HomeMy WebLinkAboutRes 2021-09-1002 Development Agreement with Anna Town Center Mixed Use, LLC (Parmore-Anna) RECORDEDCITY OF ANNA, TEXAS
RESOLUTION NO..2o;2 I - D 9-10o V,
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH ANNA TOWN CENTER MIXED USE, LLC RELATING TO
DEVELOPMENT AND DESIGN REGULATIONS FOR MULTIPLE -FAMILY
RESIDENCE DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF FINLEY
BOULEVARD AND FLORENCE WAY.
WHEREAS, Anna Town Center Mixed Use, LLC is the Property Owners of real estate
generally located at the at the northeast corner of Finley Boulevard and Florence Way; and
WHEREAS, Property Owners desire to rezone the subject property to allow 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 Anna Town Center
Mixed Use, 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 28th day of September
2021.
ATTESTED: APPROVED:
Carrie L. Land, City Secretary Nate Pike, Mayor
I�92iIi9076020SS5�0�lll0lW�2021 10,58:47 AM AG 1114
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of September
28, 2021 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule
municipality ("City") and Anna Town Center Mixed Use, LLC ("Property Owner") as follows:
RECITALS
WHEREAS, the Property Owner is the sole owner of 9.9t acres of real
Exhibit 1 and depicted on Exhibit 2, (the "Property"); and,
ed in
WHEREAS, Property Owner has applied to rezone the Prty tl Aqr ned
Development -Multiple -Family - High Density (PD-MF-2) to allow r ti ily e ' ences
with modified development standards; and.
WHEREAS, the City's Planning & Zoning Commission n u it ave given the
requisite notices by publication and otherwise an a e sc d led p li hearings with respect
to the rezoning of the Property as required by rydI
WHEREAS, in the case of the Property 1
enter into a development agreement to elt
that future development is appropriate foe
WHEREAS, it is the Parties' mur<d
matter specifically set forth hereiany such City Regulations direct
d, the Cand Property Owner desire to
a�el me,did design regulations to ensure
fits ' well with adjacent properties; and,
t is greement shall govern only the subject
)ersede City Regulations only to the extent that
the terms of this development agreement; and,
NOW, THEREFORE n ' er 'on of the above recitals and the mutual consideration as
reflected in a ve nt d2iiYanobligations contained herein, the sufficiency of which is
hereby ackno ed d, a rtieto agree as follows, effective as of the Effective Date:
SEOTIO&I. RECMALS INMRPORATED.
The reci s s fo a ve are incorporated herein as if set forth in full to further describe the
Parties' inte under is development agreement and said recitals constitute representations by
Property Owne , eveloper, and the City.
SECTION 2. DEVELOPMENT STANDARDS / BUILDING MATERIALS.
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
1IPage
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 not affected by this Agreement, and other
policies duly adopted by the City including without limitation any such regulations or
requirements that were affected by the passage of Texas H.B. 2439, 86(R), codified as Chapter
3000 of the Texas Government Code ("Materials and Methods Regulati which are
collectively incorporated herein as if set forth in full for all purposes; provided, ow er, to the
extent of any conflict between the requirements of Materials and Methods Regul 'on nd the
requirements of this Agreement, this Agreement shall control. For purposes re ent,
"City Regulations" mean the City's applicable development regulations in on a ec e
Date, including without limitation City Code provisions, ordinanc inclu in , tP
Nut ' i ion,
all development fees), design standards, and other policies dulW( e Ci vided,
however, that as it relates to public infrastructure for any give ph e f oject, the
applicable construction standards (including, without limitation, o b i es) shall be
those that the City has duly adopted at the time of the filin fan p ati for a preliminary
plat for that phase unless construction has not com ence i in w a approval of such
preliminary plat in which case the construction si(an>ards h be t s that the City has duly
adopted at the time that construction comme e
Nor
With respect to all structures/developme i in t P Zoning District, Property Owner
agrees to comply or to cause the bu'I r p an n ther successors or assigns to
comply with all City Regulations and th t m on ma erial requirements and all other
requirements of the Anna City Code din ces, le 9.04 Zoning Ordinance, Section
9.04.034 Supplementary District Re n , Su ecti n (e) Architectural Design Standards,
which are incorporated herein a if t fo h i f for all purposes, and with the following
standards (in the event of any c fl(, th of win listed standards shall govern).
A. All m ti-fa ildin an structures shall have at least seventy percent (70%), for the first
thr st ies f th total ter' r walls above grade level, excluding doors and windows, and
rece ed Ico a s (sh uld be allowed as plane break), constructed of masonry (brick,
stone, a-ca st e, 2er
other similar veneer material) or Stucco materials with no more than
co stin of titious siding (Hardie products).
Roo g mat nal of for buildings and structures must be architectural roof shingles, said
ingl II accompanied with a minimum 25-year warranty. Under no circumstances
sh three-t shingles be used as roofing material.
C. Accessory buildings shall use similar building and roofing materials as those used on the
primary buildings.
D. A covered entry area shall be designed at the main entry to each building.
E. A minimum of 75% of all units must have one of the following design features: a true balcony,
2 1 P a g e
stoop, or patio to create outdoor living space.
F. 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:
SEI
Any
will
Uni-
3 1 P a g e
1) Articulation of building facade,
2) Extensions to the building through bay or box windows, and other sim' r features
projecting out from the facade,
3) A horizontal change in building materials between stories of a building,
st and
and
the
To Subsequent Property Owner: JPI
600 E. Las Colinas Blvd, Suite 1800
Irving, TX 75039
Attn: Miller Sylvan
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 (i) the City does not approve the rezoning
of the Property to be zoned as Planned Development -Multiple -Family Res' a ial - High
Density (PD-MF-2), as set forth in Section 9.04 of the Anna City Code of Ordina es, " oning
Ordinance"); or (ii) if Property Owner does not transfer and convey the Prop t TDI
Affordable Housing, LLC, or its affiliate (the "Subsequent Property Owner), t la t n o
(1) year after the Effective Date. The parties acknowledge and a ee tha r oni o
Property is a legislative act and that this Agreement does not bi'V'� Cit ap ove
any proposed rezoning of the Property.
SECTION 5. DEFAULT.
If Property Owner, its heirs, successors or as g or b quen o ners of the Property,
including but not limited to the Subsequent Pr r, ail y mply with all the terms
and conditions included in this Agreement (t e " tin ity will have the following
non-exclusive and cumulative remedies./\
A. Withholding of utilities or withhg
required for development and us,
the default (but no other rionspermits and certificates cups
. n of permits and other approvals
bf the Property that is the subject of
) including without limitation building
B. The Defaulting O , o its ntti/, ccessors or assigns, or subsequent owners of
the Property I7-INS,
ly, e aulting Developer Parties") shall be liable to pay to
the th su of $ 0 or each failure to fully comply with the development
Stan rds et rth Sec n 3 of this Agreement. The Defaulting Developer Parties
shall be 'abl o y t City said $2,000 sum per day for each day that such failure
comply cc u e sums of money to be paid for such failure(s) is not to be
con 'dered s penalty, but shall be deemed, taken and treated as reasonable
li ida m es that accrue per day that such a failure shall exist or occur. The
sai oun 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
4 1 P a g e
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 r e s under
this Section 5 unless there is a breach of any material term or condition of this Agr me and
such breach remains uncured after forty-five (45) calendar days following.,P61cMeXX, wri n
notice from the City provided in accordance with this Agreement descr' i id ea
reasonable detail (or, if the cure of the breach has diligently and n uo I de ken
but reasonably requires more than forty-five (45) calendar days t e s c itional
amount of time as is reasonably necessary to effect the cure, as de rm Parties
mutually and in good faith but in no event shall such addition perio e e 0 days unless
agreed to in writing by the parties to this Agreeme .
SECTION 6. BINDING ON SUCCESSORS, G E U H THE LAND.
This Agreement will be binding upon
successors, assigns and personal
Subsequent Property Owner and its sui
Agreement will run with the land
Developers including without limi tion-
the en it of the parties' respective
m ding without limitation the
qs,And personal representatives. This
a I subsequent Property Owners and
t Property Owner.
SECTION 7. INDE=WE�RINUDING
HARMLESS.
THE PROPERTYTS SUCCESSORS ANDASSIGNS HE
"INDEMNIF IN A TYHER COVENANTS AND AGREES TO RELEASE DEFEND
HOLD HAR ES A D DEMNIFY THE CITY AND ITS OFFICIALS OFFICERS
AGEM. SER NT A MPLOYEES FROM AND AGAINST ALL THIRD -PARTY
CLA S UITS D MENTS DAMAGES AND DEMANDS AGAINST THE CITY
WHET R AL R SSERTED INCLUDING WITHOUT LIMITATION REASONABLE
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
5 1 P a g e
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 GI'rK'S SOLE
NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSep IN THE
CONCURRENT NEGLIGENCE OF THE INDEMNIFYING PARTY AND THE NDNHE
INDEMNIFYING PARTY'S INDEMNITY OBLIGATION WILL BE LIMITED A TI
OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEM IFYIN TY
PERCENTAGE OF RESPONSIBILITY. THE INDEMNIOIDG 14A44 W RIVER
W
VS AGREEMENT
AL OF ANY TYPE
DEVELOPMENT APPLICATION OR SID B IVILCIONV IT E ECT TO THE PROPERTY.
At no time shall the City have any co rol er c rge of the design, construction or
installation of any of the improvements a pe related work or undertakings, nor
the means, methods, technique ,Z n s procedures utilized for the design,
construction or installation relate t is ement does not create a joint enterprise
or venture between the City and n of the nd mnified Parties. This Section 7 will survive the
termination of this Aareenian4._
SECTION 8.
Subsequent pe ne t its sole cost will record this document, including all the
Exhi not late tha to ) business days after the transfer and conveyance of the
Prop y t the Sub q ent Property Owner and promptly provide a recorded copy to the
City.
SECTION 9. 'E+RME AGREEMENT.
This Agreement is the entire agreement of the parties regarding the subject matter
hereto.
6 1 P a g e
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 o� roperty
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 provisio wibVera
eised
there from and the invalidity thereof will not affect any of the other r i oerein.
SECTION 13. ESTOPPEL.
On or before 15 days after receipt of a written
desires to transfer its interest in the Property
deed of trust against the Property or a pr
existing or prospective mortgagee, the it
stating if, to the actual knowledge of the it e,
borrowing owner is in default under this ei
certificate and expiration of any ap g
force and effect and whether ther a y
SECTION 14. EFFECTIV,q,�A
This Agreement will 0e.,afJectN u
7 1 P a g e
fro
the Property that
y ftdC r by a mortgage or
fe o owner's interest or an
d 'ver an estoppel certificate
e c ificate, (i) the transferring or
r tice from the City executing the
; and (ii) this Agreement is in full
thereto.
the Effective Date first stated herein.
re page follows]
CITY OF ANNA
In
( Jirpkaoce, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the
appeared Jim Proce, known to me (or proved to me) to be the
to the foregoing instrument, and acknowledged to me that he
as City Manager of the City of Anna, Texas. /
d n tary public, on the 241h day of September,2021, appeared John
pr6ved to me) to be the person whose name is subscribed to the
acknowledged to me that he executed the same in his capacity as an
a Town Center Mixed Use, LLC.
8 1 P a g e
EXHIBIT "1"
PROPERTY DESCRIPTION
[see attached]
BEING a tract of land situated in the Granderson Stark Survey, Abstract No. 798, City of Anna,
Collin County, Texas and being part of a tract of land described in Special Warranty Deed with
Vendor's Lien to Anna Town Center Mixed Use LLC, recorded in Instrument No.
20150317000291340, Official Public Records of Collin County, Texas and being more particularly
described as follows:
COMMENCING at a 5/8" iron rod with plastic cap stamped "RPLS 4838" found northeast
corner of Lot 1, Block 1 Anna Crossing Addition - Phase 11 according to the p t re rded in
Instrument No. 20180914010004340 of said Official Public Records and at a point tso line
of Anna Crossing Phase 7 according to the plat recorded in Instrument No. 2018 0 _ \ 0 0
of said Official Public Records;
THENCE with the east line of said Lot 1, Block 1, South 10°25'10tiEAWs(Vf-13.Opo
a
5/8" iron rod with plastic cap stamped "RPLS 4838" found for the P N dv
THENCE departing said east line of Lot 1, Block 1 and with th out f s��a Crossing
Phase 7, the followingcourses and distances:
North 88055'50" East, a distance of 841 t a " i ro wi plastic cap stamped
"KHA" set for corner;
South 72°37'22" East, a distance 8 18 e t 5/ 'iron rod with plastic cap stamped
"KHA" set for corner in the nort a r' ht-o - ay li of 'nley Drive (an 80-foot right-of-
way) and for the southeast corn r o s na ossi hase 7;
THENCE with said northwest right -of- ine f Phlgy Drive, the following courses and
distances:
South 37033'48" West, di ance o 79 .51 feet to a 5/8" iron rod with plastic cap stamped
"KHA" set at the inn g -t ngent curve to the right having a central angle of
1 °03'23", a rad' s of 9 feet, a ord bearing and distance of South 38006'29" West,
17.70 feet;
In s th ste dire n, ith said curve to the right, an arc distance of 17.70 feet to a
5 " iron d 'th stic c stamped "KHA" set for corner;
Sout 00 '15 es a distance of 74.01 feet to a 5/8" iron rod with plastic cap stamped
"KHA" s at e b ' ning of a non -tangent cure to the right having a central angle of
°28'26", a adi s of 948.00 feet, a chord bearing and distance of South 46'15'38" West,
10 06 fee
iQ a sbtOfte erly direction, with said cure to the right, an arc distance of 107.12 feet to
an ' " c concrete set for corner;
South 49029'51" West, a distance of 32.99 feet to a 5/8" iron rod with plastic cap stamped
"KHA" set for corner at the eastern end of a right-of-way corner clip of said northwest right-
of-way line of Finley Drive and the northeast right-of-way line of Florence Way (an 80-foot
right-of-way);
THENCE with said right-of-way corner clip, North 85030'09" West, a distance of 21.17 feet to a
5/8" iron rod with plastic cap stamped "KHA" set for corner;
THENCE with said northeast right-of-way of Florence Way, the following courses and distances:
North 40°30'09" West, a distance of 79.16 feet to a 5/8" iron rod with plastic cap stamped
"KHA" set at the beginning of a tangent curve to the right having a central angle of
29"43'25", a radius of 460.00 feet, a chord bearing and distance of North 25°38'27" West,
235.97 feet;
In a northwesterly direction, with said curve to the right, an arc distance o 64 feet to
a 5/8" iron rod with plastic cap stamped "KHA" set for corner in the south e o aid Lot
1, Block 1
THENCE with said south line of Lot 1, Block 1, North 89°4247" East, a dista
point on a vault being the southeast corner of said Lot 1, Block 1;
THENCE with said east line of Lot 1, Block 1, North 10025'09" Wes, di r
the POINT OF BEGINNING and containing 9.9258 acres or 432,369 s are
Bearing system based on the Texas Coordinate S stem o 1 ociN
North American Datum of 1983.
�5. a to d
64)�eet to
Zone (4202),
EXHIBIT "2"
CONCEPT PLAN
t•_
1
[
rF
[iiir-i�
ti
r
FT
-I
as�1.
s A -
°OOi
g3j
71
o=
ALLADRIM
—A I5
m K 3=111.f 10
r ram,
) S,y
C4 po
�o
Y J. yyyyu
Y �
�4
��
eF
O
4
�a
a
q
n
o
C)
T
D z
Zmm I
➢In11 Oo
�
-Arnm��z
omb°zm'om
> O
Z Zy
ZI oD �
O OJ U)" Z 5
D
z w D Z
rn
U)
4 m
m
z
D
1j;
g�;'g I ma
s¢ [$
Na
zn
N�N
Tog
it god
i 5
$� mN
-o°
n� Tod
I T
08
iJ
� $xu
Ou
Ozl �l —xF?
Yl '€ Toa
N
rot
T09
$0
ma
v
Filed and Recorded
Official Public Records
Stacey Kemp, County Clark
Collin County, TEXAS
10/07/2021 10:58:47 AM
$78.00 DFOSTER
20211007002055580