HomeMy WebLinkAboutRes 2011-01-18 Amending Development Agreement with Chapel Hill Investments LTD RECORDEDCITY OF ANNA, TEXAS
RESOLUTION NO. 2011-01-18
A RESOLUTION APPROVING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF ANNA AND CHAPEL HILL INVESTMENTS
LTD, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF
OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Chapel Hill Investments LTD (the
"Owner") entered into a Chapter 43 Texas Local Government Code Development
Agreement (the "Agreemenf) 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 behatf 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. 2011-01-18 Amended Developer AgnMmlent-Chapel Hill Investments 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 "Cityl and C~Hill Investments LTD collectively,
the "Owner") and is effective as of the • day of 7-4!.ito.l!4, ,2011.
The City and the Owner hereby agree that Section 5 of the 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 aQProved, executed and delivered this Agreement. The initial term of this
Agreement (the "Initial Term") is it eight (8) years from the effective date. tl3et tlie City
Maaager's sigRah:lr-e te this P.cgt'E!emeflt is aelme'Nle6geQ ey a fla9lis Detat)'. 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--tbe 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 of the Initial Term or any extension thereof, as applicable.
The "Full Term" of this Agreement is defined 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 reguested. Notices shall be addressed to City or Owner and
their respective legal rq>resentatives 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
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 th~/ ~of oJ""'l'lf72j. 2011, by Philip
Sanders, City Manager, City of Anna, Texas.
If~"'~'~ Nath. J Wilkisonl\) .1'; My Commission Expire,~(jf'~ 1111312013
~ -.~ R ~~~~\ ICHARDS. HENDERSON
..~ '*; ~=-ofT8XII ~~ ...~~I EIIpUaa ~...9:..~ MAY 30, 2012THE STATE OF TEXAS}
COUNTYOF~}
This instrument was acknowled ed before me on th~y of
-f::J'£lrA;4ldtt::J.~&~~~,Owner 1 .
.....
2011, by
~t2.~
Owner 2 C 1//} 1") /'\ A rl' Y
Printed NametZfvl\ k:;. A, ~4/;5.t-v~
THE STATE OF TEXAS}
COUNTY OF IJRU,fj }
.3 SF
This instrument was acknowle1!ed before me on the I day of JlhVf!hl!(, 2011, by
G"l!ttIYE St:.Ift!M,ye; ,Owner 2.
~~-.
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