HomeMy WebLinkAboutRes 2022-04-1142 Anna 31 Retail Dev AgreeCITY OF ANNA, TEXAS
RESOLUTION NO.eA-!: � t1 40'ot
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH ANNA 31 RETAIL, LP, RELATING TO DEVELOPMENT AND
DESIGN REGULATIONS FOR MULTIPLE -FAMILY RESIDENCE DEVELOPMENT
GENERALLY LOCATED ON THE EAST AND WEST SIDE OF THROCKMORTON
BOULEVARD, 370± FEET SOUTH OF W. WHITE STREET (FM 455).
WHEREAS, Anna 31 Retail LP, is the Property Owners of real estate generally located on
the east and west sides of Throckmorton Boulevard, 370± feet south of W. White Street
(FM 455); and
WHEREAS, Property Owners desire to rezone the subject property to allow residential
uses; and
WHEREAS, Property Owner has 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 31 Retail, LP,
attached hereto as Exhibit A, and raes 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 12th day of April 2022,
ATTESTED:
Carrie L. Land, City Secretary
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NJAPike, Mayor
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EXHIBIT "11A"
PROPERTY DESCRIPTION
Exhibit 1
PROPERTY DESCRIPTION
Being a 12.87 acre tract of land located in the Thomas Rattan Survey, Abstract Number 782, Collin
County, Texas, being a part of Lot 3, Block A of the Anna Retail Addition, recorded in Instrument Number
M220310010000970 of the Official Public Records of Collin County, Texas, (OPRCCT), said 12.87 acre
tract as determined from a survey by Kenneth Yazel, RPLS 6182 on February 28, 2022 (ground distances
are expressed in US survey feet using a projected combined scale factor of 1.000152710) and being
more particularly described as follows:
COMMMENCING at a found 5/8" iron rod having Texas Coordinate System of the North American
Datum of 1983 (2011) EPOCH 2O10, North Central Zone (4202) Grid Coordinates of Northing 7176569.4
and Easting 2552835.6, on the east right-of-way line of U.S. Highway 75 (Variable Width Right -of -Way)
and at the southwest corner of said Lot 3;
THENCE North 88 degrees 57 minutes 21 seconds East (Grid Bearings based on said Texas Coordinate
System), with the south line of said said Lot 3, a distance of 369.85 feet to the POINT OF BEGINNING of
the herein described tract;
THENCE North 01 degrees 02 minutes 37 seconds West, across said Lot 3, a distance of 508.22 feet to a
set 1/2" iron rod with a cap stamped "ypassociates.com";
THENCE North 88 degrees 57 minutes 22 seconds East, continuing across said Lot 3, a distance of 69.28
feet to a point for corner;
THENCE North 01 degrees 03 minutes 24 seconds West, continuing across said Lot 3, a distance of 24.87
feet to a point for corner from which a found 1/2" iron rod with a cap stamped "ypassociates.com" at an
angle point on the north line of said Lot 3 bears North 01 degrees 03 minutes 24 seconds West, a
distance of 26.13 feet;
THENCE North 88 degrees 52 minutes 55 seconds East, continuing across said Lot 3, a distance of 900.32
feet to a point for corner in a curve to the left having a radius of 740.00 feet and whose chord bears
South 23 degrees 38 minutes 38 seconds East, a distance of 114.66 feet;
THENCE Southeasterly, continuing across said Lot 3 with said curve to the left through a central angle of
08 degrees 53 minutes 12 seconds an arc length of 114.77 feet to a point for corner at the beginning of a
curve to the right having a radius of 660.00 feet and whose chord bears South 14 degrees 35 minutes 12
seconds East, a distance of 308.16 feet;
THENCE Southeasterly, continuing across said Lot 3 with said curve to the left through a central angle of
27 degrees 00 minutes 03 seconds an arc length of 311.03 feet to a point for corner,
THENCE South 01 degrees 05 minutes 11 seconds East, continuing across said Lot 3, a distance of 128.81
feet to a point of corner from which a found 5/8" iron rod at the southeast corner of said Lot 3 bears
North 88 degrees 57 minutes 21 seconds East, a distance of 180.20 feet;
THENCE South 88 degrees 57 minutes 21 seconds West, with the south line of said Lot 3, a distance of
1085.91 feet to the POINT OF BEGINNING and containing 12.87 acres, or 560,585 square feet of land,
more or less.
EXHIBIT 10
PROPERTY DESCRIPTION
Exhibit 1
PROPERTY DESCRIPTION
Being a 2.52 acre tract of land located in the Thomas Rattan Survey, Abstract Number 782, Collin
County, Texas, being a part of Lot 3, Block A of the Anna Retail Addition, recorded in Instrument Number
20220310010000970 of the Official Public Records of Collin County, Texas, (OPRCCT), said 2.52 acre tract
as determined from a survey by Kenneth Yazel, RPLS 6182 on February 28, 2022 (ground distances are
expressed in US survey feet using a projected combined scale factor of 1.000152710) and being more
particularly described as follows:
COMMENCING at a found 5/8" iron rod having Texas Coordinate System of the North American Datum
of 1983 (2011) EPOCH 2O10, North Central Zone (4202) Grid Coordinates of Northing 7176569.4 and
Easting 2552835.6, on the east right-of-way line of U.S. Highway 75 (Variable Width Right -of -Way) and
at the southwest corner of said Lot 3;
THENCE North 88 degrees 57 minutes 21 seconds East (Grid Bearings based on said Texas Coordinate
System), with the south line of said Lot 3, a distance of 1635.97 feet to a found 5/8" iron rod at the
southeast corner of said Lot 3;
THENCE North 02 degrees 45 minutes 07 seconds West, with the east line of said Lot 3, a distance of
59.39 feet to the POINT OF BEGINNING of the herein described tract;
THENCE South 88 degrees 57 minutes 21 seconds West, across said Lot 3, a distance of 88.00 feet to a
point for corner;
THENCE North 45 degrees 32 minutes 35 seconds West, continuing across said Lot 3, a distance of 14.97
feet to a point for corner;
THENCE North 01 degrees 05 minutes 11 seconds West, continuing across said Lot 3, a distance of 58.82
feet to a point for corner in a curve to the left having a radius of 740.00 feet and whose chord bears
North 14 degrees 35 minutes 12 seconds West, a distance of 345.51 feet;
THENCE Northwesterly, continuing across said Lot 3 with said curve to the left through a central angle of
27 degrees 00 minutes 03 seconds an arc length of 348.73 feet to a point for corner at the beginning of a
curve to the right having a radius of 656.66 feet and whose chord bears North 14 degrees 34 minutes 09
seconds West, a distance of 308.55 feet;
THENCE Northwesterly, continuing across said Lot 3 with said curve to the left through a central angle of
27 degrees 10 minutes 34 seconds an arc length of 311.46 feet to a point for corner on the north line of
said Lot 3, from which a found 1/2" iron rod with cap stamped "ypassociates.com" bears South 88
degrees 54 minutes 49 seconds Westa distance of 1272 , .
feet;
THENCE North 88 degrees 54 minutes 49 seconds East, with the north line of said Lot 3, a distance of
230.56 feet to a found 1/2" iron rod with cap stamped "ypassociates.com" at the northeast corner of
said Lot 3;
THENCE South 02 degrees 45 minutes 07 seconds East, with the east line of said Lot 3, a distance of
705.88 feet to the POINT OF BEGINNING and containing 2.52 acres, or 109,799 square feet of land,
more or less.
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DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of April 12,
2022 (the "Effective Date") between and among the City of Anna, Texas, a home -rule
municipality (the "City") and Anna 31 Retail, LP, a Texas limited partnership ("Owner") as
follows:
RECITALS
WHEREAS, the Owner is the sole owner of 15.4± acres of real property located wholly within
the City's corporate limits and described in Exhibit 1A and Exhibit 1 B and depicted on Exhibit
2, (the "Property"); and,
WHEREAS, the Property is subject to City Regulations, including without limitation the City's
zoning regulations; and,
WHEREAS, the current zoning classification of the Property is C-2 General Commercial District
(the "Original Zoning Classification"); and,
WHEREAS, Owner has applied to rezone the Property to allow for Planned Development -
Multiple -Family - High Density (PD-MF-2) to allow for multiple -family residences with modified
development standards (the "Zoning Change"); 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 event that the Property is rezoned, the City and Owner desire to enter into
this 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, 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 I. RECITALS INCORPORATED.
DEVELOPMENT AGREEMENT Page 1
The recitals set forth above are incorporated herein as if set forth in full to further describe the
Parties' intent under this Agreement and said recitals constitute representations by Owner and
the City.
SECTION 2. DEVELOPMENT STANDARDS / BUILDING MATERIALS.
A. Development and use of the Property, including, without limitation, the construction,
installation, maintenance, repair, and replacement of all buildings and all other
improvements and facilities of any kind whatsoever on and within the Property, shall be
in compliance with City Regulations unless expressly stated to the contrary in this
Agreement. It is expressly understood and to 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 Regulations"), which are collectively incorporated herein as if set forth in full for
all purposes; provided, however, to the extent of any conflict between the requirements
of Materials and Methods Regulations and the requirements of this Agreement, this
Agreement shall control. For purposes of this Agreement, "City Regulations" mean the
City's applicable development regulations in effect on the Effective Date, including without
limitation City Code provisions, ordinances (including, without limitation, all development
fees), design standards, and other policies duly adopted by the City; provided, however,
that as it relates to public infrastructure for any given phase of the Project, the applicable
construction standards (including, without limitation, uniform building codes) shall be
those that the City has duly adopted at the time of the filing of an application for a
preliminary plat for that phase unless construction has not commenced within two years
of approval of such preliminary plat in which case the construction standards shall be
those that the City has duly adopted at the time that construction commences.
B. With respect to all structures/development within the Dr) -RAC: -2 Zoning District, Owner
agrees to comply and/or to cause all other persons or entities to comply and any other
successors or assigns to comply with all City Regulations and with the masonry material
requirements and all other requirements of the Anna City Code of Ordinances, Article
9.04 Zoning Ordinance, Section 9.04.034 Supplementary District Regulations,
Subsection (e) Architectural Design Standards, which are incorporated herein as if set
forth in full for all purposes, and with the following standards (in the event of any conflict,
the following listed standards shall govern). Notwithstanding the foregoing, a Subsequent
Owner upon a Closing (as hereinafter defined) must agree in writing to assume Owner's
responsibilities set forth herein. For purposes of this Agreement the term "Subsequent
Owner" means any person or entity that acquires all or any part of the Property from
Owner or Owner's successor in title to the Property or any part thereof
Multiple -Family Residence Buildings
A. All multi -family buildings and structures shall have at least seventy percent (70%), for
DEVELOPMENT AGREEMENT Page 2
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, stone, pre -cast stone, and other similar veneer material) or Stucco
materials with no more than (30%) consisting of cementitious siding (Hardie products).
B. Roofing materials for buildings and structures must be architectural roof shingles, said
shingles shall be accompanied with a minimum 25-year warranty. Under no
circumstances shall three -tab shingles be used as roofing material.
C. Accessory buildings shall use similar bung 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:
1) true balcony, 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:
1) Articulation of building facade,
2) Extensions to the building through bay or box windows, and other similar
features projecting out from the facade,
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, dormers, chimneys, decorative
moldings or ornamental details, and
7) Roof height, pitch, ridgelines and materials shall be varied to create visual
interest and avoid repetition.
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:
DEVELOPMENT AGREEMENT Page 3
To City:
City Manager
City of Anna
111 North Powell Parkway
PO Box 776
Anna, exas 75409
T
To Owner: Anna 31 Retail, LP
c/o David E Claassen
8400 Westchester Dr,
Dallas, TX 75225
Suite
300
SECTION 4. DEADLINES, MODIFICATIONS OR TERMINATION.
A. This Agreement may only be modified and/or terminated as follows: (a) by mutual
written agreement of the City and Owner or, after a Closing (as hereinafter defined), by
a Subsequent Owner instead of Owner; and/or (b) unilaterally by City upon default of
the Owner or Subsequent 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 Zoning Change on or before the 12th day of April 2022. The parties
acknowledge and agree that the rezoning of the Property is a legislative act and that
this Agreement does not bind the City Council to approve any proposed rezoning of the
Property.
B. Owner or any Subsequent Owner shall be obligated under this Agreement to timely
meet the following deadlines:
1. Within 45 days after City Council approval of the Zoning Change, Owner will
have submitted a replat of the Property.
2. Within 180 days after the City has approved and signed the Replat, Owner shall
have submitted a site plan, landscaping plan, lighting plan, replat (showing
easements, fire lanes and utilities for the multi -family development), and civil
plans.
3. A preconstruction meeting between Owner and City staff shall occur within 60
days of final approval of the civil plans.
4. Site construction pursuant to final approved civil plans must commence within
90 days after the preconstruction meeting.
DEVELOPMENT AGREEMENT Page 4
5. Owner must submit plans and specifications for the buildings and other
improvements not part of the civil plans (the "Building Plans") no later than 150
days after civil plans are approved by the City. After the last to occur of (a)
approval of the Building Plans by the City of Anna, (b) completion of all
construction pursuant to civil plans, (c) acceptance of all civil construction and
public improvements by the City of Anna, and (d) recordation of the multi -family
development final replat, Owner must submit an application for a building permit
within 60 days thereafter (including without limitation the payment of all fees due
to the City as required to develop the Property).
6. Recordation in the Official Records of Collin County, Texas of multifamily
development final replat must occur within 420 days of commencement of site
construction.
7. Vertical construction pursuant to the Building Plans for approved structures must
commence within 120 days after the later to occur of the recordation of final
multi -family development replat and obtaining a building permit.
C. Not by way of limitation as to other material terms and conditions, the deadlines stated
above are material terms and conditions of this Agreement and any failure to meet any
of the deadlines above (each, a "Deadline Default") is a material default under this
Agreement. In addition to all other remedies that the City may enforce under this
Agreement or that is available to the City at law or in equity in the event of a Deadline
Default, the City may in its sole discretion initiate and pursue a zoning case to change
the zoning classification back to the Original Zoning Classification. In the event that the
City initiates such a zoning case after a Deadline Default, the Owner shall not oppose
the zoning case and shall be deemed to have fully and irrevocably released and waived
any claim, cause of action, litigation or other challenge or proceeding to such zoning
case on any legal basis or theory whatsoever.
SECTION 5. DEFAULT.
If Owner, its heirs, successors or assigns or any Subsequent Owner of the Property or any part
thereof fails to comply with any of the material terms and conditions included in this Agreement
(such defaulting owner referenced herein as "Defaulting Owner"), the City will have the following
non-exclusive and cumulative remedies.
A. Withholding of utilities or withholding or revocation of permits and other approvals
required for development and use of the portion of the Property that is the subject of
the default (but no other portions of the Property) including without limitation building
DEVELOPMENT AGREEMENT Page 5
permits and certificates of occupancy.
B. The Defaulting Owner shall be liable to pay to the City the sum of $2,000 for each
failure to materially comply with the development standards set forth of this
Agreement. The Defaulting Owner shall be liable to pay the City said $2,000 sum per
day for each day that such failure to comply occurs. The sums of money to be paid for
such failure(s) is not to be considered as a penalty, but shall be deemed, taken and
treated as reasonable liquidated damages that accrue per day that such a failure shall
exist or occur. The said amounts are fixed and agreed upon by the parties because
of the impracticability and extreme difficulty of fixing and ascertaining the actual
damages the City in such event would sustain; and said amounts are agreed to be the
amounts of damages which the City would sustain. In the event of a breach that is not
timely cured as set forth below, the sum of liquidated damages shall be calculated to
include each and every day of the occurrence of the breach beginning on the date that
the City first provided written notice of such breach under this paragraph and the City
shall not be required to provide any subsequent written notices as to subsequent dates
or times during which such breach is repeated or continues to occur
C. The non -defaulting party will additionally have any and all remedies available to it at
equity or in law.
Notwithstanding the foregoing, a Defaulting Owner shall not be liable for the remedies under
this section unless there is a breach of any material term or condition of this Agreement and
such breach remains uncured after 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).
SECTION 6. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND.
This Agreement will be binding upon and inure to the benefit of the parties' respective
successors, assigns and personal representatives. This Agreement runs with the land and is
binding on all subsequent owners of the Property or any portions thereof. This section shall
be construed liberally to ensure the Parties' intent that this Agreement shall be enforceable
regardless of any change of ownership of or interest in the Property. Notwithstanding anything
to the contrary in this Section 6 or elsewhere in this Agreement, if the Owner or a Subsequent
Owner (the "Transferor") conveys, assigns, or transfers its entire interest in the Property or a
DEVELOPMENT AGREEMENT Page 6
part thereof (the "transferred Property") to a Subsequent Owner (the "Transferee") who
assumes Transferor's obligations under this Agreement with respect to the transferred
Property, the Transferor shall be automatically released from its obligations under this
Agreement relating to the transferred Property subsequent to the date of transfer.
SECTION 7. INDEMNIFICATION AND HOLD HARMLESS.
THE OWNER OR ANY SUBSEQUENT OWNER OF THE PROPERTY IN THE EVENT OF A
CLOSING (THE "INDEMNIFYING PARTY") HEREBY COVENANTS AND AGREES TO
RELEASE DEFEND HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS
OFFICIALS OFFICERS AGENTS SERVANTS AND EMPLOYEES, FROM AND AGAINST
ALL THIRD -PARTY CLAIMS SUITS JUDGMENTS DAMAGES, AND DEMANDS AGAINST
THE CITY WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION
REASONABLE ATTORNEY'S FEES RELATED EXPENSES EXPERT WITNESS_FEES
CONSULTANT FEES AND OTHER COSTS (TOGETHER "CLAIMS"), ARISING OUT OF
THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTY,
INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OR OTHER WRONGFUL
CONDUCT OF ANY OF ITS EMPLOYEES CONTRACTORS SUBCONTRACTORS,
MATERIAL MEN AND AGENTS, IN CONNECTION _ WITH THE DESIGN OR
CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE STRUCTURES, OR OTHER
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 OR BY THE CITY'S WILLFUL
MISCONDUCT OR GROSS NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE
CAUSED BY THE CONCURRENT NEGLIGENCE OF THE INDEMNIFYING PARTY AND
THE CITY THE INDEMNIFYING PARTY'S INDEMNITY OBLIGATION 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 EFFECTIVE DATE WHO HAS
NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE
IN CONNECTION WITH: (1) THE CITY'S RELIANCE UPON ANY OF THE INDEMNIFYING
PARTIES' REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR
OWNERSHIP OF THE PROPERTY' OR (3) THE CITY'S APPROVAL OF ANY TYPE OF
DEVELOPMENT AGREEMENT Page 7
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 shall survive the
termination %J this Agreement.
SECTION 8. RECORDATION.
This document, including all Exhibits, may be recorded in the Official Records of Collin
County, Texas.
SECTION 9. ENTIRE AGREEMENT.
This Agreement is the entire agreement of the parties regarding the subject matter
hereto.
SECTION 10. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
SECTION 11. AUTHORITY.
Owner represents and warrants to the City that the Owner owns the Property and that this
Agreement is binding and enforceable on the Property. Owner may sell the Property or a part
thereof to a person or entity (the "Closing") prior to commencement of site construction on the
property sold, and in such event the Subsequent Owner shall be required to acknowledge and
assume all obligations, liabilities and indemnifications under this Agreement.
SECTION 12. INVALID PROVISIONS.
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. ESTOPPEL.
On or before 15 days after receipt of a written request from an owner of the Property that
desires to transfer its interest in the Property or borrow money secured by a mortgage or
deed of trust against the Property or a prospective transferee of an owner's interest or an
DEVELOPMENT AGREEMENT age
existing or prospective mortgagee, the City will execute and deliver an estoppel certificate
stating that, to the best of the City 's knowledge: (i) the transferring or borrowing owner is
not in default under this Agreement; and (ii) this Agreement is in full force and effect and
whether there are any amendments thereto.
SECTION 14. FORCE MAJEURE.
Whenever a period of time is prescribed in this Agreement for a Party (the "ActincLParty") to take
an action (other than a payment obligation), the Acting Party will not be liable or responsible for,
and there will be excluded from the computation of any such time period, the period of time (the
'Force Majeure Period") of delays caused by strikes, riots, acts of God, pandemic, enemy action,
shortages of labor or materials, war, acts of terrorism, flood, fire, explosion, unavoidable
casualty, or any other causes that are beyond the reasonable control of the Acting Party or any
of its employees, agents, or contractors, but not any economic hardship, changes in market
conditions, and insufficiency of funds ("Force Maleure"). However, a date will only be extended
by a Force Majeure Period if the Acting Party gives notice to the other Party of the occurrence
or commencement of the event that constitutes Force Majeure within ten days after the Acting
Party knows of the existence or commencement of such event, and claims (in such notice) that
such event constitutes Force Majeure. A Party that has claimed the right to temporarily suspend
its performance under this section shall provide written reports to the other Party at least once
every week detailing: (i) the extent to which the force majeure event or circumstance continue
to prevent the Party 's performance; (ii) all of the measures being employed to regain the ability
to perform; and (iii) the projected date upon which the Party will be able to resume performance,
which projected date the Parties agree and acknowledge is only an estimate and not a binding
commitment by the Party claiming force majeure.
SECTION 15. EFFECTIVE DATE.
This Agreement will be effective upon the Effective Date first stated herein.
[signature page follows]
DEVELOPMENT AGREEMENT Page
CITY OF AN
By:
Jim' PrgL;e, City Manager
IN WITN")o WHEREOF
STATE OTEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the 161g"t day of 2022,
appeared Jim Proce, known to me (or proved to me) to be the person whos6 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.
otary Public, State of Texas
Anna 31 Retail, LP, a Texas limited partnership
By: DEC Properties, L.L.C., its general
By:
David E. Claassen, its Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
CARRIE L. LAND
My Notary ID # 11419404
Expires February 4, 2023
Before me, the undersigned notary public, on the day of ,2022 appeared
David E. Claassen, known to me (or proved to me) to be the pers n whose name is subscribed
to the foregoing instrument, and acknowledged to me and verified under oath that he/she
executed the same in his/her capacity as Manager of DEC Properties, LLC, in its capacity as
General partner of Anna 31 Retail, LP.
of Texas
KYMBERLY JANE DONACHIE
My Notary ID # 12I31309066
Expires November 22, 2023
DEVELOPMENT AGREEMENT Page 10
EXHIBIT "1A"
PROPERTY DESCRIPTION
PROPERTY DESCRIPTION
Being a 2.52 acre tract of land located in the Thomas Rattan Survey, Abstract Number 7820 Collin
County, Texas, being a part of Lot 3, Block A of the Anna Retail Addition, recorded in Instrument Number
20220310010000970 of the Official Public Records of Collin County, Texas, (OPRCCT), said 2.52 acre tract
as determined from a survey by Kenneth Yazel, RPLS 6182 on February 28, 2022 (ground distances are
expressed in US survey feet using a projected combined scale factor of 1.000152710) and being more
particularly described as follows:
COMMENCING at a found 5J8" iron rod having Texas Coordinate System of the North American Datum
of 1983 (2011) EPOCH 2O10, North Central Zone (4202) Grid Coordinates of Northing 7176569.4 and
Fasting 2552835.6, on the east right-of-way line of U.S. Highway 75 (Variable Width Right -of -Way) and
at the southwest corner of said Lot 3;
THENCE
North 88
degrees 57 minutes 21 seconds East
(Grid Bearings based on
said
Texas Coordinate
System),
with the
south line of said Lot 3, a distance of
1635.97 feet to a found
5/8"
iron rod at the
southeast corner of said Lot 3;
THENCE North 02 degrees 45 minutes 07 seconds West, with the east line of said Lot 3, a distance of
59.39 feet to the POINT OF BEGINNING of the herein described tract;
THENCE South 88 degrees 57 minutes 21 seconds West, across said Lot 30 a distance of 88.00 feet to a
point for corner;
THENCE North 45 degrees 32 minutes 35 seconds West, continuing across said Lot 3, a distance of 14.97
feet to a point for corner;
THENCE North 01 degrees OS minutes 11 seconds West, continuing across said Lot 3, a distance of 58.82
feet to a point for corner in a curve to the left having a radius of 740.00 feet and whose chord bears
North 14 degrees 35 minutes 12 seconds West, a distance of 345.51 feet;
THENCE Northwesterly, continuing across said Lot 3 with said curve to the left through a central angle of
27 degrees 00 minutes 03 seconds an arc length of 348.73 feet to a point for corner at the beginning of a
curve to the right having a radius of 656.66 feet and whose chord bears North 14 degrees 34 minutes 09
seconds West, a distance of 308.55 feet;
THENCE Northwesterly, continuing across said lot 3 with said curve to the left through a central angle of
27 degrees 10 minutes 34 seconds an arc length of 311.46 feet to a point for corner on the north line of
said Lot 3, from which a found 1/2" iron rod with cap stamped "ypassociates.com" bears South 88
degrees 54 minutes 49 seconds West, a distance of 12.72 feet;
THENCE North 88 degrees 54 minutes 49 seconds East, with the north line of said Lot 3, a distance of
230.56 feet to a found 1J2" iron rod with cap stamped "ypassociates.com" at the northeast corner of
said Lot 3;
THENCE South 02 degrees 45 minutes 07 seconds East, with the east line of said Lot 3, a distance of
705.88 feet to the POINT OF BEGINNING and containing 2.52 acres, or 109,799 square feet of land,
more or less.
!t YAZEl JR
EXHIBIT "1 B"
PROPERTY DESCRIPTION
PROPERTY DESCRIPTION
Being a 12.87 acre tract of land located in the Thomas Rattan Survey, Abstract Number 782, Collin
County, Texas, being a part of Lot 3, Block A of the Anna Retail Addition, recorded in Instrument Number
20220310010000970 of the Official Public Records of Collin County, Texas, (OPRCCT), said 12.87 acre
tract as determined from a survey by Kenneth Yazel, RPLS 6182 on February 28, 2022 (ground distances
are expressed in US survey feet using a projected combined scale factor of 1.000152710) and being
more particularly described as follows:
COMMMENCING at a found 5/8" iron rod having Texas Coordinate System of the North American
Datum of 1983 (2011) EPOCH 2O10, North Central Zone (4202) Grid Coordinates of Northing 7176569.4
and Easting 2552835.6, on the east right-of4ay line of U.S. Highway 75 (Variable Width Right -of -Way)
and at the southwest corner of said Lot 3;
THENCE North 88 degrees 57 minutes 21 seconds East (Grid Bearings based on said Texas Coordinate
system), with the south line of said said Lot 3, a distance of 369.85 feet to the POINT OF BEGINNING of
the herein described tract;
THENCE North 01 degrees 02 minutes 37 seconds West, across said Lot 31 a distance of 508.22 feet to a
set 1/2" iron rod with a cap stamped "ypassociates.com";
THENCE North 88 degrees 57 minutes 22 seconds East, continuing across said Lot 3, a distance of 69.28
feet to a point for corner;
THENCE North 01 degrees 03 minutes 24 seconds West, continuing across said Lot 3, a distance of 24.87
feet to a point for corner from which a found 1/2" iron rod with a cap stamped "ypassociates.com" at an
angle point on the north line of said Lot 3 bears North 01 degrees 03 minutes 24 seconds West, a
distance of 26.13 feet;
THENCE North 88 degrees 52 minutes 55 seconds East, continuing across said Lot 3, a distance of 900.32
feet to a point for corner in a curve to the left having a radius of 740.00 feet and whose chord bears
South 23 degrees 38 minutes 38 seconds East, a distance of 114,66 feet;
THENCE Southeasterly, continuing across said Lot 3 with said curve to the left through a central angle of
08 degrees 53 minutes 12 seconds an arc length of 114.77 feet to a point for corner at the beginning of a
curve to the right having a radius of 660.00 feet and whose chord bears South 14 degrees 35 minutes 12
seconds East, a distance of 308.16 feet,
THENCE Southeasterly, continuing across said Lot 3 with said curve to the left through a central angle of
27 degrees 00 minutes 03 seconds an arc length of 311.03 feet to a point for corner;
THENCE South 01 degrees 05 minutes 11 seconds East, continuing across said Lot 3, a distance of 128.81
feet to a point of corner from which a found 5/8" iron rod at the southeast corner of said Lot 3 bears
North 88 degrees 57 minutes 21 seconds East, a distance of 180.20 feet;
THENCE South 88 degrees 57 minutes 21 seconds West, with the south line of said Lot 3, a distance of
1085.91 feet to the POINT OF BEGINNING and containing 12.87 acres, or 560,585 square feet of land,
more or less.
EXHIBIT " 2"
DEPICTION OF PROPERTY
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