Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutRes 2023-04-1417 Development Agreement with Think Big Investments LLCCITY OF ANNA, TEXAS
RESOLUTION NO. 20 2 3 — O 4 —1141 }
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE WOODLAND
ESTATES DEVELOPMENT AGREEMENT WITH THINKK BIG INVESTMENTS, LLC.
RELATING TO DEVELOPMENT OF PROPERTY FOR A MULTIPLE -FAMILY
RESIDENCE PLANNED DEVELOPMENT
WHEREAS, approximately 16.109 acres of real property located in and/or near the
municipal boundaries of the City, in Collin County, Texas is intended to be developed as a multiple -
family residence planned development (the "Pro a "); and
WHEREAS, the City intends that the Property be developed in accordance with Woodland
Estates Development Agreement, attached hereto as Exhibit 1;
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 and Authority to Execute
The City Council hereby approves the Woodland Estates Development Agreement, attached hereto
as Exhibit 1, and authorizes the Mayor's or the Interim City Manager's execution of the same. The
Mayor or Interim City Manager are hereby authorized to execute all documents and take all other
actions necessary to finalize, act under, and enforce the Development Agreement.
PASSED by the City Council of the City of Anna, Texas, on this 111h day of April 2023.
ATTESTED:
4!�QJifetl, &e� �i9�I.Y
Carrie L. Land, City Secretary
EXHIBIT 1
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of April 11, 2023
("Effective Date") between and among the City of Anna, Texas. a Texas home -rule municipality (the
"City") and Thinkk Big Investments, LLC ("Owner") as follows:
RECITALS
WHEREAS. the City and the Owner are sometimes referenced herein collectively as the "Parties"
or individually as a "Party"; and
WHEREAS, the Owner owns a tract of real property being described in Exhibit A and depicted on
Exhibit B (the "Property"); and
WHEREAS, the Property is located within the extraterritorial jurisdiction of the City (the "ETJ")
and within the City's Certificate of Convenience and Necessity for the provision of retail water and sewer
service; and
WHEREAS, the Owner desires to develop the Property solely for multiple -family residential
development (the "Project") with modified development standards as set forth in this Agreement (the
"Development Standards"); and
WHEREAS, the Parties desire to enter into this Agreement under Section 212.172, Texas Local
Government Code, for the purposes stated therein and including, without limitation, to: (i) provide for the
terms of annexation of the Property into the City limits; (ii) provide for the dedication, construction, and
financing of infrastructure necessary to serve the Property and the Project and that benefit the City and the
public; (iii) authorize the enforcement of certain land use and development regulations by the City other than
those otherwise applicable within the City limits; (iv) specify the use and development of the Property before
and after annexation; and (v) establish those other lawful terms and considerations regarding the Property
and the Project deemed appropriate by the Parties; and
WHEREAS, the Parties desire that the Property be annexed into the City's corporate limits promptly
after the Effective Date and that the Owner commences development of the Property promptly after the
adoption of an ordinance by the City annexing the Property in accordance with this Agreement, and the
approval of all required plans and permits for the Project; and
WHEREAS, the Parties agree that the City has provided to the landowner of the Property, whether
one or more, with: (1) a statement that the landowner is not required to enter into this Agreement; (2) a
reference to the authority under which the City may annex the Property including without limitation
Subchapter C-3, Chapter 43, Texas Local Government Code; (3) a plain -language description of the
annexation procedures applicable to the Property, (4) a statement that said procedures require the
landowner's consent; and (5) a statement regarding the municipality's limited waiver of immunity to suit;
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 Agreement;
DEVELOPNIENT AGREEMENT Page 1
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.
tine 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 fiirther describe the Parties' intent
under this Agreement.
SECTION 2. DEVELOPMENT STANDARDS / BUILDING MATERIALS.
A. 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 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 (but only to the extent not affected by this Agreement), and other
policies duly adopted by the City including without limitation any such regulations or requirements
that would otherwise be affected in any manner by Chapter 3000 of the Texas Government Code
(``Materials and Methods Regulations"), all of 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, 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.
B. With respect to all structures/development within the Property, Owner agrees to comply and to cause
all other persons or entities 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 ("Anna Code", 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). Notwithstanding the foregoing, a Subsequent Owner
must agree in writing to assume Owner's responsibilities set forth herein; provided, however, a
Subsequent Owner's failure to agree in writing does not alleviate a Subsequent Owner from being
fully bound by this Agreement and this Agreement shall for all purposes run with the land and be
binding on all Subsequent Owners. For purposes of this Agreement the terns "Subsequent Owner"
DEVt+ LOPMENT AGREEMENT Page 2
means any person or entity that acquires all or any part of the Property from Owner or Owner's
successor in title to the Property or any part thereof.
C. Owner agrees that the Property shall be developed in conformance with the concept plan attached as
Exhibit B. Owner further agrees that the mandatory Development Standards for the Property and
Project are as set forth in Exhibit C.
SECTION 3. ANNEXATION, LAND USE AND ZONING.
A. Annexation and Services.
(1) Annexation. Pursuant to Subchapter C-3, Chapter 43, Texas Local Government Code,
this Agreement, as of the Effective Date, shall constitute Owner's agreement to petition for the voluntary
annexation of the Property into the corporate limits of the City. Owner shall submit an annexation
petition/application to the City on the City's standard form (the "Annexation Petition") within sixty (60)
days after the Effective Date. Owner shall further execute and supply any and all instruments and/or other
documentation necessary for the City to legally annex the Property. The City shall, -in accordance with
applicable statutory requirements, take all steps necessary to complete the annexation of the Property within
ninety (90) days following the date that Owner submits the Annexation Petition. Should the City fail to
complete the annexation of the Property in accordance with this Agreement, Owner shall have the right to
terminate this Agreement with 30 calendar days' advance notice to the City; provided, however, that such
termination shall not occur if the City completes the annexation of the Property before the expiration of said
30 calendar days' advance notice provided by Owner.
(2) Services. Pursuant to Section 43.0672, Texas Local Government Code, this
Agreement shall further constitute an agreement for the provision of services to the Property to the extent
the City provides such services to other properties within the City's corporate limits having similar
topography, land use and density. Immediately upon the annexation of the Property, the Property shall be
entitled to receive all Municipal Services (i) on the same terms as other property within the City's corporate
limits; (ii) at the same rates as then provided within the City's corporate limits, and (iii) without
discrimination.
B. Development and Zoning.
(1) The Project is permitted to be developed on the Property in accordance with the terms
of this Agreement. The Project shall be located within the Property, shall comply with the Development
Standards set forth in Exhibit C, and shall be generally consistent with the Concept Plan attached hereto as
Exhibit B, including any amendments to the Concept Plan permitted by the City Council as set forth below.
The Concept Plan attached as Exhibit B, may be amended by Owner to do the following without requiring
City approval: Relocate buildings (including individual dwelling units) from the locations shown on Exhibit
B to other areas of the Property and/or reconfiguring the layout of buildings (including individual dwelling
units) as long as the overall density does not exceed 12 units per acre.
(2) The Parties do not anticipate that the Property will be zoned by the City unless such
zoning is in accordance with this Agreement, including without limitation the Permitted Land Use, and such
zoning does not include any more stringent development standards as those set forth herein without Owner's
written consent to any such development standards. The Permitted Land Use under this Agreement is M F-1
DEVELOPMENT AGREEMENT Page 3
Multiple -Family Residential - Medium Density as described in Anna Code, Article 9.04, as of the Effective
Date and as modified by this Agreement. Regardless of zoning regulations that may be adopted by the City
this Agreement shall control to the extent of any conflict unless the Owner consents in writing to any such
conflict.
SECTION 4. DEVELOPMENT DEADLINES.
A. Owner or any Subsequent Owner shall be obligated under this Agreement to timely meet the
following deadlines:
1. Within 210 days after City Council approval of the Zoning Change, Owner will have
submitted a preliminary plat and tree preservation plan for the Property.
2. Within 180 days after the City has approved the preliminary plat, Owner shall have
submitted a site plan, landscaping plan, lighting plan, final plat (showing easements, fire
lanes and utilities for the multiple -family residence development), and civil plans.
3. A preconstruction meeting between Owner and City staff shall occur within 120 days of
final approval of the civil plans.
4. Site construction pursuant to final approved civil plans must commence within 90 days
after the preconstruction meeting.
5. Owner must submit plans and specifications for the buildings and other- improvements not
part of the civil plans (the "Building Plans") no later than 270 days after civil plans are
approved by the City. After the last to occur of (a) approval of the Building Plans by the
City of Anna, (b) completion of all construction pursuant to civil plans, (c) acceptance of
all civil construction and public improvements by the City of Anna, and (d) recordation of
the multiple -family residence development final replat, Owner must submit an application
for a building permit. within 60 days thereafter (including without limitation the payment
of all fees due to the City as required to develop the Property).
6. Recordation in the Official Records of Collin County, Texas of the multiple -family
residence development final plat must occur within 180 days of commencement of site
construction.
7. Vertical construction pursuant to the Building Plans for approved structures must
commence within 180 days after the later to occur of the recordation of the multi -family
residence final plat and obtaining a building permit.
B. Not by way of limitation as to other material terms and conditions, the deadlines stated above are
material terms and conditions of this Agreement and any failure to meet any of the deadlines above
DEVELOPMENT AGREEMENT Page 4
(each, a "Deadline Default") is a material default under this Agreement. In addition to all other
remedies that the City may enforce under this Agreement or that is available to the City at law or
in equity in the event of a Deadline Default, the City may in its sole discretion initiate and pursue
a zoning case to change the zoning classification back to the Original Zoning Classification. In the
event that the City initiates such a zoning case after a Deadline Default, the Owner shall not oppose
the zoning case and shall be deemed to have fully and irrevocably released and waived any claim,
cause of action, litigation or other challenge or proceeding to such zoning case on any legal basis
or theory whatsoever.
SECTION 5. DEFAULT.
If Owner, its heirs, successors or assigns or any Subsequent Owner of the Property or any part thereof fails
to comply with any of the material terms and conditions included in this Agreement (such defaulting owner
referenced herein as "Defaulting Owner"), the 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 shall be liable to pay to the City the sum of $2,000 for each failure to
comply with the Development Standards set forth of this Agreement. The Defaulting Owner 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. In the event of a breach that is not timely cured as set forth below, 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, a Defaulting Owner shall not be liable for the remedies under this section
unless there is a breach of any material term or condition of this Agreement and such breach remains
uncured after ninety (90) calendar days following receipt of written notice from the City provided in
DEVELOPMENT AGREEMENT Page 5
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 runs with the land and is binding on all subsequent owners
of the Property or any portions thereof. This section shall be construed liberally to ensure the Parties"
intent that this Agreement shall be enforceable regardless of any change of ownership of or interest in the
Property. Notwithstanding anything to the contrary in this Section 6 or elsewhere in this Agreement, if
the Owner or a Subsequent Owner (the "Transferor") conveys, assigns, or transfers its entire interest in
the Property or a part thereof (the "transferred Property") to a Subsequent Owner (the "Transferee") who
assumes Transferor's obligations under this Agreement with respect to the transferred Property, the
Transferor shall be automatically released from its obligations under this Agreement relating to the
transferred Property subsequent to the date of transfer.
SECTION 7. INDEMNIFICATION AND HOLD HARMLESS.
THE OWNER OR ANY SUBSEQUENT OWNER O1; THE PROPERTY (THE "INDEMNIFYIN_G
PARTY" WHETHER ONE OR MORE), 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 WITHOUT LIMITATION 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 FACTLITTES 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 1S
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
DEVELOPMENT AGREEMENT Page 6
CITY'S SOLE NEGLIGENCE OR BY THE CITY'S WILLFUL MISCONDUCT OR GROSS
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 WELL 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 EFFECTIVE DATE 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, constriction 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 shall survive the termination of this Agreement.
SECTION S. RECORDATION.
This document, including all Exhibits, shall be recorded in the Official Records of Collin County, Texas.
SECTION 9. ENTIRE AGREEMENT.
This Agreement is the entire agreement of the parties regarding the subject matter hereto and
supersedes and replaces any prior agreements relating to the same subject matter.
SECTION 10. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
SECTION 11. AUTHORITY.
Owner represents and warrants to the City that the Owner owns the Property and that this Agreement is
binding and enforceable on the Property. Owner may sell the Property or a part thereof to a person or entity
(the "Closing') prior to commencement of site construction on the property sold, and in such event the
Subsequent Owner shall be required to acknowledge and assume all obligations, liabilities and
indemnifications under this Agreement.
SECTION 12. INVALID PROVISIONS.
DEVELOPMENT AGREEMENT Page 7
I f 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 45 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 that, to the best of the City's knowledge: (i )
the transferring or borrowing owner is not in default under this Agreement; and (ii) this Agreement is
in full force and effect and whether there are any amendments thereto.
SECTION 14. FORCE MAJEJRE.
Whenever a period of time is prescribed in this Agreement for a Party (the "Acting Party") to take an action
(other than a payment obligation), the Acting Party will not be liable or responsible for, and there will be
excluded from the computation of any such time period, the period of time (the "Force .Maicure Period") of
delays caused by strikes, riots, acts of God, pandemic, enemy action, shortages of labor or materials, war,
acts of terrorism, flood, fire, explosion, unavoidable casualty, or any other causes that are beyond the
reasonable control of the Acting Party or any of its employees, agents, or contractors, but not any economic
hardship, changes in market conditions, and insufficiency of funds ("Force Majeure'). However, a date will
only be extended by a Force Majeure Period if the Acting Party gives notice to the other Party of the
occurrence or commencement of the event that constitutes Force Majeure within ten days after the Acting
Party knows of the existence or commencement of such event, and claims (in such notice) that such event
constitutes Force Majeure. A Party that has claimed the right to temporarily suspend its performance under
this section shall provide written reports to the other Party at least once every week detailing: (i) the extent
to which the force majeure event or circumstance continue to prevent the Party's performance; (ii) all of the
measures being employed to regain the ability to perform; and (iii) the projected date upon which the Party
will be able to resume performance, which projected date the Parties agree and acknowledge is only an
estimate and not a binding commitment by the Party claiming force majeure.
SECTION 15. EFFECTIVE DATE.
This Agreement will be effective upon the Effective Date first stated herein.
SECTION 16. MISCELLANEOUS.
A. 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 snail, certified, return receipt requested, addressed as follows:
To City: City Manager
City of Anna
DEVELOPMENT AGREEMENT Page 8
120 W 7'h Street
Anna, Texas 75409
With a copy to:
Wolfe, Tidwell & McCoy, LLP
Attn: Clark McCoy
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
To Property Owner: Thinkk Big Investments, LLC
421 County Club Road
Fairview, TX 75069
Attn: Prithvirt i Loganathan
B. Interpretation. Each Party has been actively involved in negotiating this Agreement. Accordingly,
a rule of construction that any ambiguities are to be resolved against the drafting Party will not apply
to interpreting this Agreement. In the event of any dispute over the meaning or application of any
provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more
strongly for nor against any Party, regardless of which Party originally drafted the provision.
Headings in this Agreement are for the convenience of the Parties and are not intended to be used in
construing this document.
C. Time. In this Agreement, time is of the essence and compliance with the times for performance
herein is required.
D. Authority and Enforceability. The City represents and warrants that this Agreement has been
approved by official action by the City Council of the City in accordance with all applicable public
notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act)
and that the individual executing this Agreement on behalf of the City has been duly authorized to
do so. Owner represents and warrants that this Agreement has been approved by appropriate action
of Owner, and that each individual executing this Agreement on behalf of Owner has been duly
authorized to do so. Owners represents and warrants that this Agreement has been approved by
appropriate action of Owners, and that each individual executing this Agreement on behalf of Owners
has been duly authorized to do so. Each Party respectively acknowledges and agrees that this
Agreement is binding upon such Party and is enforceable against such Party, in accordance with its
terms and conditions.
E. Severability. This Agreement shall not be modified or amended except in waiting signed by the
Parties. If any provision of this Agreement is determined by a court of competent jurisdiction to be
unenforceable for any reason, then: (a) such unenforceable provision shall be deleted from this
Agreement; (b) the unenforceable provision shall, to the extent possible and upon mutual agreement
of the parties, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the
remainder of this Agreement shall remain in full force and effect and shall be interpreted to give
effect to the intent of the Parties.
DEVELOPMENT AGREEMENT Page 9
F. Applicable Law, Venue. This Agreement is entered into pursuant to, and is to be construed and
enforced in accordance with, the laws of the State of Texas, and all obligations of the Parties are
performable in Collin County, Texas. Exclusive venue for any action related to, arising out of, or
brought in connection with this Agreement shall be in the Collin County District Court.
G. Non Waiver. Any failure by a Party to insist upon strict performance by the other Party of any
material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have
the right at any time thereafter to insist upon strict performance of any and all provisions of this
Agreement. No provision of this Agreement may be waived except by writing signed by the Party
waiving such provision. Any waiver shall be limited to the specific purposes for which it is given.
No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to
be a waiver of any other term or condition or subsequent waiver of the same term or condition.
H. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall
be deemed an original and constitute one and the same instrument.
I. Complete Agreement. This Agreement embodies the entire Agreement between the Parties and
cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the
Parties expressly amending the terms of this Agreement. By entering into this Agreement, any
previous agreements or understanding between the Parties relating to the same subject matter are null
and void.
J. Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for
substantial consideration, the sufficiency of which is hereby acknowledged.
K. Form 1295. Submitted herewith is a completed Form 1295 generated by the Texas Ethics
Commission's (the "TEC") electronic filing application in accordance with the provisions of Section
2252.908 of the Texas Government Code and the rules promulgated by the TEC (the "Form 1295").
The City hereby confirms receipt of the Form 1295 from the Owner, and the City agrees to
acknowledge such form with the TEC through its electronic filing application not later than the 30"'
day after the receipt of such form.
[signature page follows]
DEVELOPMENT AGREEMENT Page 11)
CITY OF ANNA
By:
Ry Henderson, Interim City Manager
IN WITNESS WHEREOF: STATE OF TEXAS CgVNTY OF COLLIN
Before me, the undersigned notary public, on theft y ofA0jjL 2023, appeared Ryan Henderson,
known to me (or proved to me) to be the person whose name 1s subscribed to the foregoing instrument, and
acknowledged to me that he executed the same in his capacity as Interim City Manager of the City of Anna,
Texas.
Notary Public, State ofFexas
Thinkk Big Investments, LLC
421 County Club Road
Fairview, TX 75069
CARRIE L. LAND
5 ..... 6 i
Notary Public. State of Texas
z'"�•.•�� Comm. Expires 02.04.2027
;,;.°. Notary to 11419404
IN WITNESS WHEREOF: STATE OF TES COOUNOF LLAS
yJ
efore me, the undersigned notary public, onhe day o 2023, appeared
IY-' known to me (or proved to me) to be the person whose name is subscribed to
the-fQregoing-AnsYrument, and acknowledged to me that he/she executed the same in his/her capacity as
i(sr IISSSENIAMAIETTA
Nniory Public
i' Ixe STATE OF TEXAS
NOTARY ID a 133383088
NU i. omm. Expires 10.20-2025
EXMBIT A
PROPERTY DESCRIPTION
EXHIBIT A
ZONING DESCRIPTION
MULTI FAMILY RESIDENTIAL (MFR)
KNIPPA FAMILY REVOCABLE LIVING TRUST
GUYN MORRISON SURVEY, ABSTRACT NO.559, COLLIN COUNTY, TEXAS
16.109 ACRES
BEING a 16.109 acre tract of land situated in the Guyn Morrison Survey, Abstract No.
559, Collin County, Texas, and being all of a called 16.097 acre tract of land conveyed
to Knippa Family Revocable Living Trust by Warranty Deed recorded in Instrument
Number 20020213000229560, Official Public Records, Collin County, Texas; said
16.109 acre tract being more particularly described as follows:
BEGINNING at a point for corner at the northeast corner of said 16.097 acre tract,
being in the south line of County Road 427 and the northwest corner of a called
88.7622 acre tract of land conveyed by deed to 3Mc Joint Venture, as recorded in
Volume 3670, Page 174, Deed Records, Collin County, Texas;
THENCE South 00 degrees 14 minutes 55 seconds East along the east line of said
16.097 acre tract and the west line of said 88.7622 acre tract, passing the southwest
corner of said 88.7622 acre tract and the northwest corner of a called 10.00 acre tract
of land conveyed to William Stiltz et ux as recorded in Document Number
19830614000277820, Deed Records, Collin County, Texas, continuing along the west
line of said 10.00 acre tract, in all a total distance of 1,319.82 feetto the southeast
corner of said 16.097 acre tract and the northeast corner of a called 12.423 acre tract
of land conveyed by deed to The Duer Family Trust as recorded in Document Number
19990106000021500, Deed Records, Collin County, Texas;
THENCE South 89 degrees 00 minutes 00 seconds West departing the west line of said
10.00 acre tract, along the south line of said 16.097 acre tract and the north line of
said 12.423 acre tract, passing the northwest corner of said 12.423 acre tract, and a
northeast corner of a called 15.54 acre tract of land conveyed by deed to Mullet Living
Trust as recorded in Document Number 20061027001549080, Official Public Records,
Collin County, Texas, continuing in all a total distance of 528.00 feet to the southwest
corner of said 16.097 acre tract and a re-entrant corner of said 15.54 acre tract;
THENCE North 00 degrees 12 minutes 00 seconds West along a west line of said
16.097 acre tract, the east line of said 15.54 acre tract, passing a northeast corner of
said 15.54 acre tract and the southeast corner of a called 13.60 acre tract of land
conveyed by deed to Keith Douglas Bird as recorded in Document Number
20081014001223710, Official Public Records, Collin County, Texas, continuing along
the east line of said 13.60 acre tract, in all a total distance of 1,160.00 feet to a re-
entrant corner of said 16.097 acre tract and a northeast corner of said 13.60 acre
tract;
Page 1 of 3
EXHIBIT A
THENCE along the common line between said 16.097 acre tract and said 13.60 acre
tract, the following two (2) courses and distances:
South 85 degrees 45 minutes 00 seconds West, a distance of 99.00 feet to a
southwest corner of said 16.097 acre tract and a re-entrant corner of said
13.60 acre tract;
North 00 degrees 12 minutes 00 seconds West, a distance of 132.00 feet to the
northwest corner of said 16.097 acre tract and being in the south line of said
County Road 427;
THENCE North 85 degrees 57 minutes 00 seconds East departing the east line of said
13.60 acre tract, along the south line of said County Road 427 and the north line of
said 16.097 acre tract, a distance of 627.00 feet to the POINT -OF -BEGINNING,
containing 16.109 acres of land.
Bearings for this description cited are based on Grid North State Plane Coordinates of
the Texas Coordinate System NAD83 (CORS96) Texas North Central Zone (4202),
NAVD88.
Page 2 of 3
© 2022 Westwood Professional Services, Inc.
PL��SJS21�'20
�0
�0 �oA��1o6000
0
OL �
0427
..OUNTY ROAD I NO.
,N85°57'00"E 627
132.00- %
N00°12'00"W
99.00—'
S85048'00"W
N
fit'
CALLED 73.60 ACRES
O
KEITH DOUGLAS BIRD
DOC NO.20087074007223770
o
Q
O
�
TRACT 7
CALLED 75.54 ACRES
MULLET LIVING TRUST
VDOC.
NO.20067027007549080 j4
O
0
O
z
LEGEND
P.O.B. POINT OF BEGINNING
INST. NO. INSTRUMENT NUMBER
VOL. PG. VOLUME, PAGE
DOC. NO. DOCUMENT NUMBER
BEING A 16.097 ACRE TRACT
LOCATED IN THE GUYN
MORRISON SURVEY, ABSTRACT
NO. SS9, COLLIN COUNTY,
TEXAS
ANNA, TEXAS
i ko
Ln
0 N
Cr O o
� o
rnOC
CC
� �
W
4Qjcv
H
� CL
Ua- U
H
Q
S89e00'00"W 528.00
CALLED 12.423 ACRES
THE DUER FAMILY TRUST
DOC. NO. 19990706000021500
CALLED 51.208 ACRES
JULIAN M. SMITH ET UX
DOC. NO. 79730507086507270
,r
P.O.B. I�
,V"
�1
V-, • �(J .
J �.
CALLED 88.7622 ACRES
3MC JOINT VENTURE
VOL 3670, PG 174
APPROXIMATE LOCATION
SURVEY LINE
0
ado
v�o
oN
o _j to
4��
—1 - O
U
Q
NOTE.
THIS IS NOT A BOUNDARY SURVEYAND DOES NOT
REPRESENT AN ON THE GROUND SURVEY.
Westwood
Phone (214) 473 4640 2901 Dallas Parkway, Wte 400
Toll Free (888) 937-5150 Plano, TX 75093
VAnbrood Pra%sslonel Semkim I=
TBPE FIRM REGISTRATION NO. F-11756
TBPLS FIRM REGISTRATION NO. 10074301
MULTI -FAMILY SHEET NUMBER:
RESIDENTIAL 3
OF
(MFR) 3
ZONING EXHIBIT DATE: 11 /16/22
PROJECT NUMBER: 0041317.00
m
x
w
Q
z
z
O
1n
a
w
a
z
z
I
V
w
v
a
ti
rn
0
to
BBIT B
CONCEPT P LAN
EXHIBIT B
1
1 SHEET 1 OF 2
Nole:
U.", and alstanves were aealee Rom county Parcel,,
nol wlN cum We.
IN COMPLIANCE W?H:
COUNTY KONG 11%(CR 1106)15 LIS70 AS A
PRINCIPAL ARTERIAL(130'R.O.WJ
SUE ALW WS FORA 60' R.O.W. DEDICATION
MEASURED FROM THE CENTER OF THE R,O.W)
Note: Development assumes one lot
for the entire development
NNE LANE l'—Nay I'v,. wNtin
e wnen, ded.Noul
— — — —
PROPERTYUNE
®
COVENEO PARKING SPACE
®
UNCOVERED PARKING SPACE
NEFUSEKA--
ZONE A IO}YEAR FLOOD AREA
PER FIRM PANE1.4801 CA1601
SISTER GROVE CREEK TRIBUTARY
PER N WI DATASET
;-
OPEN SPACE
BUILDING TYPES
SCALE 1• �w•u•
KI_�AI�.4_ BI
I " I
MATCHLINE' REFERENCE PG 2 OF 2
ENGINEER:
,......,.N,...,u' ,v.VL...•.... ,...,...,....e, CONCEPT PLAN
P
SWE: V.IY.n
CONCEPTPIAH
WWOUW.MHUNTFS
BLOCK A. LOT
ANNA. TEMS I COWN COUNTY
'M.E ACRETRACT
SHE. E.TMCT 55
SB.l ACRES
GUINNACESHUN SURVEY
H.US A
M 4XVAR�II .IS
EXHIBIT B MATCH LINE: REFERENCE PG I OF 2 _
A r
SHEET 2 OF 2
a 4 /
lu
�F t\
/ f
BeaNy LAM Olibnceswere [reaEe9 M1om munty W�EeN.
nM wlNwmry Cab.
Note: Development assumes one lot
for the entire development "/
( z4nd
LEGEND
FIRE LANE IgenebltylI wIUUn
'....
.aemnn CeClmlI
PROPERTY LINE
®
COVERED INRU GSPRQ
®
UN—EREO PERKING SPACE
MINE LOU-EAA FLOOD AREA
PERFlRMPANE1.48OWS01601
SISTER GROVE CREEK TRIBUTARY
PER NWI OATfSEi
OPEN SPACE
I
I
0
� I
r-.�.gCe Bi �✓� 1 1
o � w
r I-a..nn'uEH4wHEEW�f
_ OWNER: sl�n
W
ILEa
R� 4
_
.v
SCVF'. I'•atl�P
PEEN
y
tI9
/
wO E
°CCe
IIFE
voo k
IILO ICOWl UXry
OHXa
g
11.JAC ETEI
l6.l ACAETMCT
SNENT,MEr 65
MES
GVIXN MSURVEY
OR ISON
ABSNS ADS5 A0559
{
I
l
IANVEPa E3, 3011
EXHIBIT C
DEVELOPMENT STANDARDS
Exhibit C - Development Standards
1. Purpose.
The purpose of these Development Standards is to facilitate the development of a Multiple -
family residence subdivision.
2. Definitions.
Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning
Ordinance shall apply.
Multiple -family residence: Any building or portion thereof which is designed, built,
rented, leased, or let to be occupied as two or more dwelling units or apartments or
which is occupied as a home or place of residence by two or more families living in
independent dwelling units.
3. Standards and Area Regulations.
A. The location of the development shall be in substantial conformance with the Concept
Plan.
B. Development must comply with the development standards for use, density, lot area,
lot width, lot depth, yard depths and widths, building height, building elevations,
coverage, floor area ratio, parking, access, screening, landscaping, accessory
buildings, signs, and lighting, set forth in the MF-1 Multiple -Family Residential - Medium
Density (MF-1) zoning district and the Planning and Development Regulations except
as otherwise specified herein.
i. Maximum height (feet): 29
ii. Side Yard, interior (feet): 25
iii. Parking:
a) One -bedroom: One space per unit;
b) Two- & Three -bedroom: Two (2) spaces per unit;
c) Covered Parking: 50% of the residence required parking must
be covered; and
d) Visitor Parking: 0.25 per unit.
iv. Screening Fence: Screening and fencing on any perimeter not abutting a
public right-of-way shall consist of a 6-foot board on board wood fencing.
1
V. Buffer: To preserve the natural tree line and provide transition between
different types of land uses a 20-foot-wide vegetative buffer shall be
provided along the entire eastern, southern, and western property
boundaries. The natural tree line, where existing, shall be preserved as
a buffer and in areas where no trees exist the developer shall be required
to plant one large tree (minimum of three-inch caliper and seven feet high
at time of planting) per 40 linear feet, or portion thereof, along the property
boundaries.
C. To prohibit indiscriminate clear cutting the applicant has agreed to preserve the existing
tree line located along the eastern, southern, and western property boundaries of the
zoning requires. The existing tree line shall be located within a 20' tree preservation
easement as identified on the Concept Plan (Exhibit A) and designated as a non -
disturbance area in which no construction or tree removal will occur. Removal of any
trees in these areas are subject to restriction under Sec.9.07.003 (Permit required;
exceptions) of Article 9.07 (Tree Preservation) within the City of Anna Code of
Ordinances.
D. Plats and/or site plans submitted for the development of the PD shall conform to the
data presented and approved on the Concept Plan. Non -substantial changes of detail
on the final development plan(s) that differ from the Concept Plan may be authorized
by the City Council with the approval of the final development plan(s) and without public
hearing.
E. The Concept Plan will expire after two (2) years of approval.
4. Design Standards
A. Except as noted below, the exterior walls (excluding windows and doors) on the front
elevation of any two -unit multiple -family residence structure shall be 80 percent
masonry. The total cumulative surface area of the remaining exterior walls (excluding
windows and doors) shall be 60 percent masonry. Each structure shall be deemed to
have only one front elevation.
B. A maximum of 10 percent of any exposed exterior wall may consist of exterior insulation
and finish system (EIFS).
C. Second floor Dutch gable roof elements are not required to be masonry.
D. Roofing materials of a structure may only consist of architectural asphalt shingles
(including laminated dimensional shingles), clay and concrete tile, metal shingles,
mineral -surfaced row roofing, slate and slate -type shingles, or an equivalent or better
product as compared with said materials. Should architectural shingles be used as
roofing material, said shingles shall be accompanied with a minimum 25-year warranty.
Under no circumstance shall three -tab shingles be used as roofing material.
2
E. Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6"
x 12" (six inches vertical rise for every 12 inches horizontal run) and shall have an
overhang at least 1' (one foot) beyond the building wall; however, the overhang shall
not encroach into a setback more than one foot. Porch roofs and shed roofs must have
a minimum pitch of 4" x 12".
F. Building articulation: At least four (4) facade articulation techniques are required on
each unit to add architectural variety and interest to a building. The following features
shall be acceptable techniques of exterior articulation:
i. A base course or plinth course; banding, moldings, or stringcourses; quoins;
oriels; cornices; arches; brackets; keystones; dormers; louvers as part of the
exterior wall construction. (Quoins and banding shall wrap around the corners of
the structure for at least two feet.).
ii. Balconies.
iii. Bay windows.
iv. Masonry chimney(s).
v. Double -entry door(s).
vi. Covered Entry(ies)
vii. The use of both stone and brick on the front elevations with a minimum of ten
percent coverage of one of the elements.
viii. Front porch of at least 50 square feet.
ix. The installation of at least two (2) coach lights.
x. Other techniques for building articulation can be substituted if administratively
approved by the administrative official.
G. Fenestration:
i. Windowless exterior walls that face a travel way or other similar highly visible
areas are prohibited. On two-story structures, windows are required on the first
and second story facing a travel way.
ii. Windows shall be in harmony with and proportionate to the rest of the structure.
iii. The use of reflective glass on residential structures is prohibited. Reflective glass
will be defined as having a visible light reflectance rating of 15% or greater.
3
Collin County
Honorable Stacey Kemp
Collin County Clerk
COPY
Instrument Number: 2023000041369
Real Property
AGREEMENT
Recorded On: April 18, 2023 03:19 PM
Number of Pages: 23
" Examined and Charged as Follows: "
Total Recording: $110.00
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number:
Receipt Number:
2023000041369
20230418000551
Recorded Date/Time: April 18, 2023 03:19 PM
User:
Station:
Alyssa A
Station 7
Record and Return To:
CITY OF ANNA
120 W 7TH ST
ANNA TX 75409
STATE OF TEXAS
Collin County
I hereby certify that this Instrument was filed in the File Number sequence on the date/time
printed hereon, and was duly recorded in the Official Public Records of Collin County, Texas
Honorable Stacey Kemp
Collin County Clerk
Collin County, TX