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