HomeMy WebLinkAboutRes 2021-09-997 Development Agreement with Anna Town Center Mixed Use, LLC (SE Corner of Finley Boulevard & Florence Way)CITY OF ANNA, TEXAS
RESOLUTION NO. 0 - � 1 wi
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH ANNA TOWN CENTER MIXED USE, LLC RELATING TO
DEVELOPMENT AND DESIGN REGULATIONS FOR MULTIPLE -FAMILY
RESIDENCE DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF FINLEY
BOULEVARD AND FLORENCE WAY.
WHEREAS, Anna Town Center Mixed Use, LLC is the Property Owners of real estate
generally located at the at the southwest corner of Finley Boulevard and Florence Way;
and
WHEREAS, Property Owners desire to rezone the subject property to allow residential
uses; and
WHEREAS, Property Owners have agreed to development and design regulations should
the City approve rezoning the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval
The City Council hereby approves the Development Agreement with Anna Town Center
Mixed Use, LLC., attached hereto as Exhibit A, and ratifies and approves the City
Manager's execution of the same. The City Manager is hereby authorized to execute all
documents and take all other actions necessary to finalize, act under and enforce the
Agreement.
PASSED by the City Council of the City of Anna, Texas, on this 28th day of September
2021.
ATTESTED:
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As
ate Kke, Mayor
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DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of September
281 2021 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule
municipality ("City") and Anna Town Center Mixed Use, LLC ("Property Owner") as follows:
RECITALS
WHEREAS, the Property Owner is the sole owner of 13.4± acres of real property described in
Exhibit 1 and depicted on Exhibit 2, (the "Property"); and,
WHEREAS, Property Owner has applied to rezone the Property to allow for Planned
Development -Multiple -Family - High Density (PD-MF-2) to allow for multiple -family residences
with modified development standards; and.
WHEREAS, the City's Planning &Zoning Commission and City Council have given the
requisite notices by publication and otherwise and have scheduled public hearings with respect
to the rezoning of the Property as required by law; and,
WHEREAS, in the case of the Property being rezoned, the City and Property Owner desire to
enter into a development agreement to establish development and design regulations to ensure
that future development is appropriate for the area and fits in well with adjacent properties; and,
WHEREAS, it is the Parties' mutual intent that this agreement shall govern only the subject
matter specifically set forth herein and shall supersede City Regulations only to the extent that
any such City Regulations directly conflict with the terms of this development agreement; and,
NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as
reflected in the covenants, duties and obligations contained herein, the sufficiency of which is
hereby acknowledged, the Parties hereto agree as follows, effective as of the Effective Date:
SECTION 1. RECITALS INCORPORATED.
The recitals set forth above are incorporated herein as if set forth in full to further describe the
Parties' intent under this development agreement and said recitals constitute representations by
Property Owner, Developer, and the City.
SECTION 2, DEVELOPMENT STANDARDS /BUILDING MATERIALS.
Development and use of the Property, including, without limitation, the construction, installation,
maintenance, repair, and replacement of all buildings and all other improvements and facilities
of any kind whatsoever on and within the Property, shall be in compliance with City Regulations
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unless expressly stated to the contrary in this Agreement. City Regulations shall apply to the
development and use of the Property unless expressly set forth to the contrary in this Agreement.
It is expressly understood and the Parties agree that City Regulations applicable to the Property
and its use and development include but are not limited to City Code provisions, ordinances,
design standards, uniform codes, zoning regulations not affected by this Agreement, and other
policies duly adopted by the City including without limitation any such regulations or
requirements that were affected by the passage of Texas H.B. 2439, 86(R), codified as Chapter
3000 of the Texas Government Code ("Materials and Methods Regulations"), which are
collectively incorporated herein as if set forth in full for all purposes; provided, however, to the
extent of any conflict between the requirements of Materials and Methods Regulations and the
requirements of this Agreement, this Agreement shall control. For purposes of this Agreement,
'City Regulations" mean the City's applicable development regulations in effect on the Effective
Date, including without limitation City Code provisions, ordinances (including, without limitation,
all development fees), design standards, and other policies duly adopted by the City; provided,
however, that as it relates to public infrastructure for any given phase of the Project, the
applicable construction standards (including, without limitation, uniform building codes) shall be
those that the City has duly adopted at the time of the filing of an application for a preliminary
plat for that phase unless construction has not commenced within two years of approval of such
preliminary plat in which case the construction standards shall be those that the City has duly
adopted at the time that construction commences.
With respect to all structures/development within the PD-MF-2 Zoning District, Property Owner
agrees to comply or to cause the builders to comply and any other successors or assigns to
comply with all City Regulations and with the masonry material requirements and all other
requirements of the Anna City Code of Ordinances, Article 9.04 Zoning Ordinance, Section
9.04.034 Supplementary District Regulations, Subsection (e) Architectural Design Standards,
which are incorporated herein as if set forth in full for all purposes, and with the following
standards (in the event of any conflict, the following listed standards shall govern).
Multiple -Family Residence Buildings
A. All multi -family buildings and structures shall have at least seventy-five percent (75%), for the
first three stories of the total exterior walls above grade level, excluding doors and windows,
and recessed balcony areas (should be allowed as plane break), constructed of masonry (brick,
stone, pre -cast stone, and other similar veneer material) or Stucco materials with no more than
(25%) consisting of cementitious siding (Hardie products).
B. Roofing materials of for buildings and structures must be architectural roof shingles, said
shingles shall be accompanied with a minimum 25-year warranty. Under no circumstances
shall three -tab shingles be used as roofing material.
C. Accessory buildings shall use similar building and roofing materials as those used on the
primary buildings.
D. A covered entry area shall be designed at the main entry to each building.
E. A minimum of 759/6 of all units must have one of the following design features: a true balcony,
sLOOP, or patio to create outdoor living space.
F. Four architectural design features are required on facades facing public streets, parking and
common areas. Acceptable architectural design features may include but are not limited to:
1) Articulation of building fapade,
2) Extensions to the building through bay or box windows, and other similar features
projecting out from the facade,
3) A horizontal change in building materials between stories of a building,
4) Variation in building materials between vertical intervals,
5) Variations in window placement,
6) Architectural features such as shutters, awnings, dormers, chimneys, decorative
moldings or ornamental details, and
7) Roof height, pitch, ridgelines and materials shall be varied to create visual interest and
avoid repetition.
SECTION 3. NOTICES.
Any and all notices required to be given by either of the parties hereto must be in writing and
will be deemed delivered upon personal service, if hand -delivered, or when mailed in the
United States mail, certified, return receipt requested, addressed as follows:
To City:
To Property Owner:
SECTION 4. MODIFICATIONS OR TERMINATION.
City Manager
City of Anna
111 North Powell Parkway
PO Box 776
Anna, Texas 75409
Attn: City Manager
Anna Town Center Mixed Use, LLC
8214 Westchester Dr., Suite 710
Dallas, TX 75225
Attn: John Arnold
This Agreement may only be modified and/or terminated as follows: (a) by mutual written
agreement of Property Owner and City; and/or (b) unilaterally by City upon default of the
Property Owner. Notwithstanding the foregoing or any other provision of this Agreement, this
Agreement shall terminate and be null and void if the City does not approve the rezoning of
the Property to be zoned as Planned Development -Multiple -Family Residential - High Density
(PDWF-2), as set forth in Section 9.04 of the Anna City Code of Ordinances, ("Zoning
Ordinance"). The parties acknowledge and agree that the rezoning of the Property is a
legislative act and that this Agreement does not bind the City Council to approve any proposed
rezoning of the Property.
SECTION 5. DEFAULT.
If Property Owner, its heirs, successors or assigns or subsequent owners of the Property, fail to
fully comply with all the terms and conditions included in this Agreement (the "Defaulting
Owner"), City will have the following non-exclusive and cumulative remedies.
A. Withholding of utilities or withholding or revocation of permits and other approvals
required for development and use of the portion of the Property that is the subject of
the default (but no other portions of the Property) including without limitation building
permits and certificates of occupancy.
B. The Defaulting Owner, or its heirs, successors or assigns, or subsequent owners of
the Property (collectively, the "Defaulting Developer Parties") shall be liable to pay to
the City the sum of $2,000 for each failure to fully comply with the development
standards set forth in Section 3 of this Agreement. The Defaulting Developer Parties
shall be liable to pay the City said $2,000 sum per day for each day that such failure
to comply occurs. The sums of money to be paid for such failure(s) is not to be
considered as a penalty, but shall be deemed, taken and treated as reasonable
liquidated damages that accrue per day that such a failure shall exist or occur. The
said amounts are fixed and agreed upon by the parties because of the impracticability
and extreme difficulty of fixing and ascertaining the actual damages the City in such
event would sustain; and said amounts are agreed to be the amounts of damages
which the City would sustain. Notwithstanding the foregoing, none of the Defaulting
Developer Parties shall be liable to pay the liquidated damages that accrue under this
paragraph unless there is a breach of any material term or condition of this Agreement
and such breach remains uncured after forty-five (45) calendar days following receipt
of written notice from the City provided in accordance with this Agreement describing
said breach in reasonable detail (or, if the cure of the breach has diligently and
continuously been undertaken but reasonably requires more than forty-five (45)
calendar days to cure, then such additional amount of time as is reasonably necessary
to effect the cure, as determined by both Parties mutually and in good faith but in no
event shall such additional period exceed 120 days unless agreed to in writing by the
parties to this Agreement). In the event of a breach that is not timely cured in
accordance with this paragraph, the sum of liquidated damages shall be calculated to
include each and every day of the occurrence of the breach beginning on the date that
the City first provided written notice of such breach under this paragraph and the City
shall not be required to provide any subsequent written notices as to subsequent dates
or times during which such breach is repeated or continues to occur.
C. The non -defaulting party will additionally have any and all remedies available to it at
equity or in law.
Notwithstanding the foregoing, Defaulting Owner shall not be liable for the remedies
under this Section 5 unless there is a breach of any material term or condition of this
Agreement and such breach remains uncured after forty-five (45) calendar days
following receipt of written notice from the City provided in accordance with this
Agreement describing said breach in reasonable detail (or, if the cure of the breach
has diligently and continuously been undertaken but reasonably requires more than
forty-five (45) calendar days to cure, then such additional amount of time as is
reasonably necessary to effect the cure, as determined by both Parties mutually and
in good faith but in no event shall such additional period exceed 120 days unless
agreed to in writing by the parties to this Agreement).
SECTION 6. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND.
This Agreement will be binding upon and inure to the benefit of the parties' respective
successors, assigns and personal representatives. This Agreement will run with the land and
be binding on all subsequent Property Owners and Developers.
SECTION 7. INDEMNIFICATION AND HOLD HARMLESS.
THE PROPERTY OWNER, INCLUDING ITS SUCCESSORS AND ASSIGNS (THE
"INDEMNIFYING PARTY"), HEREBY COVENANTS AND AGREES TO RELEASE DEFEND
HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICIALS OFFICERS
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD -PARTY
CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS AGAINST THE CITY
WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES CONSULTANT
FEES, AND OTHER COSTS (TOGETHER, "CLAIMS") ARISING OUT OF THE
NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTY
INCLUDING THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF ITS
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS MATERIAL MEN AND AGENTS
IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC
INFRASTRUCTURE STRUCTURES OR OTHER FACILITIES OR IMPROVEMENTS THAT
ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY
REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY
OTHER GOVERNING REGULATIONS: AND IT IS EXPRESSLY UNDERSTOOD THAT
SUCH CLAIMS SHALL EXCEPT AS MODIFIED BELOW INCLUDE CLAIMS EVEN IF
CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS
OF THIS SECTION, THE INDEMNIFYING PARTY SHALL NOT HOWEVER BE REQUIRED
TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE
NEGLIGENCE, IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE
CONCURRENT NEGLIGENCE OF THE INDEMNIFYING PARTY AND THE CITY THE
INDEMNIFYING PARTY'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION
OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING PARTY'S OWN
PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING PARTY FURTHER
COVENANTS AND AGREES TO RELEASE DEFEND HOLD HARMLESS AND
INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN
OWNERSHIP INTEREST IN THE PROPERTY AS OF THE DATE HEREOF WHO HAS NOT
SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN
CONNECTION WITH: (1) THE CITY'S RELIANCE UPON ANY OF THE INDEMNIFYING
PARTIES' REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR
OWNERSHIP OF THE PROPERTY: OR (3) THE CITY'S APPROVAL OF ANY TYPE OF
DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY.
At no time shall the City have any control over or charge of the design, construction or
installation of any of the improvements to the Property or related work or undertakings, nor
the means, methods, techniques, sequences or procedures utilized for the design,
construction or installation related to same. This Agreement does not create a joint enterprise
or venture between the City and any of the Indemnified Parties, This Section 7 will survive the
termination of this Agreement.
SECTION 8. RECORDATION.
Property Owner at its sole cost will record this document, including all the Exhibits, in
conjunction with the formal adoption by the City Council, and immediately provide a recorded
copy to the City.
SECTION 9. ENTIRE AGREEMENT.
This Agreement is the entire agreement of the parties regarding the subject matter
hereto.
SECTION 10. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
SECTION 11. AUTHORITY.
Property Owner represents and warrants to the City that the Property Owner owns the Property
that this Agreement is binding and enforceable on the Property.
SECTION 12. INVALID PROVISIONS.
If any provision of this Agreement is held not valid, such provision will be deemed to be excised
there from and the invalidity thereof will not affect any of the other provisions contained herein.
SECTION 13. ESTOPPEL.
On or before 15 days after receipt of a written request from an owner of the Property that
desires to transfer its interest in the Property or borrow money secured by a mortgage or deed
of trust against the Property or a prospective transferee of an owner's interest or an existing
or prospective mortgagee, the City will execute and deliver an estoppel certificate stating if, to
the actual knowledge of the City executing the certificate, (i) the transferring or borrowing
owner is in default under this Agreement after notice from the City executing the certificate
and expiration of any applicable grace period; and (ii) this Agreement is in full force and effect
and whether there are any amendments thereto
SECTION 14. EFFECTIVE DATE.
This Agreement will be effective upon the Effective Date first stated herein.
CITY OF.ANNA
By:
JirY Proce, City `Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the day of , 20211
appeared Jim Proce, known to me (or proved to me) to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same in his capacity
as City Manager of the City of Anna, Texas.
;,'P•,;",�,, CABBIE L. LAND
My Notary ID # 11419404
Notary Public, State of Texas '.;F;oFitf ExpiresFebnkW4,2023
ANNA TOYik MIXED USE, LLC, a Texas limited liability corporation,
By:
Jglin Arnold, Authorized Signer
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the / day of 9A 2021, appeared
John Arnold, known to me (or proved to me) to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me and verified under oath that he/she executed the
same in his/her capacity as an Authorized Signer for Anna Town Center Mixed Use, LLC.
Notary Public, State of Texas
8� Page
,s�pY pie MADELINE DUNKLIN
z°O®n Notary ID N132454324
N�, Y My Commission Expires
'reoFt�F April 28, 2024
Exhibit 1 - Page 1 of 2
ANNA TOWN CENTER REZONING
METES AND BOUNDS DESCRIPTION
GRANDERSON STARK SURVEY,
ABSTRACT NUMBER 798
CITY OF ANNA, COLLIN COUNTY, TEXAS
BEING a 13.3722 acre tract of land located in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County,
Texas, said 13,3722 acre tract a portion of the remainder of a called 80.00 tract of land conveyed to ANNA TOWN CENTER MIXED
USE LLC, by deed thereof filed for record in Instrument Number 20150317000291340, Official Public Records, Collin County, Texas
(O.P.R.C.C.T.), said 13.3722 acre tract being more particularly described by the metes and bounds as follows:
BEGINNING at a mag nail found on the north property line of the said 80.00 acre tract, said mag nail found being at the
intersection of the south lot line of Lot 1, Block 1, Anna Crossing Addition Phase 11, being an Addition to the City of Anna, Collin
County, Texas, according to the plat thereof filed for record in Instrument Number 2018-718, Plat Records, Collin County, Texas,
with the west right-of-way line of Florence Way (being an 80 feet wide public right-of-way at this point, as shown on and dedicated
by plat of Anna Crossing Phase 7, being an Addition to the City of Anna, Collin County, Texas, according to the plat thereof filed for
record in Instrument Number 20180907010004210, O.P.R.C.C.T), said beginning point having a NAD83 Texas North Central Zone
(4202) grid coordinate of N: 7,173,011.23 and E: 2,564,438.53, said beginning point also being at the beginning of a curve to the
left having a radius of 540.00 feet;
THENCE departing the said lot line, along the said right-of-way line and along the said curve to the left, an arc length of 294.92 feet
and across a chord which bears South 24°51'20" East, a chord length of 291.26 feet to a 5/8 inch iron rod with a cap stamped
"RPLS 4838" found;
THENCE continuing along the said right-of-way line the following courses and distances:
South 40030104" East, 96.13 feet;
South 04°29156" West, 14.14 feet to a 5/8 inch iron rod with a cap stamped "RPLS 4838" found at the intersection of the said
west right-of-way line of Florence Way with the northerly right-of-way line of Finley Boulevard (being an 80 feet wide public
right-of-way at this point, as shown on and dedicated by the said plat of Anna Crossing Phase 7);
THENCE along the said northerly right-of-way line of Finley the following courses and distances:
South 49°29'56" West, 97.96 feet to the beginning of a curve to the left having a radius of 1,040.00 feet;
Along the said curve to the left, an arc length of 331.46 feet and across a chord which bears South 40022'07" West, a chord
length of 330.06 feet;
South 31018'10" West, 81.45 feet;
THENCE North 71°14'35" West, departing the said northerly right-of-way line and over and across the said 80.00 acre tract, 861.30
feet to the an easterly property line of a tract of land conveyed to Dallas Area Rapid Transit, by deed thereof filed for record in
Volume 5443, Page 5532, O.P.R.C.C.T;
THENCE North 18045'25" East, along the said easterly property line, 480.72 feet to the said north property line of the 80 acre tract;
Anna Town Center Rezoning Description �. Anna Town Center � Page 1 of 2
Spooner &Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 - PH. 817-685-8448 - espooner@spoonersurveyors.com - S&A 21061.1
F i 1 ed acid Recorded
Official Public Records
Stacey Kemp, County Clerk
Collin County, TEXAS
10/04/2021 03:40:18 PM
$66.00 DFOSTER
20211004002027610 /
CITY RECORDS TRANSMITTAL
Print or type
To:City Secretary's Office
Date: September 28, 2021 From: Ross Altobelli
Document Title: Development Agreement
Project Name (If applicable): The Grand at Anna Town Square
What action is required?
❑ Approval
8 Signature
Department: Development Services
❑ Preservation
❑ Other
Notes: DA associated with Buildinq Materials - multifamily residence
Is this document part of an
❑ Ordinance # 8 Resolution # aDI- DQ� qq�
❑ Contract/Agreement Date: ek 1D%JQC 1
Notes: September 28, 2021 Citv Council Aaenda
Is this document an Original Y or Copy ?
Did your department retain a scan Y , paper copy or both ?
Notes:
Any additional information that may be useful to the City Secretary regarding this
document: Document required to be recorded at the County. ✓
Refer to Records Retention Schedules at httos://www.tsl.texas.gov/slrm/recordspubs/localretention.html
Record Series #:
For Records Management Only
Preservation Information
Retention Period:
Scanned File Name Res A0a1-Cg - qq n Location LF 1R4 v
Retained - Cabinet Drawer # Location
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