HomeMy WebLinkAboutRes 2024-01-1587 Development Agreement with Anacapri Laguna Azure LLC (AnaCapri)CITY OF ANNA, TEXAS
RESOLUTION NO. ;Z0 o2Li -G 1 - 15 9:7-
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH ANACAPRI LAGUNA AZURE LLC RELATING TO
DEVELOPMENT AND DESIGN REGULATIONS FOR A MUTI-USE DEVELOPMENT
GENERALLY LOCATED ON THE EAST AND WEST SIDES OF FUTURE FERGUSON
PARKWAY, NORTH OF HACKBERRY DRIVE, AND SOUTH OF MANTUA ROAD.
WHEREAS, Anacapri Laguna Azure, LLC is the Property Owner of real estate generally
located on the east side of Ferguson Parkway, north and south of Rollins Road, and the
southeast and southwest intersection of Mantua Road and Ferguson Parkway; and
WHEREAS, the property is zoned Planned Development (Ord. No. 887-2020) to allow for
a predominantly residential development that would include a mixture of residential types
and supporting commercial zoning; and
WHEREAS, Property Owners have agreed to development and design regulations;
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 Anacapri Laguna
Azure, LLC attached hereto as Exhibit A and ratifies and approves the City Manager's
execution of the same. The City Manager is hereby authorized to execute all documents
and take all other actions necessary to finalize, act under and enforce the Agreement.
PASSED by the City Council of the City of Anna, Texas, on this 23rd day of January
2024.
r_llmr:mg:l l
Carrie L.
1913
Miller, Mayor Pro Tern
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of January
23, 2024 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule
municipality ("City") and Anacapri Laguna Azure, LLC,("Property Owner") as follows:
RECITALS
WHEREAS, the Property Owners are the sole owner of 232.99 acres of real property described
in Exhibit 1 and depicted on Exhibit 2, (the "Property"); and,
WHEREAS, the property was previously rezoned to Planned Development (Ord. No. 887-
2020); and,
WHEREAS, the City and Property Owner previously entered into a development agreement
(Resolution No. 2020-12-831) 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 terns
of this development agreement; and,
NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as
reflected in the covenants, duties and obligations contained herein, the sufficiency of which is
hereby acknowledged, the Parties hereto agree as follows, effective as of the Effective Date:
SECTION 1. RECITALS INCORPORATED.
The recitals set forth above are incorporated herein as if set forth in full to further describe the
Parties' intent under this development agreement and said recitals constitute representations by
Property Owners, 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. Buildings shall utilize the architectural style and materials of Caribbean architecture in
accordance with Exhibit 3.
B. 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.
Multiple -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.
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.
Single -Family Residence Buildings (SF-60 and SF-Z)
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 (excluding windows and doors) shall be 80% masonry.
B. A maximum of 10% of any exposed exterior wall may consist of EIFS.
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 as 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.
F. Garages
1) All garage doors must be:
i. Wood clad (or equivalent) garage doors,
ii. Wood composite doors, or
iii. Embossed single metal garage door with an appearance and/or color
similar to a wood door as depicted in Exhibit 4.
2) All garage doors shall contain at least two of the following enhancements:
i. Two single garage doors (in lieu of double doors);
ii. Decorative windows;
iii. Decorative hardware;
iv. Garage door recessed a minimum of 12 inches from the garage face;
v. Cast stone surround.
vi. Eight -foot tall garage doors.
G. 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 in writing and
will be deemed delivered upon personal service, if hand -delivered, or when mailed in the
United States mail, certified, return receipt requested, addressed as follows:
To City: City Manager
City of Anna
120 W 7t' Street
Anna, Texas 75409
To Property Owner(s): ANACAPRI LAGUNA AZURE, LLC
5560 Tennyson Parkway
Suite 250
Plano, TX, 75024
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.
SECTION 5. DEFAULT.
If Property Owner, its heirs, successors or assigns or subsequent owners of the Property, fail to
fully comply with all the terms and conditions included in this Agreement (the "Defaulting
Owner"), City will have the following non-exclusive and cumulative remedies.
A. Withholding of utilities or withholding or revocation of permits and other approvals
required for development and use of the portion of the Property that is the subject of
the default (but no other portions of the Property) including without limitation building
permits and certificates of occupancy.
B. The Defaulting Owner, or its heirs, successors or assigns, or subsequent owners of
the Property (collectively, the "Defaulting Developer Parties") shall be liable to pay to
the City the sum of $2,000 for each failure to fully comply with the development
standards set forth in Section 3 of this Agreement. The Defaulting Developer Parties
shall be liable to pay the City said $2,000 sum per day for each day that such failure
to comply occurs. The sums of money to be paid for such failure(s) is not to be
considered as a penalty, but shall be deemed, taken and treated as reasonable
liquidated damages that accrue per day that such a failure shall exist or occur. The
said amounts are fixed and agreed upon by the parties because of the impracticability
and extreme difficulty of fixing and ascertaining the actual damages the City in such
event would sustain; and said amounts are agreed to be the amounts of damages
which the City would sustain. Notwithstanding the foregoing, none of the Defaulting
Developer Parties shall be liable to pay the liquidated damages that accrue under this
paragraph unless there is a breach of any material term or condition of this Agreement
and such breach remains uncured after forty-five (45) calendar days following receipt
of written notice from the City provided in accordance with this Agreement describing
said breach in reasonable detail (or, if the cure of the breach has diligently and
continuously been undertaken but reasonably requires more than forty-five (45)
calendar days to cure, then such additional amount of time as is reasonably necessary
to effect the cure, as determined by both Parties mutually and in good faith but in no
event shall such additional period exceed 120 days unless agreed to in writing by the
parties to this Agreement). In the event of a breach that is not timely cured in
accordance with this paragraph, the sum of liquidated damages shall be calculated to
include each and every day of the occurrence of the breach beginning on the date that
the City first provided written notice of such breach under this paragraph and the City
shall not be required to provide 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 6. 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 7. INDEMNIFICATION AND HOLD HARMLESS.
THE DEVELOPER, INCLUDING ITS SUCCESSORS AND ASSIGNS (THE "INDEMNIFYING
PARTY"), HEREBY COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD
HARMLESS, AND INDEMNIFY THE PROPERTY OWNERS AND 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
OTHER GOVERNING REGULATIONS; AND IT IS EXPRESSLY UNDERSTOOD THAT
SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF
CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS
OF THIS SECTION. THE INDEMNIFYING PARTY SHALL NOT, HOWEVER, BE REQUIRED
TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE
NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE
CONCURRENT NEGLIGENCE OF THE INDEMNIFYING PARTY AND THE CITY, THE
INDEMNIFYING PARTY'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION
OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING PARTY'S OWN
PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING PARTY FURTHER
COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND
INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN
OWNERSHIP INTEREST IN THE PROPERTY AS OF THE DATE HEREOF WHO HAS NOT
SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN
CONNECTION WITH: (1) THE CITY'S RELIANCE UPON ANY OF THE INDEMNIFYING
PARTIES' REPRESENTATIONS IN THIS AGREEMENT: (,2) THIS AGREEMENT OR
OWNERSHIP OF THE PROPERTY: OR (3) THE CITY'S APPROVAL OF ANY TYPE OF
DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY.
At no time shall the City have any control over or charge of the design, construction or
installation of any of the improvements to the Property or related work or undertakings, nor
the means, methods, techniques, sequences or procedures utilized for the design,
construction or installation related to same. This Agreement does not create a joint enterprise
or venture between the City and any of the Indemnified Parties. This Section 8 will survive the
termination of this Agreement.
SECTION 8. RECORDATION.
The parties may record this document in the property records of Collin County on or after
one (1) business day after City Council approval.
SECTION 9. ENTIRE AGREEMENT.
This Agreement is the entire agreement of the parties regarding the subject matter
hereto.
SECTION 10. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
SECTION 11. AUTHORITY.
Property Owner represents and warrants to the City that the Property Owner owns the Property
that this Agreement is binding and enforceable on the Property.
SECTION 12. INVALID PROVISIONS.
If any provision of this Agreement is held not valid, such provision will be deemed to be excised
there from and the invalidity thereof will not affect any of the other provisions contained herein.
SECTION 13. EFFECTIVE DATE.
This Agreement will be effective upon the Effective Date first stated herein.
[SIGNATURES TO FOLLOW]
CITY OF
In
City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the �4 day of i 0.nU , 2024,
appeared ' an known to m ' e (or proved to me) to be the person whose nameubscribed
to the foregoi g�nstru an acknowledged to me that he executed the same in his capacity
as City Manager of the City of Anna, Texas.
CJEOVANNA RUBIO
Notary Public, State of Texas =
_i;' �: Notary Public. State of Texas
=W. = Comm. Expires 10-03-2026
OF
Notary ID 133995676
ANACAPRI LAGUNA AZURE, LLC a Texas limited partnership,
By: ANACAPRI LAGUNA AZURE, LLC, Managing Partner
in
Name, title
IN WITNESS WHEREOF:
STATE OF
COUNTY OF
Before me, the undersigned notary public, on the _ day of 2024, appeared
, 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 ANACAPRI LAGUNA AZURE, LLC in its capacity
as managing partner of Anacapri Laguna Azure, LLC, a Texas limited partnership.
Notary Public, State of
EXHIBIT Ail It
PROPERTY DESCRIPTION
Anacapri, Phase 1 B — 38.822 acres
Ancapri, Phase 1 C—14.717 acres
Anacapri, Phase 2 — 66.262 acres
Anacapri, Phase 3 — 48.585 acres
Anacapri, Phase 4 — 64.604 acres
Anacapri Laguna, Block A, Lot 3 (Amenity Center) — 9.418 acres
Anacapri Laguna, Block A, Lot 4 (Multifamily) — 9.425 acres
Anacapri Laguna, Block A, Lot 5 (Multifamily) — 21.042 acres
EXHIBIT " 2"
ANACAPRI PHASES
A
i
1 A� _
Hackberry Dr �J
EXHIBIT "3"
ARCHITECT'S LETTER REGARDING THE BUILDING MATERIALS AND STYLE
ARCHITECTS
To whom may it concerns,
I am Minho Kim, Principal and Chief Design Officer at HEDK Architects. HEDK Architects has been working with
Megatel Homes on Megatel Lagoon projects, since 2020.
I would like to take an opportunity to present the architectural style that Megatel Homes would like to achieve on
their lagoon projects. The architectural style that Megatel Homes would like to propose is Caribbean style of
architecture.
We believe Caribbean style architecture promotes the overall look and feel of the lagoon communities for the best of
the resort style living experiences for the residence and tenants. It also provides a distinguished architectural
experience for the lagoon to the neighborhood communities, visitors, and the city. Caribbean style architecture
presents horizontal siding, board and batten, siding panel, rafter tail details, brackets, deep overhang, covered patio,
different types of shutters, and bright color schemes. (Please see pictures below.) We also believe Caribbean style of
architecture would accentuate the lagoon and its amenity spaces, as a feature of the community and the city.
a
'7 1
A AL
Ld I �* �Zc
INLI.rAW'
We propose using fiber cement siding materials which is fire resistant and carries a 50-year warranty. It is a very
sturdy and modern cementitious material, yet can be used in a manner that reflects true Caribbean architectural
style.
If you have any questions, comments, or concerns, please feel free to contact me anytime. I hope this letter will help
the city to understand the style and materials that Megatel Homes try to achieve in their lagoon communities.
Sincerely,
Minho Kim, NCARB, LEED AP
Principal
4595 Excel Parkway I Addison, TX 75001
P 214.520.8878 X104 I C 214.914.9723
=595 EQ EL PAPKFVA,
,1DDISON. TO/15 "001 i 1=1 78
EXHIBIT "4"
EXAMPLE GARAGE DOOR