HomeMy WebLinkAboutRes 2019-09-622 Development Agreement with Don, Kyle & Wendy Rollins (1220 S Powell Pkwy)ao 1 q.-c?q 6�
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH DON COLLINS ("DEVELOPER"), KYLE ROLLINS AND WENDY
ROLLINS (COLLECTIVELY, "OWNER") REGARDING DEVELOPMENT AND DESIGN
REGULATIONS FOR MULTI -FAMILY DEVELOPMENT LOCATED AT 1220 S. POWELL
PARKWAY.
WHEREAS, the Owner of property located at 1220 S. Powell Parkway desires to sell their land to
Developer; and
WHEREAS, the Owner has agreed to allow the Developer to represent them in matters
concerning their property; and,
WHEREAS, Developer desires for the property to be developed as multi -family; and
WHEREAS, Developer has agreed to design and development regulations should the city
approve the property to be rezoned from Agriculture to Multi -Family;
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 Don Collins, Kyle Rollins
and Wendy Rollins, attached hereto as Exhibit 1, 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 AND APPROVED by the City Council of the City of Anna, Texas, on this 24th day of
September 2019.
APPROVED:
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Mayor Nate Pike -
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City Secretary Carrie Smith
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DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of September 24, 2019
("Effective Date") between and among the City of Anna, Texas ("City"), Don Collins ("Developer") and
Wendy and Kyle Rollins ("Property Owner"), as follows:
RECITALS
WHEREAS, the Property Owner possesses 20.4141 acres of real property described on Exhibit A, attached
hereto (the "Property"); and,
WHEREAS, Developer is the agent of and represents Property Owner's interests regarding the development
of the property; and,
WHEREAS, at the Property Owner's request, Developer has applied to rezone the Property to a Planned
Development to allow for multi -family residential uses; 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 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 reflected in the
covenants contained herein, duties and obligations herein set forth, the sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows, effective as of and following 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 PLAN.
The Property shall be developed as conceptually described and illustrated on Exhibit B (the "Development
Plan"). The Development Plan may be amended from time to time with approval from the City's Planning &
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Zoning Commission and the City Council. Prior to any building permit being issued, a final Development Plan,
Landscape Plan, Photometric Plan and building elevations shall be approved by the City Council.
SECTION 3. DEVELOPMENT STANDARDS.
The Property Owner and Developer agree to comply and to cause all builders and any other successors or
assigns to comply with the following:
A. Development and use of the Property shall be in accordance with this Agreement and the Zoning
Ordinance. In the event of a conflict between this Agreement and the Zoning Ordinance, this
Agreement controls. This Agreement shall run with the land and shall be binding on all future owners of
the Property to the extent of their ownership. This Agreement may be recording in the official property
records of Collin County, Texas.
B. Upon approval of the City Council to rezone the property Multi -Family, if such approval shall be given,
development shall adhere to the MF -2, Multi -Family Residential zoning district set forth in Section
9.04.020 of the Zoning Ordinance.
C. The masonry and other building material and methodology requirements and all other requirements set
forth in this Agreement are strict requirements of this Agreement, and any failure to fully adhere to
same shall be a material breach of this Agreement.
D. All multi -family buildings and structures shall have at least eighty percent (80%) 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 materials with no more than (20%) consisting of cementitious
siding (Hardie products) or stucco materials.
E. Roof materials for buildings and structures must be architectural roof shingles.
F. Accessory buildings shall use similar building and roofing materials as those used on the primary
buildings.
G. Border fencing of stone or masonry construction of not less than six feet in height and not more than
eight feet in height shall be installed along the property line on any perimeter not abutting a public
street, entrance to the development or Slayter Creek. The stone or masonry wall shall have stone or
masonry columns at a maximum distance of 50 -foot centers. Fencecrete, iron, tubular steel and decay
resistant wood may be permitted with stone or masonry columns at a maximum distance of 30 -foot
centers at site plan approval by the City Council. Decay resistant wood shall be capped and be kept at
a minimum.
H. At site plan approval, the City Council may require additional landscaping and stone or masonry
screening along the street frontage.
1. Refuse containers shall be screened from view on all sides by a wall of masonry not less than eight feet
in height or by an enclosure within a building.
J. Two or more distinct building models shall be designed for projects with more than four primary
buildings.
K. A covered entry area shall be designed at the main entry to each building.
L. Four architectural design features are required on facades facing public streets, parking and common
areas. Acceptable architectural design features may include but is not limited to:
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1) Articulation of building fagade
2) Extensions to the building through covered porches, 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) Other similar design features
M. Architectural detailing, horizontal off -sets and other features shall be provided on all sides of the
building to avoid blank walls and large, monolithic masses.
N. Front elevation walls shall require a minimum of a 2 -foot offset between the relative front walls
(exclusive of exterior balconies) at a minimum of every 75 feet horizontally.
O. Roof height, pitch, ridgelines and materials shall be varied to create visual interest and avoid repetition.
SECTION 4. 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
111 North Powell Parkway
PO Box 776
Anna, Texas 75409
To Property Owner:
To Developer:
SECTION 5. MODIFICATIONS OR TERMINATION.
This Agreement may only be modified and/or terminated as follows: (a) by mutual agreement of Property
Owner, Developer and City; and/or (b) unilaterally by City upon default of the Property Owner or Developer.
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—on or before the 10th day of December, 2019—the rezoning
of the Property to be zoned as PD Planned Development District ("PD Zoning) as set forth in 9.04.029 of the
Anna City Code of Ordinances ("Zoning Ordinance") with a based zoning of MF -2 Multi -Family Residential –
High Density district as set forth in Section 9.04.020 of the Zoning Ordinance as modified by the PD Zoning.
The parties acknowledge and agree that the rezoning of the Property is a legislative act and that this
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Agreement does not bind the City Council to approve any proposed rezoning of the Property.
SECTION 6. DEFAULT.
If Property Owner or Developer, its heirs, successors or assigns, subsequent owners of the Property or any
other person acquiring an interest in the Property, fails to fully comply with all the terms and conditions
included in this Agreement, 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 Property including without limitation building permits and certificates of
occupancy.
B. The defaulting Property Owner or Developer, or their respective heirs, successors or assigns,
subsequent owners of the Property or any other person acquiring an interest in the Property
(collectively, the "Defaulting Developer Parties") shall be jointly and severally 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 City 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.
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 and Developers.
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SECTION 8. INDEMNIFICATION AND HOLD HARMLESS.
THE DEVELOPER AND THE PROPERTY OWNER INCLUDING THEIR RESPECTIVE SUCCESSORS
AND ASSIGNS (THE "INDEMNIFYING PARTIES"), HEREBY COVENANT AND AGREE TO RELEASE,
DEFEND 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 PARTIES
INCLUDING THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF THEIR RESPECTIVE
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 PARTIES 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 ANY OF THE INDEMNIFYING PARTIES
AND THE CITY THE INDEMNIFYING PARTIES' INDEMNITY OBLIGATION WILL BE LIMITED TO A
FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING PARTIES' OWN
PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING PARTIES FURTHER COVENANT AND
AGREE TO RELEASE DEFEND HOLD HARMLESS AND INDEMNIFY THE CITY AGAINST ANY AND
ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY 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 9. REQUIREMENT FOR RECORDATION.
Developer will record this document, including all the Exhibits, in conjunction with the formal adoption by
the City Council, and immediately provide a recorded copy to the City.
SECTION 10. ENTIRE AGREEMENT.
This Agreement is the entire agreement of the parties regarding the subject matter hereto.
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SECTION 11. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
SECTION 12. AUTHORITY.
Property Owner represent and warrant to the City that the Property Owner owns the Property that this
Agreement is binding and enforceable on the Property. Developer represents and warrants to City that the
person signing this Agreement has the authority to sign the Agreement on behalf of Developer.
SECTION 13. 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 14. EFFECTIVE DATE.
This Agreement will be effective upon its approval by the City Council and signed by both parties'.
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CITY OF ANNA
Jim Proce, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the day of , 2019, 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.
Notary Public, State of Texas
DEVELOPER
By:
Don Collins
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the day of , 2019, appeared Don
Collins, 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 Developer of the Property.
Notary Public, State of Texas
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PROPERTY OWNER
By:
Wendy Rollins
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the day of , 2019, appeared Wendy
Rollins, known to me (or proved to me) to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that she executed the same in her capacity as Property Owner.
Notary Public, State of Texas
MMITOTMONOMMOVINME
By:
Kyle Rollins
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the day of , 2019, appeared Kyle
Rollins, 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 Property Owner.
Notary Public, State of Texas
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EXHIBIT "A"
PROPERTY DESCRIPTION
DESCRIPTION 20.789 ACRES
SITUATED in CoiM County. Tesco, In the C. Stark survey, obsim t no. 798,
being is _oy of Port of the 12.69 a ro tract described in a dead from Dort,..
Am Fletcher ,o Kyle J. Rol'ina and Wendy Lynette R.N. , doted June 1, 2001.
corded in Zuma 4930. pogo 2384 and o w -y of the 19.67 _0 tract
described in a dead from JacUa Hum orad unada Foye No. to Kyle J. Rosins and
Wendy Lynette Bovine, dated October 23, 20D2, recorded In volume 5283, pogo
2676, bulk dead, of the COV County deed recard>, beag described by male, and
bound, os f.N.-
BEGINNING at a 1/2 -inch irarl pin found at the north-northeast comer Of
said 19.87 etre tract;
THENCE southerly with oncoat Int of sold 19.87 acre tract os fallen:
South 01.31'18' Wast, 127,88 feat to a i/2 -inch iron pin found;
South 0146'09' Wast, 98.40 feat to a 1/2 -Lath iron pin set at on
inside ea, of said 19.87 are tract;
THENCE South86' 49'45' East, With . north fine of cold 19.87 - tract,
194.25 fact to 0 1/2-1ach iron pin tet
THENCE South 05'14'09' West. with an cost line of said 19.87 acre treat,
219.46 feet to . 1/2 -inch iron pin set of on inside comer of said 19.87 etre
trIXt:
THENCE South 86'30'57' East, with a north line of sold 19.87 acre tract,
174.00 lest to a 5/8 -inch bon pin found in the wast right-of-woy fine of Slate
Highway 5, at the northwest ma ar of the M1991 acro trac((P.d 2) retarded as
clerk's file no. 20181217001525759;
THENCE no;
with the want Nna of old 0.1991 acro tract and the wort
right-of-way fine of said State Highway 5 or fall.-
South 2215'10' Weal, 17.95 feel to a 5/e inch iron pin found:
South 05'07'36" Weal, 100.03 fast to . 6/8 -loth Iron pin found;
South 11'27'45 East, 157.15 feel to a 5/8 -Inch Iron On found of the
south comer of sod 0.1991 acro to
THENCE South 0514'27' Wast, with the ..at right -d -way One of said Stole
H'ghmy 5, passing at 26.58 feel the northwest corner of the 0.1208 acro
M(z, 1) recorded as cierh's IIs no. 20181211001525750 and mallnu4y with
He
was, fine of mid 0.1208 acre troa1, to all 234.66 feat to 0 5/e-1nch Icon pin
found at the south.M mm,r of said 0.1208 acre tract:
THENCE North 77'45'41' Week 125.07 feat I. 0 5/e -inch Iron pin fount at
the
north-nostheosl corn., of the 11.226 acre tract recorded os aarKa foe rw.
201 JI016001427770;
THENCE westerly with the north fine of cold 11.226 dere tract as (ono W,:
North 76'12'+4' West, 167.71 feet to a 5/6 -inch 'von Pin found:
North 84'02'56' Wast, 286.88 feel to a 5/8 -inch Yon per found;
North 86'55'01' Wast, 1$4.22 feet to a 5/8 -inch Gen pin lound:
North 89'13'00' Wast. 234.38 feel to a 5/8 -inch Iron pin found;
THENCE South 0651'55 West, with the west fine M said 11.226 ocre tract.
220.26 fest 10 0 1/2 -inch Iron pin fount at m angle pant in the west fins of
said 11.226 -,a !mel; sem. being oa meld. corner of said 12.69 are tract;
THENCE North 70'02'12' West, with 0 south line of said 12.69 acre tract,
peering o 1/2 -'inch iron pin at at 244.60 feet end maUnuin9 in all, 287.17 feel
to o point ;a Mayr,, Creek at the mu1h9est ea- of said 12.69 acre real:
THENCE northerly gcn.roly with th. center of sold Style, Creek and with the
west fins of sad 12.69 due tract and With the wool ins of sad 19.87 acro tract
as folow.;
North 17'29'00' East, $5,52 fest
North 02'45'05' East, 60.32 feel:
North 2625'40' Eu9k 140.77 teal;
North 14'54'28' Eosf, 125.21 feat;
North 35'28'OD' East, BJ.89 feet;
North 0525'37' West, 80.29 feel;
North 48'06'46' Eoal, 65,17 (tet
North J6'42'08' toa1, 78.59 feet:
North 31'35'09' West. 102.28 feel;
North 08'39'36' East, 19.12 feet;
NOM 54'14'09' East, 112.26 foal;
North14'54'28' Wool. 111.68 feel:
North 27'37'52' East, TIIAI lost;
TH.N e.....I, With the north one of add 19.87 are tract a, faille":
SaYth 8709'17- East. passing o 1/2 -Inch iron Pin act 0l 78.0 (eat and
contbwing in alt, 277.61 to a 60d non at;
South 8741'22' Cost. 139.19 feet to a Slid nwl set:
Nwlh 88'50'10' East, 198.90 (eel to the PLACE OF BEGINNING and
containing 20.799 acre..
The above described tract -1 -eyed m the ground dad office work co.pl.ted
an leamh 29. 2019
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leeKinney, texas 75069
972-562-3959
872-512-5751 lox
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111Page
EXHIBIT "B"
CONCEPTUAL DEVELOPMENT PLAN
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