HomeMy WebLinkAboutContract 42127-A2 CITY SECREMY
CONTRACT NO.. � �.��
AMENDMENT TO AMENDED AGREEMENT
CONCERNING OPERATION OF SOUTH DENTON COUNTY WATER CONTROL
AND IMPROVEMENT DISTRICT NO. 1
CITY SECRETARY CONTRACT NO.421.27-A2
This Amendment to Amended Agreement Concerning Operation of South Denton County
Water Control and Improvement District No. 1 (this"Amendment") is entered into by the City of
Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant, Denton, Johnson,
Parker,and Wise Counties,Texas(the"C "),acting by and through its duly authorized Assistant
City Manager, and Brookfield Water Control and Improvement District of Denton County,
formerly South Denton County Water Control and Improvement District No. 1 (the "District"),a
political subdivision of the State of Texas,operating under the provisions of Article XVI, Section
59,of the Texas Constitution and Chapters 49,51 and 53,Texas Water Code,as amended,effective
upon execution by the City and the District(the"Effective Date"),
RECITALS
A. The District encompasses approximately 231 acres of land in Denton County, in the
City's extraterritorial jurisdiction depicted on Exhibit A attached hereto(the `Pro a ").
B. The District was created as a water control and improvement district known as South
Denton County Water Control and Improvement District No. 1 and was converted to a fresh water
supply district known as Brookfield Fresh Water Supply District No. 1. The District reconverted
to a water and control improvement district effective August 2, 2019, and changed its name to
Brookfield Water Control and Improvement District of Denton County by order of the Texas
Commission on Environmental Quality.
C. On June 22, 2021, the City Council of the City approved Resolution No. 54276-06-
2021 (the"Annexation Consent Resolution")consenting to the addition of approximately 489.816
acres of land described in Exhibit B-1 attached hereto to the District.
D. The City Council's consent to annexation of such land by the District is subject to
execution by the City and the appropriate parties of amendments to certain agreements, including
without limitation the Amended Agreement Concerning Operation of South Denton County Water
Control and Improvement District No. 1, City Secretary Contract No. 42127-A1 (the"Operation
Agreement").
E. The District intends to annex approximately 486 acres ofthe land described on Exhibit
B=1 into the District(the"Additional Prop=");
F. Upon annexation of the Additional Property by the District,the District will encompass
approximately 717 acres of land shown on Exhibit A attached hereto.
NOW, THEREFORE, in consideration of the premises, mutual promises, covenants,
obligations, and benefits herein contained, the City and District agree to amend the Operation
Agreement,as follows:
Amendment to Amended Agreement Concerning Operation of South Denton County Water Control and _ r4-ecAITIARY
Improvement District No. I—Page I
CSC REC'C Mr WORTHS TX
NOU 15'22 PHI:49 - ----
1. The definition of"Amended Development Agreement" in Article II is amended to read as
follows:
"Amended Development Agreement" means the Amended Development Agreement
between the City of Fort Worth,Texas and Brookfield Acquisitions,L.P.for the Brookfield
Development dated February 17, 2017 (City Secretary Contract No. 42128-A1) as
amended by the Amendment to Amended Brookfield Development Agreement dated
October 28, 2022 (City Secretary Contract No. 42128-A2).
2. Section 3.01(a), "City Consents,"is amended to read as follows:
(a) conversion of the District to a fresh water supply district or a water control and
improvement district;
3. Section 4.04, "Road Projects," is amended to increase the Bond Limit Amount to
$172,005,000.00.
4. Section 4.05(e), "Bond Requirements," is amended to read as follows:
No Bonds shall be issued by the District or by a district resulting from division of the
District, if any (a "Resulting District") after October 11, 2042, without the City's written
approval; and
5. Section 4.11 (b), "Reimbursement Agreements," is amended to read as follows:
(b) All agreements entered into by the District or a Resulting District for reimbursement
of costs incurred in connection with such District or Resulting District shall provide that
(i)the District or Resulting District will not reimburse the landowner or developer for costs
unless such costs are evidenced by Bonds issued before October 11, 2042, unless the City
consents in writing; and(ii)the landowner or developer waives all claims against the City
for reimbursement of obligations that are not evidenced by Bonds issued before October
11, 2042.
6. A new section 4.12,"District Tax Rate;Establishment of Fund"is added to read as follows:
Beginning January 1,2023 and each year thereafter,the District and Resulting Districts, if
any, shall levy a total ad valorem tax rate (including its debt service tax rate and
maintenance and operation tax rate) of no less than $1.00 per $100 valuation. Monies
collected through such tax shall be used to pay the debt service on such District's or
Resulting District's outstanding bonds, and operating costs and any other legally allowable
costs of the District or Resulting District, and to establish a fund to assist the City in
absorbing the costs of the District or Resulting District when the City annexes all the land
in the District or Resulting District and dissolves such district.
Amendment to Amended Agreement Concerning Operation of South Denton County Water Control and
Improvement District No. 1—Page 2
7. Article VII is amended to reflect that it applies after the Effective Date of this Amendment.
The City acknowledges and consents to conversion of the District from a water control and
improvement district to a fresh water supply district and reconversion to a water control
and improvement district.
8. Section 8.04,"Full Purpose Annexation,"is amended to read as follows in its entirety:
The City shall not annex all or any portion of the Property or the Additional Property for
full.purposes until the first to occur of(i) the dissolution of the District or Resulting District
in which such property is located; or (b) the date construction of water, sanitary sewer,
drainage and road facilities to serve 90% of the Property and Additional Property is
complete and bonds have been issued by the District or Resulting District to reimburse
Owner or developer for such facilities; or(iii) October 11,2042. The City shall not annex
any property within the District or a Resulting.District unless the City annexes all property
within such district.
9. Section 11.01,"Notice"is amended to change the City's notice address to 200 Texas Street,
Fort Worth,Texas 76102.
10. Exhibit A to the Operation Agreement is replaced by Exhibit A attached hereto.
11. All capitalized terms not defined in this Amendment shall have the meaning as defined in
the Operation Agreement.
12. Except as amended by this Amendment, the Operation Agreement remains in full force
and effect.
13. This Amendment is approved in furtherance of Section 3 of the Consent Resolution.
IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its
undersigned duly authorized representative in multiple copies on the date or dates indicated below.
SIGNATURES APPEAR ON NEXT PAGE
Amendment to Amended Agreement Concerning Operation of South Denton County Water Control and
Improvement District No. 1 —Page 3
ATTEST: CITY OF FORT WORTH
L f By: �� I ..�
City cretary Name: e/-/!l0 /-1,4R D61z-
Acting Assistant City Manager
ORT
APPROVED AS TO FORM AND ��' O�J►
LEGALITY•
Assistant City Attorney ......XPS
STATE OF TEXAS §
COUNTY OF TARRANT § �/ 1
This i trument was acknowledged before me, on thy( /� of 0CW-el— , 2022,
by G�rU 4,/— , Acting Assistant City Manager of the City of Fort Worth, Texas on
behalf of said City.
(IjAb IAL�
JULIE A. GEH0
Notary ublic, State of Texas
.:Notary Public,State of Texas
Comm. Expires 07-09-2024
'Sire`
Notary ID 124983447 Printed Name: G-e,kb
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
Name: �ohvr`z 5 � .� ,r�•��
Date: iy/Z7Ike 2a--
OFFICIAL RECORD
Amendment to Amended Agreement Concerning Operation of South Denton County Water Contro=SECRETARY
Improvement District No. 1—Page 4 FT WORTH,TX
BROOKFIELD WATER CONTROL AND
IMPROVEMENT DISTRICT OF DENTON
COUNT'
By: _
1k;&&
President,Board of Directors
Name:
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me, on thel��^day of K irv)r , 2022, by
President, Board of Directors of Brookfield Water Control and
Improvement District of Denton County, on behalf of said district.
Amy Bieber N ry PuftL", StaYe of Texas
Notary Public,State of Texas
g �, Notary ID 13156874-8
''�Gi�` My Commission Exp.05-15-2026 Printed Name;
Amendment to Amended Agreement Concerning Operation of South Denton County Water Control and
Improvement District No. I—Page 5
ADDITIONAL PROPERTY
1
\ ` PROPERTY
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TDB NO. 61290-00
B ROO K F I E L D
DATE SEPTEMBER EMBER 20 2022 PAPS-DAWSON
DESIGNER LDF MAP OF PROPERTY ENGINEERS
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6500 INFWY,STE 700 1 FT,WORTH,TY 76118 1 817.87G.S888
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Exhibit B-1
Legal Descriptions
Tract 1
BEING a tract of land situated in the William C. Hallmark Survey,Abstract Number 518,Denton
County,Texas,and being all of those certain tracts(Second Tract,Third Tract and Fourth Tract)
and a portion of those certain tracts ( First tracts and Fifth Tract) described in deed to the FST
Richard Family, LP, as recorded in Instrument Number 2020- 135109 Real Property Records,
Denton County,Texas and being more particularly described by metes and bounds as follows:
BEGINNING at the northeast corner of said Third Tract and being in the west line of said Fifth
Tract and being the most southerly southeast corner of that'certain called 276 acre tract of land
described in deed to the Strader Family Limited Partnership, as recorded in Instrument Number
97- 90209, Real Property Records, Denton County, Texas:
THENCE North, a distance of 1098. 16 feet along the common line of the west line of said Fifth
tract and the most southerly east line of said called 276 acre tract;
THENCE East,a distance of 1130, 56 feet to a point in the common line of the most northerly east
line of said called Fifth tract and the west line of that certain called 345. 35 acre tract of land
described in deed to Corinne Adams,as recorded in Volume 611,Page 283,Real Property Records,
Denton County, Texas;
THENCE South, a distance of 592. 60 feet along said common line to an interior corner of said
Fifth tract and being the southwest corner of said called 345. 35 acre tract;
THENCE East, a distance of 1911. 89 feet along the common line of the north line of said called
Fifth tract and the south line of said called 345.35 acre tract to the most easterly northeast corner
of said called Fifth tract and being the northwest corner of a called 435.5 acre tract of land;
THENCE South, along the east line of said called Fifth tract and the west line of said called 435.5
acre tract,at a distance of 2357.22 feet pass the southeast corner of said Fifth tract and the northeast
corner of said called Second tract and then along the common line of the east line of said called
Second tract and the west line of said called 435. 5 acre tract a total distance of 4111. 11 feet to
the southeast corner of said called Second tract and being the northeast comer of that certain called
90.50 acre tract of land described in deed to LPC Bluestone,LP,as recorded in Instrument Number
2020- 187384,Real Property.Records, Denton County,Texas;
THENCE West at a distance at 2111. 89 feet pass the southwest coiner of said called Second tract,
the southeast corner of said called Fourth tract and the northwest corner of said called 90. 50 acre
tract, and then along the common line of the south line of said called Fourth tract and the north
line of said called First tract, in all a distance of 2127. 45 feet;
THENCE South, a distance of 30. 69 feet to the beginning of a curve to the right;
Exhibit B-1 —Page I
THENCE with said curve, an arc distance of 480. 40 feet,through a central angle of 22' 50' 19",
having a radius of 1205. 18 feet and a long chord of which bears S 11' 14'38" W,477. 22 feet;
THENCE S 220 39'47" W, a distance of 718. 90 feet to the beginning of a curve to the left;
THENCE with said curve, an are distance of 423. 04 feet, through a central angle of 16' 46' 17",
having a radius of 1445. 22 feet and a long chord of which bears S 1.4° 16'39" W,421. 53 feet;
THENCE S 050 53' 30" W,a distance of 250. 75 feet;
THENCE S 400 46' 53" E, a distance of 68. 63 feet to the north Right- of-Way line of State
Highway 114;
THENCE N 870 26' 56" W,a distance of 210. 22 feet along said Right-of-Way line;
THENCE N 490 13' 17"E,a distance of 72. 75 feet,departing said Right-of-Way line;
THENCE N 050 53`30"E, a distance of 257. 17 feet to the beginning of a curve to the right;
THENCE with said curve, an arc distance of455. 24 feet, through a central angle of 160 46' 17",
having a radius of 1555.22 feet and a long cord of which bears N 14' 16' 39" E,453. 62 feet;
THENCE N 22°39'47" 8,a distance of 718, 90 feet to the beginning of a curve to the left;
THENCE with said curve, an arc distance of 436. 54 feet, through a central angle of 22' 50' 19",
having a radius of 1095. 18 feet and a long chord of which bears N 110 14' 38" E,433. 66 feet;
THENCE North, a distance of 31. 02 feet returning to the common line of the north line of said
First tract and the south line of said Fourth tract;
THENCE West,a distance of 804.98 feet to the most northerly northwest corner of said First tract,
the southwest corner of said Fourth tract and being in.the east line of that certain called 224. 246
acre tract of land described in deed to DRH-HWY,LLC,as recorded in Instrument Number 2018-
136917,Real Property Records,Denton County,Texas;
THENCE North, along the common line of the west line of said Fourth tract and the east line of
said called 224. 246 acre tract, at 1753. 89 feet,pass the northwest corner of said Fourth tract and
the southwest corner of the aforementioned FST Richard Family,LP,Fifth tract,in all a distance
of 2230.25 feet to the northeast corner of said called 224.246 acre tract,being the southeast corner
of the aforementioned FST Richard Family, LP,Third tract;
THENCE West,a distance of 3164. 20 feet along the common line of the south line of said Third
tract and the north line of said called 224. 246 acre tract to the southwest corner of said Third
Tract, the northwest corner of said called 224. 246 acre tract and being in the east line of that
certain called 107 acre tract of land described in deed to Deborah M.Atheley,Trustee,as recorded
Exhibit B-1--Page 2
in Instrument Number 2016- 101017 and described in Volume 51.5, Page 94, Real Property
Records,Denton County,Texas;
THENCE North along the common line of the west Iine of said Third tract and the east line of said
called 107 acre tract,at 1302. 20 feet pass the northeast corner of said called 107 acre tract and the
southeast corner of that certain called 107 acre tract of land described in deed to The Harry and
Sherrie Logan Family Limited Partnership,as recorded in Instrument Number 2009-6853S, Real
Property Records, Denton County, Texas, and then along the west line of said called Third tract
and the east line of said Harry and Jherrie Logan Family Limited Partnership tract in all a distance
of 1375. 31 feet to the northwest corner of said called Third tract and the most southerly southwest
corner of the aforementioned called 276 acre Strader Family Limited Partnership tract;
THENCE East, a distance of 3164. 20 feet along the common line of the north line of said called
Thud tract and the south line of said called 276 acre tract,returning to the Point of Beginning and
containing 17, 746, 724 square feet or 407. 409 acres of land, more or less.
This Legal description is for contract purposes only,it is not based on an on the ground survey and
should not be used for the conveyance of real property
Tract 2
BEING a tract of land situated in the William C. Hallmark Survey,Abstract Number 518,Denton
County, Texas, and being a portion of that certain called 276 acre tract of land described in deed
to the Strader Family Limited Partnership, as recorded in Instrument Number 97- 90209, Real
Property Records, Denton County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at the most southerly southeast corner of said called 276 acre tract, being the
northeast corner of a called 100 acre tract of land described as the Third Tract in deed to the FST
Richard Family, LP, as recorded in Instrument Number 2020- 135109 Real Property Records,
Denton County,Texas and also being in the west line of the called 182.43 acre Fifth Tract of said
FST Richard Family,LP,deed;
THENCE West, a distance of 3164. 20 feet along the common line of the south line of said called
276 acre tract and the north line of said called 100 tract to the most southerly southwest corner of
said called 276 acre tract and the northwest corner of said called 100 acre tract;
THENCE North, a distance of 1170. 77 feet along the southerly west line of said called 276 acre
tract; •
THENCE S 880 41'07"E, a distance of 3165. 03 feet to the common line of the southerly east line
of said called 276 acre tract and the west line of the aforementioned called 182.43 acre tract;
THENCE South, a distance of 1098. 16 feet along said common line returning to the Point of
Beginning and containing 3,589,663 square feet or 82.407 acres of land,more or less.
Exhibit B-I—Page 3
This Legal description is for contract purposes only,it is not based on an on the ground survey and
should not be used for the conveyance of real property
Exhibit B-1—Page 4