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HomeMy WebLinkAboutContract 27354 CITY SECRETARY CONTRACT NO. 01-03-02 1`04 : 4�-> IN DEVELOPER'S AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SENDERA RANCH,LTD. FOR SENDERA RANCH This Developer's Agreement ford endera Ranch (the "Agreement") is made as of the lam' day of `� _, 2W-,Vy Wie City of Fort Worth, Texas ("City") and Sendera Ranch, Ltd., a Texas lirmite rtnership ("Developer"). WHEREAS, Developer owns certain parcels of land situated in Wise,Denton and Tarrant Counties, Texas, and consisting of approximately 1,894 acres of land, such property being more particularly described in Exhibit"A" attached and incorporated by reference (the "Property"); WHEREAS, Developer also owns that certain 2.6012-acre parcel situated in Wise CoLmty, Texas, described in Exhibit "B" attached and incorporated by reference (the "Access Parcel"); WHEREAS, the Property and the Access Parcel include all territory contained in the Denton County Fresh Water Supply District 2A ("Utility District") duly created pursuant to Texas Water Code, Chapter 53; WHEREAS, Developer desires to annex the Property and the Access Parcel into the City of Fort Worth and to develop the Property into a residential neighborhood community comprised of residences, retail centers and supporting commercial activities, schools, parks and other amenities for the use,benefit and welfare of the fixture residents of such comm-unity; WHEREAS, Developer has filed a petition requesting that City annex the Property, together with approximately 195 additional acres owned by Blakely Partners, Ltd. connecting the Property with City, identified as Annexation.Case No. AAX-01-1001 (the"Amiexation Case"); WHEREAS, Developer has filed Zoning Case ZC-01-1016 (the "Zonnng Case") requesting that City zone the Property "A-43", "A-10", "A-7.5" and "A-5" One-Family, "C" Medium Density Multifamily, "CF" Community Facilities and"E"Neighborhood Conmmercial; WHEREAS, Developer has filed a petition requesting that City an lex the Access Parcel, identified as Annexation Case No. AAX-01-1005 ("Annexation Case No. 2") and allow the Access Parcel to be zoned"AG"Agricultural; WHEREAS, it is in the best interests of City, the future residents of the community to be developed on the Property and the general public that the Property be served by water and wastewater facilities provided by City rather than the Utility District; and . WHEREAS, Developer and City desire that the Property be served by water and wastewater facilities of the City; o �f���COQd �?�CC�D CIS � CG?� V3� RD WCU) IR 7R. WHEREAS, this Agreement was approved on December 11, 2001, by the Fort Worth City Council (Mayor and Council Communication M & C C-18879); NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained herein, City and Developer agree as follows: 1. ANNEXATION AND ZONING. Developer has filed the Annexation Case, the Annexation Case No. 2 and the Zoning Case, all of which are scheduled to be considered by the City Council on December 11, 2001. A material condition of City's agreement to construct water and sanitary sewer facilities pursuant to Section 2 is annexation of the Property and the Access Parcel by the City and development of the Property with densities not exceeding an average of 3.5 residential units per acre (a maximum of 6,640 dwelling units on the Property), recreational amenities, and neighborhood commercial development. 2. WATER AND SANITARY SEWER FACILITIES (a) Temporary Onsite Facilities. Developer may install water wells and temporary wastewater collection/disposal facilities on the Property at Developer's sole expense in accordance with this paragraph, in order to facilitate development of the Property prior to the availability of City services. Temporary water and wastewater collection/disposal facilities may serve a maximum of 20 houses during the construction process and may be used for a maxim-um period of 90 days, commencing on the date of issuance of the first building permit for the first house to be constructed on the Property. Such wells and temporary wastewater collection/disposal facilities shall be designed and constructed as Developer deems appropriate, provided they comply with all requirements of state, local and federal laws and regulations. All structures constructed on the Property shall be connected to City sewer and water systems after Developer installs the water and sewer mains and taps and these systems are connected to the City's system. After the expiration of the 90-day period, all temporary wastewater collection/disposal facilities shall cease operation and shall be removed from the Property within 30 days. Upon connection of a structure to the City water system, the property owner may continue to use an on-site well for irrigation purposes only and shall disconnect the well from phunbing in accordance with City codes. (b) Permanent Onsite Facilities. Developer will install and construct all onsite water and wastewater mains/facilities necessary to serve the proposed development of the Property in accordance with City standards. Developer will submit a comprehensive water and wastewater master plan for the Property to the City's Water Department for each phase of the development as a condition of approval of the final plat. (c) Offsite Facilities. City agrees to design and construct, at City's expense, the offsite water and sanitary sewer mains to serve the water volume needs for the development of the Property. Such design and construction shall include the design and construction, at City's expense, of a lift station in the approximate southeast comer of the Property, force main, sanitary sewer main, sanitary sewer meter station, and 36-inch Northside III water main, all as more particularly described in Exhibit "C", entitled "Sendera Ranch Sanitary Sewer Layout", and 2 Exhibit "D", entitled "Sendera Ranch Water Infrastructure Layout", attached and incorporated herein. City will begin design of the facilities within 60 days after execution of this Agreement and will begin advertising bids for construction of the facilities within 60 days after completion of the design. Developer may construct at Developer's expense any water system infrastructure that is necessary to provide adequate water pressure to areas of the Property in the Northside IV Pressure Plane prior to the development of the City's water system within the Northside IV Pressure Plane. (d) Wastewater Fees. City hereby waives payment of sewer per-acre charges for development of the Property. In lieu thereof, City will collect a$250 fee for each wastewater tap in addition to the standard sewer tap. Developer will provide written notice of such $250 fee to all purchasers of any part of the Property at or prior to closing. 3. ABOLITION OF UTILITY DISTRICT (a) Representations and Warranties. Pursuant to the anmexation ordinances for the Property and the Access Parcel; the Utility District will be abolished in accordance with Section 43.075 of the Texas Local Government Code on December 11, 2001, at 11:59 p.m. In connection therewith, Developer makes the following representations and warranties: 1. The Property and the Access Parcel contain all territory located within the Utility District. 2. The Utility District has not issued bonds and has no outstanding debts, liabilities or obligations. 3. The Utility District has no authority to levy or collect taxes and has not levied or collected taxes. 4. The Utility District has not agreed in writing to pay any costs or expenses incurred by a landowner or developer in connection with the Utility District. (b) Reliance by City. Developer acknowledges that City has agreed to annex the Property and the Access Parcel and to execute this Agreement in reliance on the representations and warranties set out above. (c) Indemnification and Waiver. Developer hereby indemnifies City against any debt, liability or obligation relating to the Utility District that the City may be required by law to assuune in comzection with annexation of the Property and the Access Parcel and abolition of the Utility District. Developer waives all claims against City for reimbursement for expenses incuu7ed in connection with the Utility District. 4. DONATION OF LAND AND EASEMENTS FOR CITY FACILITIES (a) Donation of Land. Developer will donate to City, at no cost to City, parcels of land for fiiture public safety facilities, including fiiture;fire station facilities, police station facilities, water and wastewater facilities, storage tables, and such other requested land dedications out of the Property as may be mutually acceptable to City and Developer. Property shall be conveyed 3 by warranty deed, free and clear of all liens and encumbrances except those acceptable to City. Developer shall not be required to donate more than eight acres out of any single platted subdivision, with a rnaximtun required donation of 40 acres in connection with development of the Property. The donation of property pursuant to this paragraph is in addition to dedication requirements for parkland, streets, and other public facilities required by City subdivison regulations. (b) Donation of Easements. In addition to the conveyances under (a) above, Developer will obtain easements for the water and sanitary .sewer approach mains to the Property to be constructed by City, at no cost to City. 5. DEVELOPMENT SCHEDULE (a) Schedule for Wastewater Connections. Developer shall meet the following schedule for connections to the City's wastewater system in order to ensure a timely payback of City water and wastewater investment: 1. 400 connections by January 1, 2005; and 2. A total of 800 connections by January 1, 2007 (b) Noncompliance with Schedule. If Developer does not meet the schedule, Developer will convey to City by warranty deed, free and clear of all liens and encumbrances except those acceptable to City, two acres of undeveloped land included in the Property for each connection needed to meet the minimum munber of connections required by the schedule. If the Developer no longer has sufficient undeveloped Property available to satisfy this requirement, Developer shall pay to City$10,000 for each connection needed to meet the minimuurn ununber of connections required by the schedule. 6. AUTHORITY City and Developer represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement, specifically including without limitation dissolution of the Utility District. Developer acknowledges that approval of the Annexation Case, the Annexation Case No. 2 and the Zoning Case is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. 7. TRANSFER Developer may convey title to all or any portion of the Property, provided that all such purchasers shall be bound by all terms of this Agreement and Developer's obligations hereunder, save and except those terms and obligations in Section 5, "Development Schedule", which shall be released and terminated as to such portion of the Property conveyed. Developer warrants and .agrees that Developer will require purchasers of any portion of the Property to acknowledge 4 receipt of a copy of this Agreement and to execute an assumption of all of Developer's obligations hereunder as part of such conveyance. 8. UNENFORCEABILITY If any part, tern or provision of this Agreement is held by the courts to be illegal, invalid or otherwise unenforceable, such illegality, invalidity or unenforceability shall not affect the validity of any other part, tern or provision, and the rights of the parties will be construed as if the part, tern or provision was never part of the Agreement. 9. INTERPRETATION The parties to this Agreement covenant and agree that in any litigation relating to this Agreement, the terns and conditions of the Agreement will be interpreted according to the laws of the State of Texas. The parties aclazowledge that they are of equal bargaining power and that each of them was represented by legal counsel in the negotiation and drafting of this Agreement. 10. COVENANTS RUNNING WITH LAND Developer's obligations pursuant to this agreement shall run with the land and shall be binding on Developer, its successors and assigns, subject to the terns of Section 7. 11. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written agreements between said parties. Executed as of the day and year first above written. ATTEST CITY OF FORT WORTH, a Texas municipaEorporation Glor' Pearson Mike Groomer City Secretary Assistant City Massager J� — /�?R 7 / Contract Authorization Date ��r�U RM-60 5 CNN M6-31aay R 17U00-MR,M. APPROVED AS TO FORM AND DEVELOPER: LEGALITY '-1AA SENDERA RANCH, LTD. A sistan City Attorney By: Pars Investments, Inc., Sole General Partner By: Mehrdad Moayedi, President of Pars Invesments, Inc. THE STATE OF TEXAS COUNTY OF TARRANT 4 This instrument was acknowledged before me on this c26 day of December, 2001, by Meludad Moayedi, President of Pars Investments, Inc., a corporation, sole general partner of Sendera Ranch, Ltd., a Texas limited partnership, on behalf of said corporation and limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this (, day of 2001. ; p DIANE RADCLIFF z Notary Fublia,State of Texas Notary Public in and for the t e of My Commission Expires,�; l�iy�a;2004 My commission expires: �—/'+kfl'.Vre:eft'Mlfaaf 4era.nVV,.!afuaFe' THE STATE OF TEXAS COUNTY OF TARRANT This instrlunent was acknowledged before me on this day of Deoe rAm, 2001, by Mike Groomer, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 200x1!z Notary Public in and for the State of "TT< *; �' ,,� t!U:.r->• iSIJCSTATEOF iE%. My commission expires: U a H CGVMI-'310N EXPIRES' cow os�R aa,xcr�,,. 6 After recording, return to: Marcella Olson Department of Law City of Fort Worth 1000 Throclanorton Fort Worth, Texas 76102 7 PROPERTY DESCRIPTION Being a tract of land situated in the William Bramlet and H.R.Ryan Survey,Abstract Number 227,the M.E.P. &P.RR. Co. Survey,Abstract Number 1144, the T.G.Wright Survey,Abstract Number 1136 and the Matthew Ashton Survey,Abstract Number 8, all of Tarrant County,Texas,the Matthew Ashton Survey,Abstract Number 1,Wise County,Texas and the Matthew Ashton Survey,Abstract Number 1, Denton County,Texas, and being a portion of that certain 248 acre tract of land described by deed to Willow Springs Ranch,L.L.C. as recorded in Volume 13400,Page 359,Deed Records,Tarrant County, Texas,and a portion of that certain 1650 acre tract of land described by deed to Willow Springs Ranch, L.L.C.,as recorded in Volume 13309,Page 264,Deed Records,Tarrant County,Texas and being more particularly described by metes and bounds as follows: BEGINNING at the southeast property corner of said certain 248 acre tract of land described by deed to Willow Springs Ranch,L.L.C., as recorded in Volume 13400,Page 359,Deed Records,Tarrant County, Texas,said point being in the centerline of Avondale Haslet Road; THENCE S 89 057'47"W, 2395.97 feet along the centerline of Avondale Haslet Road to the southwest property corner of said 248 acre tract; THENCE N 00°19'00"E, 1804.45 feet along the west property line of said 248 acre tract; THENCE S 89°59'31"E, 708.00 feet continuing along said west property line; THENCE N 00°05'28"W, 1229.00 feet continuing along said west property line to the most southerly southeast property corner of that certain 1650 acre tract of land described by deed to Willow Springs Ranch,L.L.C. as recorded in Volume 13309,Page 264,Deed Records,Tarrant County,Texas; Thence the following bearings and distances along the south,west,north, and east property lines of said 1650 acre tract: THENCE N 89°52'55"W, 3348.05 feet to a point in the east right-of-way line of Willow Springs Road, said point being the southwest property corner of said 1650 acre tract; THENCE N 00 002'36"E,2639.60 feet; THENCE S 89°51'35"W,47.46 feet; THENCE N 32 034'00"E,481.40 feet; THENCE N 00 000'40"W, 5169.68 feet; THENCE N 89 057'05"W, 1356.46 feet; THENCE N 00 005'40"E, 1311.68 feet; THENCE N 89 058'20"W, 1687.46 feet; THENCE N 00 002'30"W, 1229.39 feet; THENCE S 85°44'00"W, 1335.88 feet; C&B Job No. 01052601 S#AW December 10, 2001 J:\JOB\01052601\SUR\WP\LEG\WILLOW2TRACTS.doc Page 1 of 2 Exhibit "A" THENCE N 00-06'35"W,2333.56 feet to the northwest property comer of said 1650 acre tract; THENCE N 89015'25"E,4344.38 feet; THENCE N 89005'30"E, 1051.47 feet; THENCE S 89-03'25"E, 3538.87 feet to the northeast property comer of said 1650 acre tract; THENCE S 00-08'15"W,4691.99 feet; THENCE S 00-05'30"W, 5671.24 feet to the southeast property comer of said 1650 acre tract of land, said point being in the north property line of said 248 acre tract of laid; THENCE S 89-56'09"E,297.23 feet to the northeast property comer of the aforementioned 248 acre tract of land described by deed to Willow Spring Ranch; THENCE S 00-09'41"W, 5682.00 feet along the east property line of said 248 acre tract to the POINT OF BEGINNING and containing 1894.158 acres of land more or less. NOTE: THIS DOCUMENT WAS PREPARED UNDER 22 TAC S663.2 1,AND DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY,AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS EST REAL PROPERTY,EXCEPT THOSE RIGHTS AND INTERESTS INPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. C&B Job No. 01052601 S#AW December 10, 2001 J:\JOB\01052601\SUR\WP\LEG\WILLOW2TRACTS.doc Page 2 of 2 Situated in Wise County, Texas, and being a tract of land in th e Charles Flejs:aer (Fleishner of FleisChner) Survey; Abstract No. 310, and the Matthew Ashton Survey, AhStraot.Wo. 1, and being that same 25 foot wide strip of land conveyed to William nlakely .az part of deed 'recorded in Volume 307, Page 320, of the Wise County. Real Records, and •said strip of land being more fully described as follows, -Beginning at a fence corner post in place for the Southwest corner of the principal tract conveyed in Said Blakely deed and the most Northerly Northwest corner of said 25 foot strip; Thence North 85 :d grees 44 minutes East with the common line be sa�,d 2S foot wean t,iP and said tract 35.78 feet to the, Noktheait--� ' c6=ex Of said 25 f oot strip, from which point a 3/4 xnah iron rod found in place bears. North, 42 degrees East, 0.38 foot; Thence South 41 degrees 42 minutes 30 seconds Went with a Southeasterly line of said 25 foot strip and the Northwesterly line of a remainder of that certain tract conveyed to Ruth Slay as the second tract in Partition Deed recorded in Volume 248, Page 51, of said Wise County Records, 51.79 feet to an angle Point in said 25 foot strip In the common line between said Slay Tract and that Certain tract conveyed, to_*. William H. Bennett by said Partition Deed from which point a leanizig I xnah iron rod found in place heats North 2:L -degrees East, 0 .6 foot; Thence South of degrees 59 minutes 40 seconds East with said common line between Slay and Bennett tracts for the most Easterly East line of said 25 foot strip along a fence line passing the Southeast corner of said Bennett Tract and an IILII corner in said Slay Tract, and conti4uing in all 1526, 86 feet to a 3/4 inch iron rod found in place for the Southeast corner of said 25 foot Strip; Thence South 89 degrees 52 minutes 10 seconds Weal with the South line of said 25 foot strip and parallel with the South line of said Bennett. Tract and the most Westerly North line of said Slay Tract, for the South line of said 25 foot strip., at 2907.6 feet passing a fence 'po-st in the East line of a County Road and continuing across said Road,- -in all 2.972.33 feet to a I inch iron rod found in lace for the Southwest corner of said 25 foot strip in the Easterly line of the Fort Worth and Denver (!;Urlington Northern) Railway R.0,W. (100 feet: wide at this Thence North 40 degrees 07 minutes 30 seconds West with said natterly' line of Railway R.o W. , 32.66 feet to a I inch iron rod found in place for the Most westerly Northwest corner of said 25 foot wide strip; Thence North aq degrees 52 minutes 10 seconds Bast, crossing eald County Road, at 62 .7 feet passing 2.4 feet North Of a I inch iron rod found in place in the .East line of said Road, continuing with said:'':. North.line of said- Slay Tract and South line of that certain -tract . conveyed to the Mar y'Jane Bennett Family Trust by -deed in Volume* 428 Page 30.7 . of said Wise County Records and the South 1•ine of said William Bennett Tract for the North line of s�Lid 25 foot, strip along a, fence ling, in all 2967, 51 feet: to an IVI corner in said 25 foot strap said point being 2 .5 feer. West of the Westerly end of the gate in said line aid fence. ..Thence North 01 degrees 59 minutes 40 seconds West with the mast Northerly West line of said 25 foot strip, parallel with said common .Westerly line of Slay Tract and the Easterly line Of William Bennetr, Tract, 1510.94 feet to an angle point in said West line of 25 foot strip; Thence 'North 41 degrees .39 minutes 50 seconds Bast, with a Northwesterly line O:E*.said 25 foot strip and a Southeasterly line of a . remainder of said William Bennett Tract, 36.20 feet to the PLAcE .op BEGIDWING and containing 2. 6012 acres (113,309 square feet) , more or less. 7g B Exhibit �m t.1 N o W o t0 m N AZ"..-'.::•: , ITS N m 0 =m co ._ A to a• °a .•war a ;� m m •� .� N 0 i ............. II.\ to a N •••. tq 1 _ ! 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P�r `�� �' .:,'''- ';'t,�}•�' — ''l�,•��y �..✓✓' " 's I . , II —ou N i,7 . City of Fort Worth, Texas 4vallor and Council communication DATE REFERENCE NUMBER LOG NAME PAGE 12/11/01 C-1$$7$ 60SENDERA 1 oft SUBJECT APPROVAL OF DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SENDERA RANCH, LTD. FOR SENDERA RANCH RECOMMENDATION: It is recommended that the City Council approve the attached Developer's Agreement with Sendera Ranch, Ltd. and authorize the City Manager or a designee to execute the agreement. DISCUSSION: Background Information Concerning Annexation and Zoninq Sendera Ranch, Ltd. (Sendera) owns approximately 1,897 acres located at the intersection of Wise, Denton and Tarrant Counties north of Avondale-Haslet Road and east of Willow Springs Road. Sendera and Blakely Partners, Ltd. have requested that the City of Fort Worth annex 2,089 acres, consisting of approximately 1,894 acres owned by Sendera and a 195-acre parcel owned by Blakely Partners, Ltd. which connects the Sendera Ranch development to the current Fort Worth city limits (M&C PZ-2337). Sendera has also submitted a petition requesting that the City of Fort Worth annex an additional 2.6012-acre parcel (M&C PZ-2340). Both annexations are scheduled for consideration on the City Council's December 11, 2001 agenda. The two areas proposed for annexation include all territory located in the Denton County Fresh Water Supply District 2A. Sendera has requested zoning of approximately 1,894 acres (ZC-01-1016) to "A-43", "A-10", "A- 7.5" and "A-5" One-Family, "C" Medium Density Multi-Family, "CF" Community Facilities, and "E" Neighborhood Commercial. Zoning Case ZC-01-1016 is also scheduled for consideration by the City Council on December 11, 2001. Sendera proposes that upon annexation, the 2.6012-acre parcel will be zoned "AG" Agricultural. The attached agreement provides certain conditions for development of the project. The principal terms of the agreement are as follows: ® Onsite Water and Wastewater Facilities Sendera will install and construct all permanent onsite water, wastewater mains and facilities necessary to serve the development, in accordance with City standards. Sendera may install water wells and temporary wastewater collection/disposal facilities to serve up to 20 houses during the construction process, which may be used for a maximum period of 90 days commencing upon issuance of a building permit for the first house to be constructed in the development. The City will waive the payment of sewer per-acre charges for the development. In lieu of the payment of per-acre charges, a $250 fee for each wastewater tap will be collected in addition to the standard sewer tap and impact fee. i II' City of Fort Worth, Texas avelylor 01011 coundl communicalflon DATE REFERENCE NUMBER LOG NAME PAGE 12/11/01 C-18878 60SENDEZ:j 2 of 2 SUBJECT APPROVAL OF DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SENDERA RANCH, LTD. FOR SENDERA RANCH • Offsite Water and Wastewater Facilities The City of Fort Worth will construct offsite water and sanitary sewer mains from an existing sewer main in the Trinity River Authority service area east of the development to the southeastern boundary of the development. In addition, the City will design and construct a lift station in the southeast corner of the development, force main, sanitary sewer main, sanitary sewer meter station and 36-inch Northside III water main. • Abolition of Denton County Fresh Water Supply District 2A The 1,894 acres and 2.6012 acres owned by Sendera comprise all territory located in the Denton County Fresh Water Supply District 2A. Upon adoption of ordinances annexing the 2,089 acres and the 2.6012 acres, the District will be abolished as of December 11, 2001 at 11:59 p.m. • Donation of Land for City Facilities Sendera will donate to the City, at no cost to the City, up to 40 acres of land for future public facilities. • Schedule for Development The agreement requires Sendera to complete and connect a certain number of homes to the City's water and wastewater systems by specified target dates. If such requirements are not met, Sendera will be required to donate land to the City. The purpose of the donation requirement is to provide an alternative cost recovery vehicle for the City as it relates to the installation of off-site water and wastewater improvements. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no immediate material effect on City funds. MG:n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 APPROVED Originating Department Head: CITY COUNCIL Dale'Fisseler 8207 (from) DEC 11 2001 Additional Information Contact: (Z cretary of the cityis s Marcella Olson 7631 City 0 Fort Worth,Texas