vic.
State of Texas
®eseComm Exp. ' 1-14-13 1
00a®o a.®
My Commission Expires:
After Recording Return to:
City Secretary
City of Fort Worth
I 000 Throckmorton Street
Fort Worth, Texas 76102
Public State of T
/SA:
Printed Name:
OFFICIAL RECORD
CITY SECRETARY(
FT, WORTH, TX
6
COUN , ACTION: Approved on 8/9/2011
GENERAL INFORMATION:
DATE: Tuesday, August 09, 2011
LOG NAME: 065030 DEVELOPMENT AGREEMENTS 8-11
1 attachment found.
REFERENCE NO.: **C-25092
SUBJECT.
Authorize Execution of Development Agreements in Lieu of Annexation with Multiple Property Owners for Property
Located Generally West of Old FM156 and South of SH114 (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a development agreement between the City
and multiple property owners for the application of development standards in lieu of annexation for property
located generally west of Old FM156 and south of SH114 in unincorporated Denton 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 an area for annexation consideration this year where property
owners have opted for development agreements in lieu of annexation, Area 73. Approximately 1,056 acres of
land in Area 73 qualify for the development agreement in lieu of annexation, as shown on Exhibit A. The owners
of these properties have signed their respective agreements.
The development agreements will provide 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 are in the extra -territorial jurisdiction adjacent to COUNCIL DISTRICT 2.
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 Manaaer's Office bvj
Oriainatina Deoartment Head:
Additional Information Contact:
ATTACHMENTS
1. Exhibit A - Area 73 devel aoreements.Ddf (Public)
Fernando Costa (6122)
Randle Harwood (6101)
Beth Knight (8190)
Alm WINO
Area 7� . Alliance Air1ce 1•1„,� Area Exhibit
p
Approximately 1,056.6 Acres Subject to Development Agreements
Legend
Fort Worth City Limits
Fort Worth ETJ
ETJ Subject to Development Agreement
0 0.25 0.5
1 Miles
t 1 1 1 I 1 I I
Planning & Development Department
7/29/11- BM
COPMANI MI uMILOTMA OAA.wcAIABAEEMi ivt MvpTHE ACCUAACY l$OTTTOAETMMt
ULAM
SEo JMTA PRWUCEOWPII EMI'EEANO MIME, OR SY A EwrTIMED 0I0EE$ ONAIUMO
EUAMEEa1 THE CITY O. MIT HORT» AS WWI NOAEEIOMMAT' FOR Mt AOCUTACTO. WU DATA
11
11
11
11
11
11
11
7 ] 2 ]11 00085 )I8
11
H
11
Recorded On: September 09, 2011
Parties: CITY OF FORT WORTH
To
Comment:
Agreement 35.00
Total Recording:
35.00
Denton County
Cynthia Mitchell
County Clerk
Denton, Tx 76202
Instrument Number: 2011085048
As
Agreement
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: **
RECEIVED
SEP 21 2011
rig.
\49\ \ Grp(
IAK},
444
p" t,ea'
Billable Pages: 7
Number of Pages: 7
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2011-85048
Receipt Number: 827050
Recorded Date/Time: September 09, 2011 01:37:10P
User / Station: S Parr - Cash Station 3
Record and Return To:
CITY SECRETARY
CITY OF FT WORTH
1000 THROCKMORTON ST
FT WORTH TX 76102
THE STATE OF TEXAS
COUNTY OF DENTON }
I hereby certify that this instrument was FILED in the File Number sequence on the date/time
printed heron, and was duly RECORDED in the Official Records of Denton County, Texas.
GM -
County Clerk
Denton County, Texas
OFF E RET,..> .. A � 3
CONTRACT NO,,. __-
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
TEXAS LOCAL GOVERNMENT CODE §§ 43.035 & 212.172
THIS AGREEMENT is made and effective this day of , 2011 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 called 'the City")
and M.T. Cole Family Partnership #2, 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, 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
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 status of the Property:
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, 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 described in Exhibit A attached hereto and
incorporated herein by reference, more particularly described as Tract 1 of the L A Butler
Survey, Abstract 64, Tract 7 of the Overton Survey, Abstract 972; Tract 3 of the W.N. Sample
Survey, Abstract 1207; Tract 1 of the W.M Zecular Survey, Abstract 1454; and Tract 1 of the
A.W. Robinson Survey, Abstract 1553; which is appraised for ad valorem tax purposes as land
for agricultural use.
1
2. Continuation 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
3. Application of Municipal Regulations. All valid 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. Notwithstanding the above, the consent hereby
granted by the Owner to the applicability of regulations and planning authority of the City shall
in no event be deemed to be a release, relinquishment or waiver by the Owner of any right it may
have to contest or otherwise take the position that any such regulation or other action of the
planning authority is contrary to the laws of State of Texas.
The 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. Annexation Upon Subdivision or Change of Use. This Agreement is void if the
Owner fails to continue to use the Property solely 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 5 years after the effective date of this
Agreement or upon annexation of the Property in conformance with this agreement and/or
Section 43.035 of the Texas Local Government Code, whichever comes first 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.
2
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,
including their heirs, successors and assigns, and shall inure to the benefit of the owners of the
Property and to the City. City acknowledges that persons with a mineral interest or persons with
other property interests in the Property have the right to use and develop said interest The City
understands and acknowledges to Owner that Owner has no authority to bind any Third Parties
and the interest in and to the Property owned by such Third Parties to the terms of this
Agreement. This Agreement may not be revised or amended without the written consent of both
parties.
7. Notice of Sale of the Property. 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 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 with copy to Michelle Jones
as indicated below. 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 Throckmorton Street
Fort Worth, Texas 76102
Facsimile Number: 817-392-6134
OWNER: Michelle Jones General Counsel
M.T. Cole Family Partnership #2
400 W. Oak Street, Suite 300
Denton, Texas 76201
Facsimile Numbers 940-565-1078
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.
3
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.
Remainder of page is intentionally left blank
4
CITY OF FORT WORTH
By: teerot44.46.444
Fernando Costa
Assistant City Manager
Approved as to Form and
By:
k LOViiikd
tit
Assistant City Attorney
µti. e (,2-Dci'L
ATTEST
City Secretary
eclutlintliten
i#f ohiPatf,7%
14 00o000° ece
44441.Tgese).
The Owner
THE M.T. COLE FAMILY PARTNERSHIP NO. 2
L.P. a Texas limited partnership
By: M.T. Cole Family Company No. 2 LLC,
its general p er
B
:FLOC Ja9,01914) Co%Manager
5
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF TARRANT
T is instrument was ACKNOWLEDGED before me on the ,tom day of
1
, 2011, by Fernando Costa, Assistant City Manager of the City of Fort
Worth, a Texas municipal corporation, on behalf of said corporation.
Notary Public State of Texas
Printed Name:
My Commission Expires:
7�0---L3
STATE OF
COUNTY OF
This instrunient was ACKNOWLEDGED before me, on the
2011, bVids-oyta.�� �u-�� .Manager of M.T. Cole
LLC, getgral partner of The M.T. Cole Family Partnership No. 2, L.P.
partnership.
EVONIA DANIELS
MY COMMISSION EXPIRES
July10,2013
MARt1•fq y
Notary Public.-
State of Texas
Comm. Exp. 11-14-13
My Commission Expires:
After Recording Return to:
City Secretary
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
•�
• 1 ''I
1E1 ,ate—�— 3•
4 7'
kJ' kis
day of 5s -& ,
Family Com ny No. 2,
, on behalf of said limited
Notary Public State of T xas
Printed Name:
6