HomeMy WebLinkAboutRes 2011-01-17 Amending Development Agreement with Michael & Cynthia Foster RECORDEDCITY OF ANNA, TEXAS
RESOLUTION NO. 2011-01-17
A RESOLUTION APPROVING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF ANNA AND MICHAEL AND CYNTHIA
FOSTER, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON
BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Michael and Cynthia Foster (the
"Owner") entered into a Chapter 43 Texas Local Government Code Development
Agreement (the "Agreement") effective December 8,2010; and
WHEREAS, the City and the Owner desire to amend said Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Amendment
The City Council hereby approves the Amendment, attached hereto as EXHIBIT 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 25th
day of January 2011.
ATTEST:
Res. 2011-01-17 Amended Developer Agreement-Foster Page 1 01-25-11
EXHIBIT 1
STATE OF TEXAS )
)
COUNTY OF COLLIN )
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT AMENDMENT
This Chapter 43 Texas Local Government Code Development Agreement Amendment
(this "Amendment"), amends a certain Chapter 43 Texas Local Government Code
Development Agreement (the "Agreement") entered into between the signatories to this
Amendment effective as of December 8, 2010, and this Amendment is made and agreed
to by the City of Anna, Texas (the "C1) and Mic~and Cynthia Foster (collectively,
the "Owner") and is effective as of the day of r ~"Hf1.1 '2011.
The City and the Owner hereby agree that Section 5 ofthe Agreement is hereby amended
and that Section 15 is hereby added as follows:
Section 5. This Agreement is effective as of the date that both the City and the Owner
have duly approved, executed and delivered this Agreement. The initial term of this
Agreement (the "Initial Term") is it eight (8) years from the effective date. that tlie City
Manager's sigeataFe to this AgFeemeBt is aelalw.vledgea by Ii pBblie BeWy. Upon
expiration of the Initial Term, this Agreement shall automatically renew for one (1)
additional extension term of five (5) years each unless-at least 120 days prior to the
expiration of the Initial Term or any extension term-the City or Owner provides written
notice as set forth in Section 15 of this Agreement that either party intends to terminate
the Agreement upon expiration ofthe Initial Term or any extension thereof, as applicable.
The "Full Term" of this Agreement is defmed as the period beginning on the effective
date and ending on the date that this Agreement terminates. The Owner, and all of the
Owner's heirs, successors and assigns shall be deemed to have filed a petition for
voluntary annexation before the end of the Term, for annexation of the Property to be
completed on or after the end of the Term. Prior to the end of the Term, the City may
commence the voluntary annexation of the Property. In connection with annexation
pursuant to this section, the Owners hereby waive any vested rights they may have under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would
otherwise exist by virtue of any application, plan, plat or construction any of the owners
may submit or initiate during the time between the expiration of this Agreement and the
institution of annexation proceedings by the City.
Section 15. All Notices and other communications hereunder shall be in writing and
shall be deemed to be given when delivered in fully legible form by postage prepaid
certified mail, return receipt requested. Notices shall be addressed to City or Owner and
their respective legal representatives at the addresses set forth below:
!fto City:
City Manager
City of Anna
P.O. Box 776
111 N. Powell Parkway
Anna, Texas 75409
With Mandatory Copy to:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway. Suite 205
Frisco. TX 75034
!fto Owner:
'Owners Name
(Jl3 r-CIZ {;'IJ
Qwm's Address
I}/V),'J-. 7 X
The City and the Owner acknowledge and agree that: (1) this Amendment does not alter
the effective date of the Agreement; (2) the above-stated modifications to Section 5 and
the addition of Section 15 are the sole modifications to the Agreement made under this
Amendment; (3) this Amendment shall not become effective unless and until the Owner
fully executes this Amendment and delivers same to the City, said full execution and
delivery are required to occur before the expiration of 10 business days after the Council
adopts this Amendment in a duly noticed meeting; (4) the failure of the Owner to fully
execute and deliver this Amendment as stated within said time period shall render this
Amendment null and void and of no effect; and (5) there are no other written or oral
representations or understandings that modify the Agreement.
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the~daY of t:h flrf.<'f 2011, by Philip
Sanders, City Manager, City of Anna, Texas.
~~.~.~\. Nathe J Wilkison .fi \* My commisllion EXplnlll
~Of~' 1111312013
/~~..
~~1 i1 k ;:;; IPrinted Name: LIC Jj e ( :i2 'j ("r
THE STATE OF TEXAS }
COUNTY OF C....~bI\}
of fe-bru.n(i t, 2011, byC owled ed before me on the ~day
-'\-'-'-"'................."'"""'_-'-"""".......""""'__, Owner 1.
~"..",~..,t~&(!~,yet.,,~t. CHARLOTTE EUGENIA RUFFLEI"',' '~'i Notary Public, State of Texas ~~ ..~j My Commission Expires.,&t;,!j:.? February 26.2012
THE STATE ~~TEXAS }
COUNTY OF :x:Ya.~
('\'~[)IDent wat£>:sf.~before me on the ~day ~~ \4. ,Owner 2.
EXHIBIT "A"
BeiDB aitualed in CoIIiJI CouaIy, T-. in the John RmoIaDd Surwy, __DO. 184 aad !Jc:ias _lora 41.39 __bcirJa 1Dct IV or a -.ty daed &om Brodie HeuIJsdr 10
W~AdamI, QaoI Lawreace. aad ~RobettIIoo II -*I in volume 1291,
pqe 727, or the o-lRalonk or Collm CouDty, T-. aad beina mon: parIiculady
described by _.mil bouIId& as fbIlowI:
BEGINNING .. a point dat ....Soulb 89 ~37 IDiIMa 23 ...WIIIsI 20 feet
&om a 314i11dl.1OII fbaIld illille CC!IIIefofalllldlHoulh -,.....1S11 being the
~__of_41.39 _IDICI;
THENCE IIOl1b 00 ~06 ___ wItlI a line l*IIIIellO lite center or saic\
-,.....lSI I, a ___orG7.07 feet a -poiIIt lOr CCIIIIIr,
THENCE IOUIh 89 de..-371l11iat.1tw 23 ..._ • diIIiIace of 1,000 feet a point
far CCIIIIIr,
THENCE IOUIh 00 ....06 ....... 00 --.Wat a
___ or 436." feel to a
poinl farC<ll'lJer,
TIIaIce IIOl1b 89 __37 __23 __.......... willi .. old r-.mil
IIeII&o lOW a dioImct: of 1,000 rca to the ~or~.... conIIIiDia& 10 acres of
laDd _ """IIIIY..-ofille JIRIPCdY II1II iII.-orC-1y .RAlMIor lcss, _ .nl.
FOSTER LEGAL
INAREA"O"
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