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HomeMy WebLinkAboutContract 56944 CSC No. 56944 DEVELOPMENT AGREEMENT BETWEEN HAKUNA MATATA INVESTMENTS,LLC AND THE CITY OF FORT WORTH, TEXAS Dated: 23 2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 56944 DEVELOPMENT AGREEMENT This Development Agreement(this "Agreement") is executed by and between HAKUNA MATATA INVESTMENTS,LLC,a Texas limited liability company(the"Developer'),and the CITY OF FORT WORTH,TEXAS (the"Off')to be effective on the Effective Date(as defined below). RECITALS WHEREAS, certain terms used in these recitals are defined in Article I; and WHEREAS, Developer and the City are sometimes individually referred to as a "Party" and collectively as the "Parties"; and WHEREAS, Developer is a Texas limited liability company; and WHEREAS, the City is a home-rule municipal corporation of the state of Texas; and WHEREAS, Developer is the owner of approximately 60 acres of undeveloped real property located within the extra-territorial jurisdictional limits of the City, which property is more particularly described by metes and bounds and depicted on Exhibit A attached hereto (the "Property"); and WHEREAS, the Developer owns the Property; and WHEREAS, the Parties intend for this Agreement to take effect on the Effective Date; and WHEREAS, the Developer intends to petition to annex the Property into the corporate limits of the City subject to the terms and provisions of this Agreement; and WHEREAS, the Developer plans to develop the Property as a manufactured home rental community; and WHEREAS, sanitary sewer infrastructure operated and maintained by the City is currently available to serve the Parties' intended development of the Property; and WHEREAS,water, stormwater/drainage,and other public infrastructure is not currently available to serve the Parties' intended development of the Property; and WHEREAS, the Developer desires and intends to design, construct and install and/or make financial contributions to certain on-site private improvements (the "Private Improvements") to serve the development of the Property, which Private Improvements are generally identified in Exhibit S; and WHEREAS, the City recognizes the positive impact that the Private Improvements and the Development will bring to the City, and that the Private Improvements will promote state and local economic development; stimulate business and commercial activity in the municipality, promote the development and diversification of the economy of the state; promote development and OFFICIAL RECORD S-1 CITY SECRETARY FT. WORTH, TX expansion of commerce in the state; and promote the elimination of unemployment or underemployment in the state; and WHEREAS,the Parties intend that the Property be developed for manufactured home community uses that will benefit and serve the present and future residents and businesses of the City, including the creation of substantial future tax base for the City; and WHEREAS, this Agreement shall constitute a "permit" under Chapter 245 of the Texas Local Government Code and as allowed pursuant to Section 212.172(g) of the Texas Local Government Code; NOW THEREFORE, for and in consideration of the mutual covenants of the Parties set forth in this Agreement, and for other good and valuable consideration the receipt and adequacy of which are acknowledged and agreed by the Parties, the Parties agree as follows: ARTICLE I DEFINITIONS Unless the context requires otherwise, the following terms shall have the meanings hereinafter set forth: Affiliate means any other person or entity directly or indirectly controlling, directly or indirectly controlled by or under direct or indirect common control with developer. As used in this definition, the term "control", "controlling" or "controlled by" shall mean the possession, directly or indirectly, of the power either to (a) vote fifty percent(50%) or more of the securities or interests having ordinary voting power for the election of directors (or other comparable controlling body) of developer or(b) direct or cause the direction of management or policies of Developer, whether through the ownership of voting securities or interests,by contract or otherwise, excluding in each case, any lender of developer or any affiliate of such lender. Agreement means this Development Agreement. The City means the City of Fort Worth, Texas, a home-rule municipal corporation. City Code means the Code of Ordinances, City of Fort Worth, Texas. City Council means the City Council of the City. City Manager means the current or acting City Manager of the City, or a person designated to act on behalf of that individual if the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, uniform and international building and construction codes, and regulations duly adopted by the City, which shall be applied to the Development. S-1 Developer means HAKUNA MATATA INVESTMENTS, LLC, a Texas limited liability company and its successor and assigns, responsible for developing the Property or causing the Property to be developed in accordance with this Agreement. Development means the new development on the Property that is the subject of this Agreement. Effective Date means the date signed by the City Secretary. End User means Developer and any subsequent developer, tenant, occupant or user of a Fully Developed and Improved Parcel. Force Majeure means any act that(i)materially and adversely affects the affected Party's ability to perform the relevant obligations under this Agreement or delays such affected Party's ability to do so, (ii) is beyond the reasonable control of the affected Party, (iii) is not due to the affected Party's fault or negligence and (iv) could not be avoided, by the Party who suffers it, by the exercise of commercially reasonable efforts. "Force Majeure" shall include: (a) natural phenomena,such as storms,floods,lightning and earthquakes; (b)wars,civil disturbances,revolts, insurrections, terrorism, sabotage and threats of sabotage or terrorism; (c)transportation disasters, whether by ocean, rail, land or air; (d) strikes or other labor disputes that are not due to the breach of any labor agreement by the affected Party; (e) fires; (f) epidemics or pandemics; (g) governmental shutdowns, and(h) actions or omissions of a governmental authority(including the actions of the City in its capacity as a governmental authority) that were not voluntarily induced or promoted by the affected Party, or brought about by the breach of its obligations under this Agreement or any applicable law or failure to comply with City Regulations; provided, however, that under no circumstances shall Force Majeure include any of the following events: (a) changes in market condition; (b) any strike or labor dispute involving the employees of the Developer or any affiliate of the Developer, other than industry or nationwide strikes or labor disputes; or (c) the occurrence of any manpower,material or equipment shortages. The events listed in(a)through (c)that are beyond the reasonable control of the Developer shall be included as Force Majeure. If the Developer claims an economic hardship,the City will make a reasonable determination if such economic hardship is a Force Majeure event. Fully Developed and Improved Parcel means any parcel of land in the Property intended to be served by the Private Improvements and for which a final plat has been approved by the City and recorded in the Official Public Records of Tarrant County, Texas. Impact Fees mean all roadway, water, and sanitary sewer impact fees relating to the Private Improvements in each case assessed, imposed and/or collected by the City in accordance with City Regulations adopted by the City or hereinafter adopted. Notice means any notice required or contemplated by this Agreement (or otherwise given in connection with this Agreement). Parcel means any parcel of land located within the Property which Developer segregates by metes and bounds description for use by an End User. S-1 Private Improvements means those on-site private improvement facilities, constructed and installed by the Developer, as described in Exhibit B. Property means the real property described by metes and bounds and depicted on Exhibit A. ARTICLE U DEVELOPER MANUFACTURED HOME COMMUNITY PROJECT 2.1 Manufactured Home Community Project. The Property shall be developed as a manufactured home community ("MHC") for manufactured home community uses (the "Project"). 2.2 Permitting,Annexation, Platting and Zoning Overview. (a) The Developer will undertake or cause the undertaking of the design, permitting,development, construction,maintenance,management,use and operation of the Project, including the Private Improvements. (b) All permitting for the MHC Project shall be the jurisdiction and responsibility of Tarrant County,Texas(the"County")unless otherwise stated herein.The County shall be the permitting authority for, without limitation, all building permit, sign permit, grading permit, electrical permit, mechanical permit, urban forestry permit and certificate of occupancy for the MHC Project, if any. All water and sewer plumbing permits for the MHC Project shall be the jurisdiction and the responsibility of the City per Section 35-60(f)of the Fort Worth City Code of Ordinances. (c) Developer agrees to apply to the City for and pay all required fees for the annexation, platting and zoning of the Property within the later of (1) two (2) years after construction is completed for all phases of the Project,which construction shall not to exceed three (3)years from date of commencement of construction,or(ii)two(2)years after the domestic water meter is set for the Project if constructed in a single phase. (d) Developer shall apply for Manufactured Housing (MH) base zoning with Planned Development(PD)overlay zoning if necessary to make the Project a conforming use after annexation. The City Council of the City shall consider a zoning change application for the Property consistent with the above referenced zoning. (e) The annexation of the Property is conditioned upon the approval of MH base zoning district with PD overlay zoning district,as necessary,to snake the Project a conforming use after annexation, and the adoption of an ordinance amending the official zoning map and the comprehensive plan of the City for said zoning of the Property. Should the aforementioned zoning and ordinance not be approved and adopted,this Agreement shall be void and City shall disannex the Property without the requirement of further action by the Developer. Upon such disannexation of the Property, Developer waives and releases the City from the requirements of§43.148 of the Texas Local Government Code. S-1 (f) Subject to the terms and provisions of Section 2.2 (c)of this Agreement,the Developer shall apply to the City for platting of the Property. Any required right-of-way dedication for Oak Grove Road E. at time of platting of the Property shall not exceed thirty feet (30') in width. (g) If the land adjacent to the Property and south of the powerline,which is not currently included in the development of the MHC Project,is subsequently included at a later date, then platting of the land is required by the City prior to any County permitting. If a strip of land is purchased from TXU Energy in fee simple to establish a contiguous connection between the areas north and south of the TXU property, then platting can be deferred with the rest of the property. ARTICLE III WATER AND SEWER IMPROVEMENTS 3.1 Certificate of Convenience and Necessity for Water. (a) The Property is currently located within the water service area of Bethesda Water Supply Corporation("Bethesda"). The Developer will pursue a release of Bethesda's water certificate of convenience and necessity ("CCN") through the Public Utility Commission's ("PUC") decertification and compensation process. The Developer will be fully responsible for all costs related to Bethesda's water CCN decertification through the PUC. The City shall support the Developer's CCN decertification efforts. (b) The Developer agrees to execute the documents necessary for the City to become the retail provider of water and sewer service to the Property while in the ETJ of the City once Developer secures the PUC's approval that the Property has been released from Bethesda's water service area through PUC's CCN decertification process. 3.2 Water and Sewer Service to the Property. (a) The City shall provide initial water and sewer services per the demands and loadings shown in Exhibit C attached hereto. Final water and sewer demands and loadings will be coordinated and submitted to the City at time of final design of the Project and shall not exceed the demands and loadings shown on Exhibit C. Comprehensive water and/or sewer studies shall not be required for water and sewer services provided by the City. (b) The City shall allow up to two (2) six-inch(6") sanitary sewer connections to existing public sanitary sewer manholes within the public utility easement on the Property. Additionally, the City shall allow up to two (2) four-inch (4") domestic water taps to the existing public water main situated within Oak Grove Road E and two (2) fireline connections. Finally, the City shall allow up to two (2) two-inch (2") irrigation taps to the existing public water main within Oak Grove Road E. The final sizes of all water and sanitary sewer connections referenced above shall be determined at time of Developer's request therefor and shall not exceed those referenced in this subsection. Developer shall be responsible for the facilities necessary to use the connections and taps referenced in this subsection. S-1 (c) The Developer shall be responsible for the design, installation, and construction of all water and sewer Public Improvements (any applicable public water/sewer mains, domestic and irrigation meter/meter vault, fire line taps, water and sewer taps) necessary to service the End Users of the Property, except as otherwise stated herein. If the land adjacent to the Property and south of the powerline, which is not currently included in the development of the MHC Project, is subsequently included and required as a separate lot,then public water and sewer improvements to the separate lot south of the powerline is required. The public water and sewer improvements to the separate lot south of the powerline is required. The public water and sewer improvements to the southern separate lot would need to go through the City's plan review, CFA process and the City's construction process with a pre-qualified contractor approved by the City. Any water and sewer Public Improvements that are the responsibility of the Developer may be designed and constructed/installed by the City as part of the City Miscellaneous Projects process if the proposed water and sewer Public Improvements meet the City's Miscellaneous Project Criteria and Regulations. If not, the proposed water and sewer Private Improvements shall go through the City's IPRC review, CFA process, and inspection process with the City's approved pre-qualified contractor as applicable and as required by City Code. These Public Improvements will be operated and maintained by the City. (d) The Developer shall be responsible for standard City meter fees, meter deposits and other applicable related service fees based on the City's schedule of fees at the time of tap approval. (e) Developer shall be responsible for all standard City water and wastewater impact fees applicable to the Project. The impact fees shall be assessed based on the City's schedule of impact fees at the time of meter account activation and paid at the time of meter account activation. (f) The City shall be the permitting authority for backflow requirements at the point of connection to the City's public water facilities for the Developer's domestic, irrigation and firelines connections. The Developer shall apply through the City backflow permits process for domestic, irrigation and firelines service to obtain backflow permit approvals and associated inspection. The Developer is responsible for the permitting costs for the necessary backflow permits. (g) Developer shall be responsible for adjusting any City-maintained surface infrastructure disturbed by the Developer as part of the City Miscellaneous Projects or IPRC process,whichever may be applicable. (h) All water and sewer Private Improvements shall be designed per the City standards. All water and sewer Private Improvements shall be permitted through the City per Section 35-60 (f) of the Fort Worth City Code of Ordinances. Developer is responsible for maintaining the water and sewer Private Improvements (plumbing). (1) The rate for water and sewer service to be provided by the City shall be the outside city limit rate prior to annexation,based on the City schedule of rates at the time of service. S-1 After annexation, the rate for water and sewer service shall be the inside city limit rate, based in the City schedule of rates at the time of service. 0) Developer will enter into encroachment agreements with the City when any Private Improvements cross any public utility or public water and sewer easements granted to the City. (k) The City shall be the permitting authority for pre-treatment requirements at the point of connection to City-maintained sewer facilities. Developer shall permit pre-treatment through City's Acela permitting system and shall be responsible for the permit related fees. ARTICLE IV ROADWAY IMPROVEMENTS 4.1 Oak Grove Road E. Improvements. The County shall be the permitting authority for any roadway improvements required for Oak Grove Road E. 4.2 Project Roadway Improvements. All roadway and street Private Improvements within the Property shall be private and shall not be dedicated for public use. The Developer will undertake or cause the undertaking of the design, permitting, development, construction, maintenance, management, use and operation of the roadway and street Private Improvements. The County shall be the permitting authority for all roadway and street Private Improvements. ARTICLE V FLOODPLAIN 5.1 Floodplain Administrator. As the Floodplain Administrator,the County will be the permitting authority for the Floodplain Development Permit for the Property until such time as the site has been annexed into the City. The City will provide the review of the drainage and floodplain studies submitted by the Developer and coordinate with the County on their approval. Any development activity within the floodplain or floodway will be subject to Federal, State and Local guidelines. 5.2 Floodplain Fees. The Developer shall be responsible for all applicable fees associated with required studies and/or permits. ARTICLE VI FIRE 6.1 Fire Private Improvements. The County will serve as the Fire Marshal. The County shall serve as the permitting authority for all fire code requirements. Fire Private Improvements for the Project shall be designed per County standards and permitted by the County. 6.2 Fire Code Permitting. The County shall serve as the permitting authority for all fire code water facilities and requirements. The County shall serve as the permitting authority for all fire apparatus roads. ARTICLE VII S-1 TERM The term of this Agreement shall be for a period of thirty(30) years after the Effective Date (the "Initial Term") and shall automatically be extended one time thereafter for a fifteen (15) year period(the"Renewal Term"),unless either Party makes a written objection to the extension at any time prior to the expiration of the Initial Term. If allowed by law,the Parties may extend the term of this Agreement beyond the Renewal Term of the automatic extension if they execute an agreement in writing. ARTICLE VIII EVENTS OF DEFAULT; REMEDIES 8.1 Events of Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given in writing (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time to be determined based on the nature of the alleged failure,but in no event more than thirty(30) days (or any longer time period to the extent expressly stated in this Agreement as relates to a specific failure to perform) after written notice of the alleged failure has been given except as relates to a type of default for which a different time period is expressly set forth in this Agreement), or if the Parties mutually agree on a longer cure period("Extended Cure Period"). Notwithstanding the foregoing,no Party shall be in default under this Agreement if, within the applicable cure period, but not exceeding the Extended Cure Period established by the Parties, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance, and cures such failure prior to the expiration of the Extended Cure Period. If such failure is not cured prior to the expiration of the Extended Cure Period, the non-defaulting Party shall have the right to terminate this Agreement and pursue such remedies available under law. Notwithstanding the foregoing, however, a Party shall be in default of its obligation to make any payment required under this Agreement if such payment is not made within thirty(30)business days after it is due. 8.2 Remedies. IF A PARTY IS IN DEFAULT, THE AGGRIEVED PARTY MAY, AT ITS OPTION AND WITHOUT PREJUDICE TO ANY OTHER RIGHT OR REMEDY UNDER THIS AGREEMENT, SEEK ANY RELIEF AVAILABLE AT LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO, AN ACTION UNDER THE UNIFORM DECLARATORY JUDGMENT ACT, SPECIFIC PERFORMANCE, MANDAMUS, INJUNCTIVE RELIEF AND TERMINATION OF THOSE PROVISIONS OF THIS AGREEMENT APPLICABLE TO PROPERTY OWNED BY THE DEFAULTING PARTY. NOTWITHSTANDING THE FOREGOING, HOWEVER, NO DEFAULT UNDER THIS AGREEMENT SHALL ENTITLE THE AGGRIEVED PARTY TO THE TERMINATION OF THIS AGREEMENT. 8.3 Informal Dispute Resolution. If a Party is declared in default of this Agreement, prior to bringing any civil action in a court having jurisdiction to enforce any remedy under this Agreement, the Parties shall first attempt to resolve any claim, dispute, default or other matter in question for breach of duty or obligations that arises under this Agreement through non-binding mediation in Liberty County, Texas, in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. The S-1 mediator shall be agreed to by the Parties.Each Party shall be liable for its own expenses,including attorney's fees; however, the Parties shall share equally in the costs of the mediation. If the Parties cannot resolve the dispute through mediation, then either Party shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the Parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the Parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. Either Party may, before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests. ARTICLE IX ASSIGNMENT AND ENCUMBRANCE 9.1 Assigninent. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. The Developer, and any Assignee of Developer, have the right (from time to time) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of the Developer under this Agreement to any person or entity who executes an assignment agreement with Developer; agrees to be bound by the terms and conditions of this Agreement; and assumes all obligations and duties of Developer under this Agreement (an"Assignee") (a) without City consent, but with Notice to the City, if the Assignee is a lienholder or an Affiliate or related entity of Developer; or (b) with the City's prior written consent(which consent shall not be unreasonably withheld if the Assignee demonstrates financial ability to perform to the City Manager's reasonable satisfaction), if to any other person or entity. An Assignee shall be considered a "Party" for the purposes of this Agreement. From and after such assignment, the City agrees to look solely to the Assignee for the performance of all obligations assigned to the Assignee and agrees that Developer shall be released from subsequently performing the assigned obligations and from any liability that results from the Assignee's failure to perform the assigned obligations. No assignment by Developer shall release Developer from any liability that resulted from an act or omission by Developer that occurred prior to the effective date of the assignment unless the City approves the release in writing. Developer shall maintain written records of all assignments made by Developer to Assignee and provide a copy of all such executed assignments to the City within ten (10) business days of the effective date of such assignment. Further, Developer shall provide a copy of each executed assignment and the Assignee's notice information as required by this Agreement, and, upon written request from the City, any Party or Assignee, shall provide a copy of such records to the requesting person or entity within ten(10)business days of such request. 9.2 Assignment by the City. The City shall not assign this Agreement, in whole or in part,and including any obligation,right,title, or interest of the City under this Agreement,without the prior written approval of Developer, which consent shall not be unreasonably withheld, conditioned or delayed. 9.3 Encumbrance by Developer and Assignees. Developer and Assignees have the right, from time to time, to collaterally assign, pledge, grant a lien or security interest in, or otherwise encumber any of their respective rights, title, or interest under this Agreement for the benefit of(a)their respective lenders without the consent of,but with prompt written notice to,the S-1 City, and(b)to any person or entity with the City's prior written consent(which consent shall not be unreasonably withheld, conditioned, or delayed). The collateral assignment, pledge, grant of lien or security interest, or other encumbrance shall not, however, obligate any lender to perform any obligations or incur any liability under this Agreement unless the lender agrees in writing to perform such obligations or incur such liability. Provided the City has been given a copy of the documents creating the lender's interest, including Notice information for the lender, then that lender shall have the right, but not the obligation, to cure any default under this Agreement and shall be given a reasonable time,but no more than 180 days,to do so in addition to the cure periods otherwise provided to the defaulting Party by this Agreement; and the City agrees to accept a cure, not to be unreasonably withheld, offered by the lender as if offered by the defaulting Party. A lender is not a parry to this Agreement unless this Agreement is amended, with the consent of the lender,to add the lender as a Party. Notwithstanding the foregoing,however,this Agreement shall continue to bind the Property and shall survive any transfer,conveyance,or assignment occasioned by the exercise of foreclosure or other rights by a lender, whether judicial or non judicial. Any purchaser from or successor to Developer through a lender of any portion of the Property shall be bound by this Agreement and shall not be entitled to the rights and benefits of this Agreement with respect to the acquired portion of the Property until all defaults under this Agreement with respect to the acquired portion of the Property have been cured. 9.4 Encumbrance by City. The City shall not collaterally assign, pledge, grant a lien or security interest in, or otherwise encumber any of its rights, title, or interest under this Agreement without Developer's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. 9.5 No Third-Party Beneficiaries. Subject to Section 9.1 of this Agreement, this Agreement only inures to the benefit of,and may only be enforced by,the Parties. No other person or entity shall have any right, title, or interest under this Agreement or otherwise be deemed to be a third-party beneficiary of this Agreement. 9.6 Notice of Assigmnent. Subject to Section 9.1 of this Agreement, the following requirements shall apply in the event that the Developer sells, assigns, transfers, or otherwise conveys the Property or any part thereof and/or any of its rights or benefits under this Agreement: (a) the Developer must provide written notice to the City to the extent required under Section 9.1 at least five (5)business days in advance of any such sale, assignment, transfer, or other conveyance; (b) said notice must describe the extent to which any rights or benefits under this Agreement will be sold, assigned, transferred, or otherwise conveyed; (c) said notice must state the name, mailing address, telephone contact information, and,if known,email address,of the person(s)that will acquire any rights or benefits as a result of any such sale, assignment,transfer or other conveyance; and (d) said notice must be signed by a duly authorized person representing the Developer. ARTICLE X S-1 RECORDATION AND ESTOPPEL CERTIFICATES 10.1 Binding Obligations. This Agreement and all amendments hereto and assignments hereof shall be recorded in the official public records of Tarrant County. This Agreement binds and constitutes a covenant running with the Property. Upon the Effective Date, this Agreement shall be binding upon the Parties and their successors and assigns permitted by this Agreement and forms a part of any other requirements for development within the Property. This Agreement,when recorded, shall be binding upon the Parties and their successors and assigns as permitted by this Agreement and upon the Property; however, this Agreement shall not be binding upon, and shall not constitute any encumbrance to title as to, any End User of a Fully Developed and Improved Parcel except for land use and development regulations that apply to such parcels. 10.2 Estoppel Certificates. From time to time upon written request of the Developer or any future developer, and upon the payment of a $100.00 fee to the City, the City Manager, or his/her designee will, in his official capacity and to his reasonable knowledge and belief, execute a written estoppel certificate identifying any obligations of the Developer or any future developer under this Agreement that are in default. ARTICLE XI ADDITIONAL PROVISIONS 11.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; (c) are legislative findings of the City Council of the City; and (d) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals,shall be taken into consideration and,to the maximum extent possible,given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 11.2 Notices. Any notice, submittal, payment or instrument required or permitted by this Agreement to be given or delivered to any parry shall be deemed to have been received when personally delivered, or on the date of delivery by a nationally recognized overnight delivery service (such as Federal Express, UPS Next Day Air)with all delivery charges paid by the sender S-1 and addressed to the City or Developer, as applicable, or 72 hours following deposit of the same in any United States Post Office,registered or certified mail,postage prepaid,addressed as follows: To the City: Dana Burghdoff,Assistant City Manager City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 With a copy to: City Attorney's Office 200 Texas Street Fort Worth, Texas 76102 To the Developer: Justin McWilliams and/or Chad Dannheim HAKUNA MATATA INVESTMENTS, LLC 7801 Brandi Place, Suite N P.O. Box 822044 North Richland Hills, Texas 76182 Telephone: (817) 909-2671 With a copy to: Ray Oujesky Kelly Hart &Hallman LLP 201 Main Street, Suite 2500 Fort Worth, Texas 76102 Telephone: (817) 878-3556 Any party may change its address or addresses for delivery of Notice by delivering written Notice of such change of address to the other parry. 11.3 Interpretation. The Parties acknowledge that each has been actively involved in negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement,the provision will be interpreted fairly and reasonably and neither more strongly for nor against any Party,regardless of which Party originally drafted the provision. 11.4 Time. In this Agreement, time is of the essence and compliance with the times for performance herein is required. 11.5 Entire Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the City and Developer expressly amending the terms of this Agreement. 11.6 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision S-1 shall be deleted from this Agreement; (b)the unenforceable provision shall, to the extent possible and upon mutual agreement of the parties, be rewritten to be enforceable and to give effect to the intent of the Parties; and(c) the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. 11.7 Applicable Law; Venue. This Agreement is entered into pursuant to and is to be construed and enforced in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in Liberty County, Texas. Exclusive venue for any action to enforce or construe this Agreement shall be in the state or US District courts in Liberty County, Texas. 11.8 Non-Waiver. Any failure by a Party to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 11.9 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 11.10 Authority and Enforceability. The City represents and warrants that this Agreement has been approved by official action by the City Council of the City in accordance with all applicable public notice requirements (including, but not limited to,notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been duly authorized to do so. The Developer represents and warrants that this Agreement has been approved by appropriate action of the Developer, and that the individual executing this Agreement on behalf of the Developer has been duly authorized to do so. Each Party respectively acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against such Party, in accordance with its terms and conditions and to the extent provided by law. 11.11 Further Documents. The Parties agree that at any time after execution of this Agreement, they will, upon mutual consent of the Parties, execute and deliver such further documents and do such further acts and things as may be reasonably necessary to effectuate the terms of this Agreement. This provision shall not be construed as limiting or otherwise hindering the legislative discretion of the City Council seated at the time that this Agreement is executed or any future City Council. 11.12 Exhibits. The following Exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A Metes and Bounds Description of the Property Exhibit B Private Improvements list Exhibit C Water and Sewer Demands and Loadings S-1 11.13 Governmental Powers; Waivers of Immunity. By its execution of this Agreement, the City does not waive or surrender any of its respective governmental powers, immunities, or rights except as provided in this section. The Parties acknowledge that the City waives its sovereign immunity as to suit solely for the purpose of enforcement and collection under this Agreement. This is an agreement for the provision of goods or services to the City under Section 271.151 et seq. of the Texas Local Government Code. 11.14 Force Majeure. Each Party shall use good faith, due diligence and reasonable care in the performance of its respective obligations under this Agreement, and time shall be of the essence in such performance; however, in the event a Party is unable, due to Force Majeure, to perform its obligations under this Agreement, then the obligations affected by the Force Majeure shall be temporarily suspended. Within fifteen(15)business days after the occurrence of a Force Majeure, the Party claiming the right to temporarily suspend its performance, shall give Notice to all the Parties,including a detailed explanation of the Force Majeure and a description of the action that will be taken to remedy the Force Majeure and resume full performance at the earliest possible time. 11.15 Amendments. This Agreement cannot be modified, amended, or otherwise varied, except in writing signed by the City and Developer expressly amending the terms of this Agreement. 11.16 Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. 11.17 Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the Parties hereto or by any third party to create the relationship of principal and agent, or of partnership,joint venture or any association whatsoever between any one or more of the Parties,it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the Parties hereto shall be deemed to create any relationship between the Parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. 11.18 Captions. The descriptive captions of this Agreement are for convenience of reference only and shall in no way define, describe, limit, expand or affect the scope, terms, conditions, or intent of this Agreement. 11.19 Number and Gender. Whenever used herein,unless the context otherwise provides, the singular number shall include the plural,the plural the singular, and the use of any gender shall include all other genders. 11.20 Gift to Public Servant. The Developer shall not, and shall use commercially reasonable efforts to cause its contractors and agents to not, offer, or agree to confer any benefit upon a City employee or official that the City employee or official is prohibited by law from accepting.For purposes of this section, "benefit"means anything reasonably regarded as pecuniary gain or pecuniary advantage,including benefit to any other person in whose welfare the beneficiary has a direct or substantial interest, but does not include a contribution or expenditure made and reported in accordance with law. Notwithstanding any other legal remedies, the City may require S-1 the Developer to remove any employee or contractor of the Developer from performance responsibilities under this Agreement who has violated the restrictions of this section or any similar state or federal law. 11.21 Undocumented Workers. The Developer hereby certifies, to the best of Developer's knowledge, that Developer does not or will not knowingly employ an undocumented worker as such term in defined by Section 2264.001(4) of the Texas Government Code and has agreed to abide by the requirements of Chapter 2264 of the Texas Government Code. 11.22 Anti-Boycott Verification. The Developer hereby verifies that it and its parent company,wholly-or majority-owned subsidiaries,and other Affiliates,if any,do not boycott Israel and, to the extent this Agreement is a contract for goods or services,will not boycott Israel during the term of this Agreement. The foregoing verification is made solely to comply with Section 2270.002, Texas Government Code, and to the extent such Section does not contravene applicable Federal law. As used in the foregoing verification, `boycott Israel' means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action made for ordinary business purposes. 11.23 Iran, Sudan and Foreign Terrorist Organizations. The Developer represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer's internet website: https:Hcomptroller.texas.gov/purchasing/does/sudan-list.pdf, https://comptroller.texas.gov/purchasing/does/iran-list.pdf, or https:Hcomptroller.texas.gov/purchasing/does/fto-list.pdf. The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law and excludes the Developer and each of its parent company, wholly- or majority-owned subsidiaries, and other Affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. 11.24 Form 1295. Submitted herewith is a completed Form 1295 in connection with the Developer's participation in the execution of this Agreement generated by the Texas Ethics Commission's (the "TEC") electronic filing application in accordance with the provisions of Section 2252.908 of the Texas Government Code and the rules promulgated by the TEC (the "Form 1295"). The City hereby confirms receipt of the Form 1295 from the Developer, and the City agrees to acknowledge such form with the TEC through its electronic filing application not later than the 30th day after the receipt of such form. The Developer and the City understand and agree that, with the exception of information identifying the City and the contract identification number, neither the City nor its consultants are responsible for the information contained in the Form 1295; that the information contained in the Form 1295 has been provided solely by the Developer; and, neither the City nor its consultants have verified such information. [Signatures to Follow] S-1 Executed by the Developer and the City to be effective on the date signed by the City Secretary. �,o'ovnnp�� GpF°FOR)-° 4ad ATTEST: a>o oo��� CITY OF FORT WORTH,TEXAS �a o=o �ra l� GIGO o o° d By: Dana Burghdoff(N v 23,202 16:01 CST) ° o Ronald Gonzales °°°°°o°°°°°° a� Dana Burghdoff Acting City Secretary aa�nEapS�pp Assistant City Manager Date: 11/24/21 _ M&C No.: 21-0444 APPROVED AS TO FORM AND LEGALITY: "n". Ids(No,_3.J ::I KIS Christa R. Lopez-Reynolds Sr. Assistant City Attorney STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the 29th day of November , 2021 and executed by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, Texas, a home- rule municipal corporation, on behalf of said home-rule municipal corporation. Maria 5�v 2�112�ISTI Notary Public, State of Texas Mary Elliv>�1112312021 Mary Elliott 11/23/2021(Nov 23,202115:57 CST) Compliance Officer OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DEVELOPER: HAKUNA MATATA INVESTMENTS, LLC, A Texas limited liability company By: Printed Name: Chad Dannheim Title: Manager Date: 11/23/21 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the 23rd day Of November , 2021 and executed by Chad Dannheim Manager Of HAKUNA MATATA INVESTMENTS, LLC, a Texas limited liability company, on behalf of said limited liability company. Im Notary Public, State of Texas OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A Metes and Bounds Description of the Property DESCRIPTION OF 48.6908 acre tract—Tract 1 Vargas North Tracts Being a 2,120,970 square foot(48.6908 acre) tract of land situated in the Hiram Little Survey,Abstract No. 930, Tarrant County, Texas, being all of a called 33.232 acre tract of land described in a Warranty Deed to Jesus Vargas and Maria Teresa Vargas, recorded in Instrument Number D215182825, Deed Records, Tarrant County, Texas, being a portion of a called 19.5639 acre tract of land described in a Warranty Deed to Jesus Vargas and Maria Teresa Vargas, recorded in Instrument Number D216130257, Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point in the approximate centerline of Oak Grove Road East (also known as County Road #1004, a variable width right-of-way) for the northwest comer of said 33.232 acre tract, from which a found 3/4" iron rod bears S 00' 57' 56" E, a distance of 25.00 feet; THENCE North 89°36'04" East, along the approximate centerline of said Oak Grove Road East and the north lines of said 33.232 acres tract and of said 19.5639 acre tract, a distance of 1203.65 feet to a point in the approximate centerline of said Oak Grove Road East for the northwest corner of a called a called 14.01 acre tract of land described in Warranty Deed to Nicolas Gomez and spouse, Erika D. Gomez, recorded in Instrument Number D219011023, Deed Records, Tarrant County, Texas, and the northeast corner of said 19.5639 acre tract; THENCE along the west line of said 14.01 acre tract and the east line of said 19.5639 acre tract, the following bearings and distances: South 00°53'51" East, passing at a distance of 25.00 feet, a 1/2 " iron rod found, continuing for a total distance of 1092.44 feet to a 1/2" iron rod found for an interior ell corner of said 14.01 acre tract and said 19.5639 acre tract; South 44°02'51" West, a distance of 303.37 feet to a 1/2" iron rod found for an interior ell comer of said 14.01 acre tract and said 19.5639 acre tract; South 00°56'24" East, a distance of 232.44 feet to a 1/2"iron rod found in the north line of a called 5.145 acre tract of land described in Warranty Deed to Texas Electric Service Company, recorded in Volume 3545, Page 476, Deed Records, Tarrant County, Texas, for the southwest corner of said 14.01 acre tract; THENCE South 54°31'53" West, along the north line of said 5.145 acre tract, passing at a distance of 309.04 feet, an iron rod with red plastic cap stamped "FULTON-SURVEYING" found for the southeast corner of said 33.232 acre tract, continuing a total distance of 1198.44 feet to a concrete monument for the northwest corner of said 5.145 acre tract and the southwest corner of said 33.232 acre tract; THENCE North 00°57'56" West a distance of 2230.12 feet to the POINT OF BEGINNING, containing 2,120,970 square feet or 48.6908 acres of land, more or less. DESCRIPTION OF 14.0123 acre tract—Tract 3 Gomez North Tract Being a 610,375 square foot (14.0123 acre) tract of land situated in the Hiram Little Survey, Abstract No. 930, Tarrant County, Texas, being all of a called 14.01 acre tract of land (Tract 1) described in a Warranty Deed to Nicolas Gomez and Spouse, Erika D. Gomez, recorded in Instrument Number D219011023, Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point in the approximate centerline of Oak Grove Road East(also known as County Road #1004, a variable width right-of-way) for the northeast corner of said 14.0123 acre tract; THENCE South 00°26'40" East a distance of 1071.26 feet to a point THENCE South 54°3 F53" West a distance of 216.28 feet to a point THENCE South 89°40'48" West a distance of 221.19 feet to a point THENCE South 00°01'04" East a distance of 156.32 feet to a point THENCE South 54°31'53" West a distance of 330.46 feet to a point THENCE South 00' 26'40" East, along the east line of said 14.01 acre tract and the west line of a called 14.291 acre tract of land described in Warranty Deed to Deer Creek Stables, LLC,recorded in Instrument Number D209020156, Deed Records, Tarrant County, Texas,passing at a distance of 25.00 feet, a 1/2" iron rod found for an ell corner of said 14.291 acre tract and the northwest corner of a called 1.000 acre tract of land described in Warranty Deed to Ron Truly, recorded in Instrument Number D219216291, Deed Records, Tarrant County, Texas, continuing along the common line of said 14.01 acre tract and said 1.000 acre tract, passing the southwest corner of said 1.000 acre tract and an exterior ell corner of said 14.291 acre tract at 208.71 feet, and continuing along the common line of said 14.01 acre tract and said 14.291 acre tract for a total distance of 1071.26 feet to a point for corner in the north line of a called 0.253 acre tract of land described in Warranty Deed to Texas Electric Service Company, recorded in Volume 3545, Page 476, Deed Records, Tarrant County, Texas, from which a found 3/4" iron rod bears South 00' 26' 40'East, a distance of 0.49 feet; THENCE South 54' 31' 53" West along the common line between said 0.253 acre tract and said 14.01 acre tract, a distance of 216.28 feet to a point for comer in the north line of a called 1.880 acre tract of land described in Warranty Deed to Texas Electric Service Company, recorded in Volume 3533, Page 399, Deed Records, Tarrant County, Texas, from which a found concrete monument stamped"TES-CO"bears South 17' 11' 25" West, a distance of 0.27 East; THENCE South 89' 40'48" West along the common line between said 1.880 acre tract and said 14.01 acre tract, a distance of 221.19 feet to a concrete monument stamped"TES-CO" found for the northwest comer of said 1.880 acre tract and for an ell corner of said 14.01 acre tract; THENCE South 00' O1' 04" East along the common line between said 1.880 acre tract and said 14.01 acre tract, distance of 156.32 feet to a concrete monument stamped"TES-CO" found for the northeast corner of a called 5.145 acre tract of land described in Warranty Deed to Texas Electric Service Company,recorded in Volume 3545, Page 476, Deed Records, Tarrant County, Texas, and for an ell corner of said 14.01 acre tract, from which a found 5/8" iron rod bears S OO' 01' 04"E, a distance of 368.15 feet; THENCE South 54' 31' 53" West along the north line of said 5.145 acre tract and the south line of said 14.01 acre tract, a distance of 330.42 feet to a 1/2" iron rod found in the east line of a called 19.5639 acre tract of land described in Warranty Deed to Jesus Vargas and Maria Teresa Vargas, recorded in Instrument Number D216130257, Deed Records, Tarrant County, Texas, for the southwest comer of said 14.01 acre tract; THENCE along the east line of said 19.5639 acre tract and the west line of said 14.01 acre tract, the following bearings and distances: North 00°56'24" West a distance of 232.44 feet to a 1/2" iron rod found for an interior ell corner of said 19.5639 acre tract and said 14.01 acre tract; North 44°02'51" East a distance of 3 03.3 7 feet to a 1/2" iron rod found for an interior ell corner of said 19.5639 acre tract and said 14.01 acre tract; THENCE North 00°53'51" West, passing at a distance of 1067.44 feet, a 1/2" iron rod found, continuing for a distance of 1092.44 feet to a point in the approximate centerline of said Oak Grove Road East for the northeast corner of said 19.5639 acre tract and the northwest corner of said 14.01 acre tract; THENCE North 89°36'04" East, along the approximate centerline of said Oak Grove Road East, a distance of 468.12 feet to the POINT OF BEGINNING, containing 610,375 square feet or 14.0123 acres of land, more or less. EXHIBIT B Private Improvements List 1. New Private Water Systems a. Domestic water lines and associated improvements b. Fire water lines and associated improvements c. Other 2. New Private Electrical Systems a. Service conduits and associated improvements b. Transmission conduits,transformers and equipment with associated improvements c. Vehicular and pedestrian site lighting and associated improvements d. Telecom Infrastructure and associated equipment 3. Private Sewer Systems a. Sanitary sewer and associated improvements b. Storm drains and associated improvements c. Culvert crossings and associated improvements 4. Roadways a. Curb, pavement and driveway improvements b. Striping,Signage, Markings and associated improvements C. 5. Homesites a. Manufactured homes b. Vehicular and pedestrian paving improvements c. Landscaping and associated improvements d. Other 6. Amenity Area a. Leasing Office/Clubhouse b. Recreation area,swimming pool and playground area with associated improvements c. Vehicular and pedestrian paving improvements d. Landscaping and associated improvements e. Other 7. Miscellaneous a. Grading, earth moving and associated subgrade preparation b. Monument signs and associated improvements c. Other EXHIBIT C Water and Sewer Demands and Loads Table 1.Summary of Water Demand Calculation T Average Average Maximum Maximum Maximum Design Types of Land Use Land Area Building Size Connections Population Capita Factor Daily Flow+ Daily Flow Daily Flow Daily Flow Fire Flow Hour Flow Flow acres sf units persons gpd gpm gpm gpm gpm gpm Manufactured Housing -- N/A 325 813 2.5 persons per unit 162600 112.9 254.1 254.1 508.1 508.1 Commercial(Clubhouse/Amenity Center) - 5000 1 13 1 person per 400 square feet 650 0.5 1.0 1501.0 2.0 1501.0 Total 44.2 326 $26 163250 113.4 255.1 1755.1 510.2 1755.1 Table 2.Sewer Develo ment Projections in Different Phases(North) 7 { Average Average Peaking %of Total Sanitary Types o Land Use Size of Basin Building Size Connections Population Capita Factor Flow Flow Factor Peak Flow Flow Sewer Main 10 acres sf units persons gpd RPM RPM 9Pm Rpm Manufactured Housing -- - 161 403 2.5 persons,,runt 36270 25.2 :[::4.0 101.3 99% M-321 Commercial(Clubhouse/Amenity Center) - 5000 - 13 1 person per 400 square feet 455 0.3 4.4 1.4 1% M-321 Total 22.2 5000 162 416 36725 25.5 102.7 100% M-321 #SPILL! Types of Land Use Sizeof Basin Building5ize Connections Po ulation G to Factor Average Average Peaking %of Total Sanitary p pr Flow Flow Factor Peak Flow Flow Sewer acres sf units persons god RPM gpm gpm RPM Manufactured Housing - - 164 410 2.5 persons per unit 36900 25.6 4.0 102.9 100% M-321 Total 21.9 - 164 410 - 36900 25.6 102.9 100% M-321 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT H DATE: 6/22/2021 REFERENCE**M&C 21- LOG 06DEVELOPMENT AGREEMENT FOR NO.: 0444 NAME: 2000 OAK GROVE ROAD EAST CODE: L TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ETJ Future CD 6) Authorize Execution of a Pre-Annexation Development Agreement with Hakuna Matata Investments, LLC, 72.06 Acres at Southwest Corner of Forest Hill Everman Road and Oak Grove Road East, for Property Located in Fort Worth's Extraterritorial Jurisdiction RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a pre-annexation development agreement between the City and Hakuna Matata Investments, LLC property owner in unincorporated Tarrant County. DISCUSSION: Hakuna Matata Investments, LLC ("Owner") represents parcels of real property, a total of approximately 72.06 acres of land, as described in map Exhibit A, hereinafter called "the Property," located within Tarrant County. The Property is located in the extraterritorial jurisdiction "ETJ" of the City of Fort Worth ("City"). The Owner of the Property has requested, subject to the terms, conditions and limitations set forth in the Pre-annexation Development Agreement ("Agreement") that the City shall provide water and sewer services to the property. In consideration of the City providing these services 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. The parties have agreed that the Agreement constitutes a petition for voluntary annexation under the provisions of Subchapter C-3, Chapter 43 of the Texas Local Government Code, and upon the request of the of the City, the Owner shall execute all applications and documentation required by Texas law to petition for annexation as required by Texas law. The proposed development is for manufactured housing leases served by private concrete streets built per County standards. The request meets the Adverse Impact criteria in the Comprehensive Plan, Appendix F -Annexation Policy & Program. Without annexation, potential development activity is likely to have an adverse environmental impact on the City due to the City's inability to enforce development standards, and environmental regulations. The property is adjacent to City Limits and is currently within the Bethesda Water CCN. The Owner can access two City residential taps granted as partof a 1975 sewer easement. If the Owner does not choose to enter into the Agreement, then the Property will be served by Bethesda Water Supply Corporation, and the Owner will pursue a wastewater package treatment plant and discharge permit operated by Aqua Utilities. The plant would be adjacent to floodplain property and would be considered a potential adverse impact. The Owner and the City are in agreement on certain terms that will allow the Owner to obtain City water and sewer services, and address timing of annexation. The Property will remain the in the City's ETJ for two years prior to the Owner requesting owner-initiated annexation. During this time, the Owner wil decertify from the Bethesda Water CCN; will work with the City to extend the water main; and will complete construction. The Owner agrees to design public water and sewer mains to Fort Worth standards for Fort Worth review and approval. The Owner also agrees to build backflow and pre-treatment requirements to meet Fort Worth standards and obtain backflow and pre-treatment permits through the City of Fort Worth. The Property will be served by City sewer, and the Owner will not build a sewer treatment plant. At the time of annexation, the owner will also submit a zoning request for conforming "MH" Manufactured Housing District. The Agreement will be entered into pursuant to Chapter 43, Subchapter C-3 and Chapter 212, Section 212.172 of the Texas Local Government Code, in order to address the needs of the Owner and the procedures of the City. The Agreement runs with the land and is binding upon the City and the Owner and Owner's respective successor and assigns. The Agreement will be recorded in Tarrant County. The property is located in the extraterritorial jurisdiction adjacent to COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that this action will have no material effect on City funds until the property is annexed by the City. TO Fund Department Account Project Program Activity Budget Reference# Amount iLID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Dana Burghdoff(8018) Originating Department Head: D.J. Harrell (8032) Additional Information Contact: Mary Elliott (7844) ATTACHMENTS Exhibit A-2000 Oak Grove Road East.pdf Oak Grove Sewer Loading.pdf Oak Grove Water Demand.pdf