The URL can be used to link to this page

Home My WebLink AboutContract 56853-A1THE STATE OF TEXAS § § COUNTY OF DENTON § FIRST AMENDMENT TO DEVELOPMENT AGREEMENT CITY SECRET ARY CONTRACT NO. 56853-Al This First Amendment to Development Agreement ("First Amendment") is entered into by the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant, Denton, Johnson, Wise and Parker Counties, Texas (the "City"), acting by and through its duly authorized Assistant City Manager, and Alliance West, LP, a Texas limited partnership, and Denton County Land and Cattle, LP, a Delaware limited partnership (individually and collectively, "Owner"), effective upon execution by both parties (the "Effective Date"). RECITALS WHEREAS, the City and Owner entered into that certain Development Agreement dated December 30, 2021 (City Secretary Contract No. 56853) recorded as Instrument No. 236285 in the Denton County Real Property Records (the "Agreement"); and WHEREAS, the Agreement governs development of approximately 606.132 acres of land in Denton County in the City's extraterritorial jurisdiction, generally located south of State Highway 114 and west of FM 156, as shown on Exhibit A and described in Exhibit B attached to the Agreement (the "Property''); and WHEREAS, the Agreement provides for approval of subdivision plats for the Property by the Denton County Commissioners Court; and WHEREAS, at the request of Denton County, the City and Owner wish to amend the Agreement to provide for approval of subdivision plats by the City; NOW, THEREFORE, in consideration of the premises, mutual promises, covenants, obligations, and benefits herein contained, the City and Owner amend the Agreement as follows: P ICI I. RECORD CITY EC ETARY FT. WORTH, TX First Amendment to Development Agreement Between City of Fort Worth, Alliance West, LP, and Denton County Land and Cattle, LP -Page 1 1. Section 2.01, "Applicable Regulations," subsection G), is amended in its entirety to read as follows: G) Final plats for portions of the Property that are approved, from time to time, in accordance with this Agreement. 2. Section 3.01, "Review and Approval of Plats," is amended in its entirety to read as follows: 3.01 Review and Approval of Plats. The County and the City shall exercise jurisdiction over the review and approval of preliminary and final plats, amending plats, replats and minor replats for the Property, in accordance with that certain Interlocal Cooperation Agreement Between the County of Denton and the City of Fort Worth Regarding Plat Approval Jurisdiction in the City's ETJ dated January 13, 2004 (CSC 29491), and the Addendum thereto dated September 14, 2004 (CSC 30507), except as set out in this section. All plats shall be submitted to the City for review. Owner shall pay all fees related to application for and approval of plats adopted by the City Council and the County. The City's review shall be limited to compliance with the Governing Regulations and this Agreement and approval of water and sewer studies, in accordance with the City Infrastructure Standards. 3. Section 8.01, "City Development Fees," is amended to add subsection (e) to read as follows: (e) Fees charges for plat application and approval described in Section 3.01. 4. Except as specifically amended in this First Amendment, the Agreement shall remain in full force and effect in accordance with its original terms and conditions. 5. Unless expressly defined herein, all capitalized terms shall have the meanings defined in the Agreement. 6. This First Amendment shall take effect on the Effective Date and shall be recorded in the real property records of Denton County, Texas. IN WITNFSS 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 First Amendment to Development Agreement Between City of Fort Worth, Alliance West, LP, and Denton County Land and Cattle, LP -Page 2 ATTEST: QZ;:R ~~ Assistant City Attorney Mt e, t ~ -0 t:,l.4--, (. c.t It, ,~~ F--,t....s: t.o~ • 'f~"e,o; t,o13 • 1U91lt' STATE OF TEXAS § § COUNTY OF TARRANT § CITY OF FORT WORTH By: __ ~~~~~~F-k------- Dana t City Manager This instrument was acknowledged before me, on the Jl day of ~ , 2023, by Dana Burghdoff, Assistant City Manager of the City of Fort Wm,Texas on behalf of said city. MARIA 5 SANCHEZ Notary ID #2256-490 My Commission Expires December 19, 2025 Printed Name: M-/ttuA S, S,1,t./~fre"-z__ ,,,,,.. My Commission Expires: / ,:J.. "19 ... ,A '-5 First Amendment to Development Agreement Between City of Fort Worth, llianc iA(-'fl"""*""'RD and Denton County Land and Cattle, LP -Page 3 0 I CITY SECRETARY FT, WORTH, TX CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including enduring all performance and reporting re ~ By .. ~ 7 Na~Ah1aitv~-~6~// Position: l?M-llllY•JVj /Jt1-,r/f-f,C:-t<--,,,. First Amendment to Development Agreement Between City of Fort Worth, Alliance West, LP, and Denton County Land and Cattle, LP -Page 4 OWNER Alliance West, LP, A Texas limited partnership By: Alliance West GP, LLC Its General Partner By: ----=t--'P""l'"--+-~----- Je STATE OF TEXAS COUNTYOF~ § § § This instrument was acknowledged before me on this Af day of {Y(uJ 2023, by Jennifer Alexander, Manager of Alliance West GP, LLC, general partner of Alliance West, LP, on behalf of said limited partnership. Printed Name: ~ mtcitl.Ln My Commission Expires: I/ aP/t'1 First Amendment to Development Agreement Between City of Fort Worth, Alliance West, LP, and Denton County Land and Cattle, LP -Page 5 Denton County Land & Cattle, LP, A Delaware limited partnership By: DCLC GP, LLC, a Delaware limited liability company, Its general partner By : NPD Management, LLC, its Manager By : Natha~om, Manager STATE OF Missouri COUNTY OF Clay § § § This instrument was acknowledged before me on this fl ~ay of t\::pr; \ 2023, by Nathaniel Hagedorn, Manager of NPD Management, LLC, a Missouri limited liability company, Manager of DCLC GP, LLC, a Delaware limited liability company, general partner of Denton County Land & Cattle, LP, on behalf of said limited partnership. HEATHER R. PFENDER Notary Public • Notary Seal Clay County • State of Missour i Commission Number 15633521 My Commission Expires Feb 24, 2027 My Commission Expires : 2~Z~ -z_,7 First Amendment to Development Agreement Between City of Fort Worth, Alliance West, LP, and Denton County Land & Cattle, LP -Page 6 4 /12/23 , 2 :20 PM M&C Review Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA fORT\VORTH ~ Crea te New From This M&C DATE: 411112023 REFERENCE **M&C 23- NO.: 0247 06AMENDMENT TO ALLIANCE LOG NAME: WEST DEVELOPMENT AGREEMENT CODE: C TYPE: CONSENT PUBLIC HEARING : NO SUBJECT: (ET J / Denton County I Future CD 7) Authorize Execution of Amendment to Development Agreement with Alliance West, LP, and Denton County Land and Cattle , LP Regarding Plat Approval Authority RECOMMENDATION: It is recommended that the City Council authorize the execution of an amendment to the Development Agreement with Alliance West, LP, and Denton County Land and Cattle, LP regarding plat approval authority. DISCUSSION: On November 9 , 2021, Mayor and Council Communication 21-0836, City Secretary Contract No. 56853 , the City Council approved a Development Agreement with Alliance West, LP, and Denton County Land and Cattle , LP governing development of approximately 606 .1 32 acres of land in Denton County in the City's extraterritorial jurisdiction. The agreement provides for approval of subdivision plats solely by the Denton County Commissioners Court. At the request of Denton County, this amendment will provide for approval of plats by the City of Fort Worth, in lieu of approval by Denton County. The remainder of the agreement will remain in effect without change. The subject property is located in the City's extraterritorial jurisdiction in Denton County I Future COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that approval of this Agreement will have no immediate material effect on City funds. Any effect on expenditures and revenues will be budgeted in future fiscal years. TO Fund Department Account Project ID ID FROM Fund Department Account Project ID ID Submitted for City Manager's Office by_;_ Originating DeRartment Head: Additional Information Contact: Program Activity Budget Year Program Activity Budget Year Dana Burghdoff (8018) D.J. Harrell (8032) Reference# Chartfield 2 Reference# Chartfield 2 Richard McCracken (7611 ) apps .cfwnet.org/counc il_packet/mc _review.asp? I 0=3087 4&counc ildate=4/11 /2 023 Amount Amount 1/2 4/12/23, 2:20 PM M&C Review ATTACHMENTS Form 1295 Certificate Alliance West LP.PDF (CFW Internal) Form 1295 Denton County Land & Cattle , LP.PDF (CFW Internal) apps .cfwnet.org/council_packeUmc _review.asp? I 0=3087 4&councildate=4/11 /2023 2/2