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HomeMy WebLinkAboutRes 2023-07-1484 Second Amendment to Dev Agreement and to the Woods at Linsey Place Subdivision Improvement AgreementCITY OF ANNA, TEXAS RESOLUTION NO. 2a 23 - O-1434 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT AND TO THE WOODS AT LINDSEY PLACE SUBDIVISION IMPROVEMENT AGREEMENT WITH D.R. HORTON — TEXAS, LTD., RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTI- USE DEVELOPMENT LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF FUTURE ROSAMOND PARKWAY AND FUTURE FERGUSON PARKWAY. WHEREAS, D.R. HORTON — TEXAS, Ltd., a Texas Limited Partnership (the "Developer"), is the Property Owner of 275 acres of real estate located at the northwest and southwest corners of future Rosamond Parkway and future Ferguson Parkway (the "Property"); and WHEREAS, the Developer desires to change certain development standards and building materials requirements for the multiple family portions of the Property; and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") has found that the requested changes are reasonable and should be made; 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 Second Amendment to Development Agreement and to the Woods At Lindsey Place Subdivision Improvement Agreement, attached hereto as Exhibit 1, and ratifies and approves the Interim City Manager's execution of the same. The Interim City Manager is hereby authorized to execute all documents and take all other actions necessary to finalize, act under and enforce said second amendment. PASSED by the City Council of the City of Anna, Texas, on this 25th day of July 2023. ATTESTED: Carrie L. Land, City Secretary " ROVED: THECITy OF Tib ike, Mayor \� 1911 D1111 0MMUN1TIES 'Uxsb r�' BUILDING MATERIAL MODIFICATION REQUEST: Res 2020-11-813A: June 30, 2023 Ascend at Lindsey Place RECEIVED June 30, 2023 PLANNING DEPT. Anna City Council, CITY OF ANNA DHI Communities is excited about bring our first stand alone "Casita" project in Texas to Anna. We currently have approved building plans for the first of three phases as a part of the Woods at Lindsey Place master planned community, which would be a 130 unit community of casita style homes. We are writing to request a Building Material Modification for this first phase. After reviewing our initial exterior design, we decided that we would like to change the elevations from what was initially proposed. The two main reasons for this were to first align our product more closely with what DR Horton is building on the For Sale side of the master planned community, and to also provide a more cost effective offering that will allow for affordable, Class A rental product. We are asking to lower the overall masonry percentage to 30%, while increasing the frontage requirement to 75%. As you can see on the proposed elevations, we would like to utilize both brick and stone for a classic Texas aesthetic. The actual product selection will be similar to what the SF team is using next door, so that there is a more cohesive feel to the overall community. Additionally, 3 of the 4 front facades would be 100% masonry, which is a 40% increase to what the current DA requires. We think this will really allow the homes to stand out with great curb appeal. We believe that these elevations and product selections will deliver to Anna a first-class product that the city, and DHI Communities, will be incredibly proud of. Please let us know if you have any additional questions. We appreciate your time and thoughtful review of our request. Regards, Andrew Wiley VP Development - DHI Communities Cc: Ross Altobelli SECOND AMENDMENT TO DEVELOPMENT AGREEMENT AND TO THE WOODS AT LINDSEY PLACE SUBDIVISION IMPROVEMENT AGREEMENT This Second Amendment to Development Agreement and to the Woods at Lindsey Place SuMvision Improvement Agreement (this "Second Amendment") is entered effective as the 25 day of u,t 3 between the City of Anna, Texas, a Texas home -rule municipality (the "City) and D. R. Horton — Texas, Ltd., a Texas limited partnership ("Developer") as follows: RECITALS WHEREAS, effective November 10, 2020, the City and LHJH Properties, LTD., a Texas limited partnership (the "Previous Owner") entered into a Development Agreement (the "Original Agreement") applicable to the approximately 275 acres described in the attached Exhibit A (the "Property"); and WHEREAS, capitalized terms in this Amendment having the meanings assigned in the Original Agreement, unless otherwise expressed in this Amendment; and WHEREAS, the Original Agreement governs certain aspects of the development of the Property; and WHEREAS, on or about February 10, 2021, the Previous Owner sold the Property to the Developer; and WHEREAS, under the terms of the Original Agreement, the sale of the Property to the Developer resulted in the Developer assuming all of the Previous Owner's rights and obligations under the Original Agreement and the Previous Owner being fully released from the Original Agreement; and, SECOND AAIENDAIENT TO DEVELOPMENT AGREEMENT AND TO TEE WOODS AT LINDSEY PLACE SUBDIVISION BIPROVEAIENT AGREEMENT PAGE 1 ErrorI Unknown document property name. WHEREAS, in conjunction with Developer's acquisition of the Property, Developer and the City entered into that certain the Woods At Lindsey Place Subdivision Improvement Agreement, recorded as Document No. 202102250003 745 10 in the Real Property Records (the "Subdivision Improvement Agreement"); and WHEREAS, the Original Agreement and the Subdivision Improvement Agreement were amended on or about January 24, 2023 under City of Anna Resolution 2023-01-1361 in that certain First Amendment to Development Agreement and to The Woods at Lindsey Place Subdivision Improvement Agreement (the "First Agreement") WHEREAS, this Second Amendment amends the First Amendment and Original Agreement only with respect to certain Development Standards and Building Materials requirements for multiple -family residence buildings within the area of the Property where MU-2 Multiple -Family Residential — High Density development is permitted under the Planned Development -Multi -Use zoning applicable to the Property; and WHEREAS, Developer understands and acknowledges that the obligations undertaken under this Amendment are primarily for the benefit of the Property; and VVHEREAS, Developer understands and acknowledges that its acceptance of this Second Amendment is not an exaction or a concession demanded by the City but rather is an undertaking of Developer's voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit Developer's development of the Property; and WHEREAS, this Second Amendment amends the Original Agreement (as amended by the First Amendment) only to the extent set forth herein and all terms of the Original Agreement (as amended by the First Amendment) not expressly amended by this Second Amendment or in direct or indirect conflict with this Second Amendment shall remain in full force and effect. WHEREAS, this Second Amendment also amends the Subdivision Improvement Agreement (as amended by the First Amendment) only to the extent set forth herein, and only as to the Property, and all terms of the Subdivision Improvement Agreement (as amended by the First Amendment) not expressly amended by this Second Amendment or in direct or indirect conflict with this Second Amendment shall remain in full force and effect; 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: SECOND AAM AIENT TO DEVELOPMENT AGREEAIE"T AND TO T8E WOODS AT LINDSEY PLACE SUBDIVISION IAI MGMIENT AGREEAlEr'T PAGE 2 Errorl Unknown document property name. ARTICLE 1. RECITALS The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Amendment and said recitals constitute representations by Developer and the City. ARTICLE 2. AMENDMENT Notwithstanding any provision of the Original Agreement (as amended by the First Amendment) and notwithstanding any provision of the Subdivision Improvement Agreement (as amended by the First Amendment), a new subsection titled "Multi -Family Residence Building — two unit structures" shall be added to the existing provisions under Section 2 of the Original Agreement directly under the provisions of the existing subsection which bears the subheading "Multiple -Family Residence Buildings" and the additional provisions added to the Original Agreement shall only apply to the 130 units of the "casita style homes" to be constructed in the first phase (the "Casita Two -Unit Structures". Those additional provisions governing the development and building of the Casita Two -Unit Structures are set forth in Exhibit A and the permitted Elevations of the Casita Two -Unit Structures are depicted in Exhibit B. ARTICLE 3. EXHIBITS Exhibit A and Exhibit B referenced above are incorporated into the Original Agreement in full for all purposes and Exhibit B shall also be deemed to be attached to the Original Agreement. ARTICLE 4. SAVINGS Except as expressly amended by this Second Amendment, the Original Agreement (as amended by the First Amendment) and the Subdivision Improvement Agreement (as amended by the First Amendment) are not amended, altered or otherwise modified and shall remain in full force and effect. [Signature page(s) follow.] SECOND AMENDMENT TO DEVELOPMENT AGREEMENT AND TO THE WOODS AT LEIMSEY PLACE SUBDIVISION L�'ROVEMENT AGREE!%%%"f PAGE 3 Errors Unknown document property name. CITY OF ANNA, TEXAS By: • ky& Henderson, Interim City Manager STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the 2 U'.'day of l 2023, appeared Ryan Henderson, known to me (or proved to me) to be the person whose 61ne is 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. JEOVANNA RUBIO 0 Notary Public. State of Texas Public, State of Texas otary sye Comm. Expires 10•03.2026 Notary ID 133995676 SECOND A.\IEND\IENT TO DEVELOPNIENT AGRE NMNT AND TO THE ROODS AT LINDSEY PLACE SUBDIVISION INIPROVENIE\T AGREE %TENT PAGE 4 Error: Unknown document propero, name. D.R. HORTON — TEXAS, LTD., a Texas limited partnership By: D.R. Horton, Inc. a Delaware corporation, its authorized agent 0 David L. Booth, its Assistant Vice President IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of 2023, appeared David L. Booth 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/she executed the same in his/her capacity as Assistant Vice President of D.R. HORTON, Inc., a Delaware corporation, in its capacity as authorized agent and general partner of D.R. HORTON — TEXAS, Ltd., a Texas limited partnership. Notary Public, State of Texas SECOND AMEND %MVr TO DEVELOP�IMNT AGRMIE117 AND TO THE WOODS AT UGMSEY PLACE SUBDIVISION Itii IPROVnMNT AGREEA'IEN'T PAGE S Errorl Unknown document property name. 4:11: Provisions added to Original Agreement Multiple -Family Residence Buildings — two -unit structures A. Building elevations will be in substantial conformance with Exhibit 1. B. The exterior walls (excluding windows and doors) on the front elevation of any structure shall be 75 percent masonry. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 30 percent masonry. Each structure shall be deemed to have only one front elevation. 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. E. Roofs: i. 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) unless the peak created is higher than the peak of the main roofline, then the, slope may be reduced to a minimum 4" x 12". Pitched roofs 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". ii. Roofing materials of any 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 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. 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: Error! Unknown document property name. Provisions added to Original Agreement 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. xi. Notwithstanding anything herein to the apparent contrary, the elevations in Exhibit 4 attached hereto are approved by the City and any and all structures constructed in accordance with such elevations shall be deemed to satisfy all applicable requirements of this Section 2 as relates to the materials and other features of said elevations. 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 either the first or 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. Error: Unknown document property name. Elevations Error! tJbIcnowndocument.property name. �� IEfT EtEV�1RM1 xurt EiEvuw. 111 Bill Cummunlllls ral pe�ne�ev.,,on �^ moxreennox 1O MASONRY®FROM 40%MASONRY OVERALL L mASCEhO AT IMBSEY PLACE �WCI1i EYEVAibx In am communmEs 3`EEAE e�evAian __ _.,. LEVAIYMI 75 %MASONRY 0 FROM 30 %MASONRY OVERALL 7 wurt¢ev�nv� n sal sammunmts n wortexv�nox 75%MASONRY O FROM M%MASONRY OVERALL o.L�YA�P I DD%MASONRY 0 FROM �� Will FlEVAiW '. iPpff ELE VAiRMI 4M MASONRY OVERALL i Bill BBmmBBIIIES tmlmnUmm L.- �LmaPVPxcx _ t P LEVAT n 0111 uummuninEs 2PEIA 4Rv1EgP (J FPONE ELEVA��{I.V 100%. MASONRY* FROM 42%MASONRY OVERALL L 6 011MIIIIIL01:IB:62 PH RL 1121 CITY OF ANNA, TEXAS , f/ 3 W RESOLUTION NO. &6?0 I I •• . A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH LHJH PROPERTIES, LTD, A TEXAS LIMITED PARTNERSHIP, RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTI -USE DEVELOPMENT LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF FUTURE ROSAMOND PARKWAY AND FUTURE FERGUSON PARKWAY. WHEREAS, LHJH Properties, LTD, a Texas Limited Partnership, is the Property Owners of real estate located at the northwest and southwest corners of future ,Rosamond Parkway and future Ferguson Parkway; and WHEREAS, Property Owners desire to rezone the subject property to allow commercial and 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 LHJH Properties, LTD, a Texas Limited Partnership, attached hereto as Exhibit A, and rages 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 10th day of November 2020. ATTESTED: eAAA--(_C Carrie L. Land, City Secretary Pike, Mayor EXHIBIT A DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement) is entered effective as of November, 10, 2020 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule municipality ("City") and LHJH Properties, LTD., a Texas limited partnership ("Property Owner") as follows: RECITALS WHEREAS, the Property Owner is the sole owner of 275.0± acres of real property described in Exhibit 'I and depicted on Exhibit 2, (the "Property"); and, WHEREAS, the Property is presently under contract (the "Contract") to be sold by the Property Owner and purchased by DRHI, Inc., a Delaware corporation ("Developer"). WHEREAS, Property Owner has, at the request of Developer, applied to rezone the Property to allow for Planned Development -Multi -Use which will include the following zoning districts with modified development standards; C-1 Restricted Commercial (C-1), C-2 General Commercial District (C-2), MF-2 Multiple -Family Residential - High Density (MF-2), SF-72 Single -Family Residence District (SF-72), SF-60 Single -Family Residence District (SF-60), SF- Z Single -Family Residence District - Zero lot line homes (SF Z), and SF TH Townhome District (SF TH); 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 provisions of Anna City Code of Ordinances and other regulations and adopted policies of the City (collectively, "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 1 j Page 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. With respect to all structures/development within the PD-MU 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 and with the following standards (in the event of any conflict, the following listed; standards shall govern). Nonresidential Buildings A. At least 80% of the exterior walls (excluding doors, door frames, windows, and window frames) shall use only stone, brick, and/or split face concrete masonry units in the construction of the exterior facade that are visible to the public. B. At least 60% of exterior fagades not visible to the public (excluding doors, door frames, windows, and window frames) are required to be brick or rock veneer. C. A maximum of 10% of any exposed exterior wall may consist of EIFS D. where the function of an individual business, or the recognized identity of a brand dictates a specific style, image, or building material associated with that company, the masonry provision may be modified; however, the development shall maintain harmony in terms of overall project design and appearance, and such design shall be subject to approval by the City Council after recommendation from the Planning & Zoning Commission. Muitiple-Family Residence Buildings A. All multi -family buildings and structures shall have at least sixty percent (60%), 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/rock veneer) materials with no more than forty percent (40%) consisting of cementitious siding (Hardie products) or stucco materials. 21Page B. A maximum of 10% of any exposed exterior wall may consist of EIFS C. Roofing materials for buildings and structures must be architectural roof shingles, said shingles shall be accompanied with a minimum 25-year warranty. Under no circumstance shall three -tab shingles be used as roofing material. D. Accessory buildings shall use similar building and roofing materials as those used on the primary buildings. E. Two or more distinct building models shall be designed for projects with more than four primary buildings. F. A covered entry area shall be designed at the main entry to each building. G. A minimum of 75% of all units must have one of the following design features: a true balcony, stoop, or patio to create outdoor living space. H. 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 fagade. 2) Extensions to the building through bay or box windows, and, other similar features projecting out from the fagade. 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, balconies, verandas, railings, dormers, chimneys, decorative moldings or ornamental details. 7) Roof height, pitch, ridgelines, and materials shall be varied to create visual interest and avoid repetition. Single -Family Residence Buildings (SF-72, SF-G0, SF-Z, and SF-TH) A. Except as noted below, the exterior walls (excluding windows and doors) on the first -floor front elevation of any structure shall be 90 percent masonry and 80 percent on the second -floor front elevation. The total cumulative surface area of the remaining exterior „ walls.(excludinq windows and doors) shall be 80% masonry; Wage B. A maximum of 10% of any exposed exterior wall may consist of ElFS. C. Second floor Dutch gable roof elements are not required to be masonry if set back at least 3 feet from the first -floor front elevation vertical plane. D. The masonry standards that apply to the front elevation of a structure gas described in subsection (A) above shall also apply to any exterior walls on a structure that are: (i) adjacent to and face a public street or right -of --way; or (ii) visible from and located immediately adjacent to a public park, reserved open space or neighborhood common area, or an undeveloped flood hazard or drainage area that is also adjacent to a public street. E. 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, wood shingles, wood shakes 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. a. House repetition: i. Within residential developments, single-family homes with substantially identical exterior elevations can only repeat every three (3) lots when fronting the same right-of-way including both sides of the street. ii. Homes side by side or across the street within one house (directly across the street or "caddy corner across the street) shall not have substantially identical exterior elevations. b. Roofs: i. 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. ii. Roofing materials in all residential districts 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 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 41Page warranty. Under no circumstance shall three -tab shingles be used as roofing material. c. Garages: On front entry garages the face of a garage (1) may not be extended more than ten feet beyond the remainder of the front elevation of the primary living area of a house; and (ii) the garage doors may not be over 60% of the total frontage width of a house whether or not swing drives ("J" drives) are used. Porches or columns are not considered part of the front elevation of the primary living area. d. Building articulation: At least four (4) facade articulation techniques are required on each single-family home 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 40 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. e. Garage doors. All garages must also incorporate wood clad (or equivalent) garage doors or wood composite doors and contain at least two of the following enhancements: i. Two single garage doors (in lieu of double doors); 6, Page ii. Decorative windows; iii. Decorative hardware; iv. Garage door recessed a minimum of 12 inches from the garage face; V. Cast stone surround. f. Front doors. All doors on the font facade of a residence shall be constructed of wood, iron, glass, and/or architectural fiberglass. SECTION 3. NOTICES. Any and all notices required to be given by either of the parties hereto must be iin 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: City Manager City of Anna 111 North Powell Parkway PO Box 776 Anna, Texas 75409 To Property Owner: LHJH Properties, LTD PO Box 122 Anna, Texas 75409 Attn: Russell L Harlow SECTION 4. MODIFICATIONS OR TERMINATION. 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 -Multi -Use which includes the following zoning district with modified development standards; Restricted Commercial (C-1), General Commercial (C 2), Multiple -Family Residential - High Density (MF-2), Single Family Residence-72 (SF-72), Single Family Residence-60 (SF-60), Single -Family Residence - Zero lot line homes (SF-Z), and Single -Family Townhome District (SF-TH), 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 61Page not bind the City Council to approve any proposed rezoning of the Property. SECTION 5. CLOSING. The Contract provides that the closing and funding of the sale of the Property shall occur on December 17. 2020, unless otherwise amended by the parties to the Contract (the "Closing"). Notwithstanding anything to the contrary herein, upon Closing and funding of the sale of the Property, Developer or its successors or assigns shall fully assume all of Property Owner's rights and obligations under this Agreement and LHJH Properties, Ltd. and LHJH Management Company, LLC, its successors and assigns, shall be fully and completely released from this Agreement for all purposes, without the necessity of additional notice from or action by any Party. Nothing in this Section 5 shall serve to release any subsequent owners of the Property from the terms, conditions and obligations in this Agreement. If Closing does not occur and the Contract is terminated, the City agrees to reasonably cooperate with Property Owner to modify the terms and conditions of this Agreement to accommodate any subsequent purchaser(s) and/or alternative use(s) of the Property. SECTION 6. 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 7 1 P a g e 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 a subsequent written notices as to subsequent dates or times during which such breach is repeated or continues to occur. C. In the event of a default, the non -defaulting party will additionally have any and all remedies available to it at equity or in law. SECTION 7. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND. Except as otherwise provided for herein, 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. SECTION 8. INDEMNIFICATION AND HOLD HARMLESS. HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD -PARTY CLAIMS, SUITS JUDGMENTS DAMAGES AND DEMANDS TOGETHER "CLAIMS" AGAINST THE CITY WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES RELATED EXPENSES EXPERT WITNESS FEES CONSULTANT FEES AND OTHER COSTS 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 81 Page 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: ('I) 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 8 will survive the termination of this Agreement. SECTION 9. RECORDATION. The parties may record this document in the property records of Collin County on or after one (1) business day after Closing and funding of the Contract. 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. 91Page 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. EFFECTIVE DATE. This Agreement will be effective upon the Effective Date first stated herein. CITY OF ANNA By: Jim rote, City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the ` day of _1 2020, 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. # q(14b K'* 0 d r� JIM-Ona Notary Public, State of Texas CAME L 8M1iii tl►�i�offisyiD# 1l41904 as E Febffig4.2023 101Page LHJH Properties, LTD., a Texas limited partnership, By: LHJH MANAG M T COMPA LLC, it general partner By: Russell L. Harlow, ' s m n Bing member IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the 10th day of November, 2020, appeared Russell L. Harlow., 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/she executed the same in his/her capacity as managing member of LHJH Management Company LLC., in its capacity as general partner of LHJH Properties, LTD, a Texas limited partnership. 14 Notary Public, State of Texas WRtEL8MMi '= NtYt�Yq��1t4184Q4 • Bea Fe►Weiy4,2023 11 [ Page EXHIBIT 1 - page 1 of 3 FIELD DESCRIPTION: BEING a tract of land situated in the Town of Anna, Collin County, Texas, a part of Eli Witt Survey, Abstract No. 997, being all of a called 159.819 acre tract of land described in a Special Warranty Deed to LHJH Properties, Ltd., recorded in Instrument No. 20061003001424600, Official Public Records, Collin County, Texas (O.P.R.C.C.T), being part of a called 159.819 acre tract of land described in a Special Warranty Deed to LHJH Properties, Ltd., recorded in Instrument No. 20061003001424640, (O.P.R.C.C.T) and being more particularly described as follows: BEGINNING at a five -eighths inch iron rod with yellow plastic cap that is illegible found at the southeast comer of said 159.819 acre tract of land (20061003001424600), said iron rod being at the northeast corner of a called 226.62 acre tract of land described in a Warranty Deed to QJR Partnership, Ltd. recorded in Volume 5106, Page 2380, O.P.R.C.C.T and said iron rod being in the west line of a called 50.00 acre tract of land described in a Special Warranty Deed to Kayasa Holdings, LLC, recorded in instrument No. 201908007000946750, (O.P.R.C.C.T); THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 2,984.87 feet along the south line of said 159.819 acre tract of land (20061003001424600) and along the north line of said 226.62 acre tract of land to a one-half inch iron rod with yellow plastic cap stamped "BOHLER ENG" (hereinafter called "iron rod set") at the southwest comer of said 159.819 acre tract of land (20061003001424600), said iron rod being at the northwest corner of said 226.62 acre tract of land and said iron rod being in the east line of a called 17.863 acre tract of land described in a Special Warranty Deed to Anna 18, LLC, recorded in Instrument No. 20161020001423440, (O.P.R.C.C.T); THENCE North 01 degrees 07 minutes 28 seconds West, a distance of 27250 feet along the west line of said 159.819 acre tract of land (20061003001424600) and along the east line of said 17.863 acre tract of land to a one-half inch iron rod found at the northeast corner of said 17.863 acre tract of land and said iron rod being at the most southerly southeast comer of a called 555.801 acre tract of land, described as Tract B in a Special Warranty Deed to Risland Mantua, LLC, recorded in Instrument, No. 20180625000783630, (O.P.R.C.C.T); THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 4,656.06 feet along the most southerly east line of said 555.801 acre tract of land to a one-half inch iron rod found at the most westerly northwest corner of said 159.819 acre tract of land (20061003001424640); THENCE South 86 degrees 39 minutes 03 seconds East, a distance of 77475 feet along the most westerly north line of said 159.819 acre tract of land (20061003001424640) and along a south line of said 555.801 acre tract of land to a one-half inch iron rod found for comer, from which a one-half Inch iron rod found bears North 01 degrees 19 minutes 02 seconds West, a distance of 2.04 feet; EXHIBIT 1 - page 2 of 3 THENCE South 89 degrees 10 minutes 24 seconds East, a distance of 1,018.92 feet over and across said 159.819 acre tract of land (20061003001424640) to a ;one-half inch iron rod set'in the east line of said 159.819 acre tract of land (20061003001424640), said Iron rod being at the southwest comer of a called 83.36 acre tract of land described in a Quit Claim Deed to Alta McClain, recorded in Volume 626, Page 141, (D.R.C.C.T) which is now listed in the Collin County Appraisal District records as being owned by Laura Collins to which no transfer of title either direct or indirect can be found in Collin County Deed Records; THENCE South 89 degrees 16 minutes 53 seconds East, a distance of 11106 feet along a north line of said 159.819 acre tract of land (20061003001424640) and along the south line of said 83.36 acre tract of land to a one-half inch iron rod set at the most easterly northeast corner of said 159.819 acre tract of land (20061003001424640). said iron rod being at the northwest corner of a called 95.468 acre tract of land described in a Warranty Deed to JY & KC, LLC, recorded in Instrument No. 20170608000746940, (O.P.R.C.C.T), from which a mag nail found at the northeast corner of said 95.468 acre tract of land bears South 89 degrees 16 minutes 24 seconds East, a distance of 1,497.23 feet and South 88 degrees 45 minutes 18 seconds East, a distance of 189.34 feet, said iron rod being in or near the centerline of County Road No. 371; THENCE along the east line of said 159.819 acre tract of land (20061003001424640) and along the west line of said 95.468 acre tract of land as follows: South 01 degrees 16 minutes 44 seconds East, a distance of 1,185.5,E feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner; South 00 degrees 47 minutes 08 seconds East, a distance of 1,100.00 feet to a one-half inch iron rod set at the most westerly southwest comer of said 95.468 acre tract of land; THENCE North 88 degrees 32 minutes 52 seconds East, a distance of 966.83 feet along a north line of said 159.819 acre tract of land (20061003001424640) and along the most westerly south line of said 95.468 acre tract of land to a one-half inch iron rod with yellow cap stamped "J131" found at the most easterly northeast corner of said 159.819 acre tract of land (20061003001424640); THENCE South 00 degrees 44 minutes 46 seconds East, a distance of 210.76 feet along the most southerly west line of said 95A68 acre tract of land to a one-half Inch Iron rod found at the southeast comer of said 159.819 acre tract of land (20061003001424640), said Iron rod being at the northeast corner of said 159.819 acre tract of land (20061003001424600); THENCE along the east line of said 159.819 acre tract of land (20061003001424600) as follows: EXHIBIT 1 - page 3 of 3 South 00 degrees 31 minutes 53 seconds East, passing at a distance of 555.09 feet a one-half inch iron rod with cap stamped "3700" found at the most southerly southwest corner of said 95.468 acre tract of land, continuing in all a distance of 1,241.10 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner; South 72 degrees 46 minutes 12 seconds East, a distance of 140.70 feet to. a one-half inch iron rod with yellow cap that is Illegible found at the northwest comer of a called 59.534 acre tract of land described Warranty Deed to Jonic Investments, LLC, recorded in Instrument No. 20150605000666010, (O.P.R.C.C.T); South 01 degrees 14 minutes 22 seconds Vilest, a distance of 1,112.98 feet to the POINT OF BEGINNING and containing 11,978,895 square feet or 275.00 acres. r-- I WCIN'T MAP -xi%tom a� - li I T I P9 l• I�_ II�_J �€ I j II, J °^ s ma�mxn�a EXHIBIT 2 Y f � ct+T jilif J• IIS � -1rvlQ= L A"wm I BOMLER �_JI e ,ate BOHLER6 EXHIBIT 2 •N+� DETA11 SEE SHEET GS FOR fA IMUATIOM wl Iml gm 7& m -IF a L FMCONCF:r croNr�PrP... A� BOHLER' OHLERh H! 1 AM EXHIBIT 2 P" EA CKAORT6N CJ.VARD C BOOSNRRFW FOR CONTINUATION I r :, 11; ` -� - ..fir VIM l t IzelM IIiiGc><ti6 J_I K-7t !:F! tip B r ��� a5}$� EN.I.Jn QaO ¢ Ygb � • i WIM.WR�, III I Fnl 6 BOHLER// g ;, rLiea ana Haboraed official Public Records Stacey Kemp.,Cduntyleierk Collin Caun0i-, TEXFiS 11118L2020 01:08i52 PM $106.00 TSRRNETT 20201118002054930 5lI�S .br mm en`emk� ��ap«iriee N��^vr In eY m'r:,a :wasIf n,1, «,.,.F, arm �. bW ®,SOfO�o� Y��y a YV�-Ien4 wv la'rrr ,w _ I MATrmt IMF RNT u «rra w�a owr w r rnsra a ree� 1. If w'.r r«IIYYL'r If III, way IIIIIf If +Ju cfati N �r WAW E S r.wAMlm•M1nl Mi,ro«.n�lrrbxl IIIM Irmmm 0 • r.M�..../Yr. o �..ar.. APPROVED DECEMBER 13, M22 CRYCWNCIL CoYO ANNA EXHIBIT A pAAZPCPORO Pg1 of 2 DECEMB 2 ocmNSDBPLAN DHIANNA IN THE COT OF ANNA, COLLIN COUNTY, W.."S R W TTSURVF.V ARSTRACFN0. M 1=1,111, C A ",990S%Ff.oll 6Aw uoam/awn, — o� w�n�n «•�.. vr«�am mue 4rmc r� 4 'r li; H INI?£lam®!9� u'1►`� it � .•Y+m w.•d•.rml.w q....Y O' v rww+urr�rr..i.r F �xr. M +wV.•,w • Y� uIA � 4 mrl �pxrmYW rwama m.p/ax+rwm pY��—y, r.Y rs. Y.ro r. �_,.nmxwn xmes •.x�r lwlw ww 1�)MnYM�.+. eo-wq.,MY. w•..r .,... •w,�, .�...� ^ .,rn, o ur�iw W IYme x. ti-m>aI e+w r`Iw a e•Y+..q mn.N _Y-r.n ulos<... _ppI tvn .W •Y �s�l sl;femm C°70©Da© C7©©oaf ©oe�^®p civ©oao Co70©oa© Ci70©Oaf Co70©Oa© C]DaOa�. a©F�v©oa� a© [z70©OlFSt.7' a© nv©oa© G7 - In a© C7f�aYa© a© nv©oa© rea a© r7v©oa� a© �v©oa© a©r v©oao c�7 aoa© nvaoa© n©off©_ �70©Qa© I I I I I FF� — O ..Y••pr Jr r. •mmw. J s+aaPa M1.. ml ® M,um M1r. •• --' APPROVED ,I. I i OECEMBER il, x022 nywe I(lu nayoi Iwe •1[' I _ I % aw COUNCIL w IY�f 5b0Y pw•1 CRY OF ANNA !, [o4M 54 Iryn MN B/1/A]I •. n�a, r,ml EXHIBIT A Pg. 2 of 2 APPROVED 022 OEUCOMMIEMBER 5, N PbOZT,O FMAI3NSImON al .9D5PLAN DHI ANNA ' INT RCITYOFANNA,COI.LINCOIIN'1'Y,TUAS 6N'ITTRURYFYAR.STRACf NO.M 1 I LOT I IILO A 509,4%0 , FI /1LW Av ' i�/g i � � "�� /1j I I sn•—�<�M�'•i •aa •Y'�P.I s�.N. ��.I mvo g tlY _ .wq�.:n'M,.xwY VOn• M b�M q u non. wp_a MYY. rM.a••M rr.. "°`� ur )+} z«�-c r.Y.. me m..r Wa. CD.6 J