HomeMy WebLinkAboutRes 2016-05-173 - Anna Crossing Ph 3A SIA 1st Amendment (2)CITY OF ANNA, TEXAS RESOLUTION NO. a)\tc,-05 --113 (Anna Crossing Ph. 3A SIA 1st Amendment) 1 /21 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA CROSSING, PHASE3A WHEREAS, the City of Anna, Texas (the "City") and Anna Crossing Phase llA, Ltd., ("Owner"), desire to enter into a First Agreement Amending Subdivision Improvement Agreement, Anna Crossing, Phase 3A to address the limited release of certain building
permits in connection with the construction of Anna Crossing, Phase 3A; and,
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that approval of
this Agreement will benefit the City and is in the best interests of the citizens of Anna;
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 of Agreement Amendment.
The City Council hereby approves the First Agreement Amending Subdivision Improvement
Agreement, Anna Crossing, Phase 3A attached hereto as Exhibit 1, and authorizes, ratifies
and approves the City Manager's execution of same, subject to approval and full execution
of the Fifth Agreement Amending Subdivision Improvement Agreement between the City
and Anna Crossing AMC, Ltd., attached hereto as Exhibit 2. The City Manager is hereby
authorized to execute all documents and to take all other actions necessary to finalize, act
under, and enforce this Agreement.
PASSED AND APPROVED by the City Council of the City of Anna , Texas, on this the 1 Qth
day of May, 2016.
CITY OF ANNA, TEXAS RESOLUTION N0.8of(a .::{1) ~(tb PAGE 1OF1
FIRST AGREEMENT AMEND I NG SUBDIVISION IM PROVEMENT AGREEMENT ANNA CROSSING, PHASE 3A This First Agreement Amending Subdivision Improvement Agreement, Anna Crossing, Phase 3A (this "First Amendment") is entered into between and among the City of Anna, Texas (the "City") and Anna Crossing Phase llA, Ltd . as follows: WHEREAS, Owner and the City are sometimes collectively referenced in this First Amendment as the "Parties"; and
WHEREAS, on October 15, 2015, the Parties previously entered into a Subdivision Improvement
Agreement for Anna Crossing, Phase 3A ("SIA") related to the Development of the Property; and
WHEREAS, the Parties now desire to amend the SIA to increase the number of residential building
permits that may be issued by the City; and
WHEREAS, the capitalized terms used in this First Amendment are as defined in the SIA unless
expressly set forth to the contrary herein; and
WHEREAS, it is the Parties' mutual intent that this First Amendment shall govern only the subject
matter specifically set forth herein and shall supersede any previous agreement between the Parties
and City Regulations only to the extent that any such agreements or City Regulations directly conflict
with the terms of this First Amendment; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as
follows :
SECTION 1 RECITALS INCORPORATED
The recitals set forth above are incorporated herein as if set forth i n full to furthe r describe the Parties'
intent under this First Amendment and said recitals constitute representations by Owner, Payee and
the City .
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AG REEMENT Page I 1
SECTION 2 AMENDMENT TO SECTION 4 OF THE SIA Section 4 paragraph (a) of the SIA is hereby amended as follows: a) Upon completion of the Initial Improvements, delivery of the Performance Bond to the City as described in Section 3 of this Agreement, and verification by the City that the Bond is in compliance with this Agreement, the City shall release residential building permits for not more than ~ twenty-four (24) of the lots within the Property described in Exhibit A; provided, however, that the issuance of building permits by the City under this provision shall be subject to compliance by the Owner with all other applicable City Regulations related to the issuance of
said building permits.
SECTION 3 CONFLICTS AND EFFECTIVE DATE
To the extent of any conflict between this First Amendment and the SIA, this First Amendment shall
govern. The Effective Date of this First Amendment is the date that the last of the Parties'
signatures to this First Amendment is fully and properly affixed to this First Amendment and
acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless
and until the City Council has duly adopted this First Amendment and Owner and Payee have duly
executed same.
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page I 2
Anna Crossing Phase llA, Ltd. a Texas Limited Partnership By: Anna Crossing Phase llA GP Corporation,
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY oF ..t1A( ~
~bl Before me, the undersigned notary public, on theA__ day of ~ , 2016, personally
appeared Richard M. Skorburg, known to me (or proved to me) tolJeth ~erson whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Anna Crossing Phase llA GP Corporation, in its capacity as general partner for
Anna Crossing Phase llA, Ltd.
NANCY KAY WALTZ
Notary ID# 125880572
My Commission Expires
October 18, 2018
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page I 3
CITY OF ANNA STATE OF TEXAS §
§
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the ln+~ day of \rx\.~ , 2016, personally
appeared Philip Sanders, known to me (or proved to me) to be the pers~ hose 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 and on behalf of the City of Anna.
,, ... ~~:";:,~,,, CARRIE L. SMITH !I !'f.~··· ···.;:.-;--~ Notary Public. State of Texas
s .. ~ :~; My Commission Expires I \::J.-·od<:fi'' January 2 7. 2019
''"'"'''' i
(0y 4 h~f; d . ~
7
Notary Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page I 4
·t~,1~10~2b~~~4~~' ~i!:n ·~~ l ~i~016 12 : 25 : 09 PM RL 1 / 15 CITY OF ANNA, TEXAS RESOLUTION NO. &0 \ {0 ~C6"" jl12', (Anna Town Square SIA 5th Amendment) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE FIFTH AGREEMENT AMENDING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA TOWN SQUARE WHEREAS, the City of Anna, Texas (the "City") and Anna Crossing Phase llA, Ltd., ("Owner"), desire to enter into a Fifth Agreement Amending the Subdivision Improvement Agreement for a 634 acre tract of land commonly referred to as Anna Town Square; and
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that approval of
this Agreement will benefit the City and is in the best interests of the citizens of Anna;
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 of Amendment.
The City Council of the City of Anna , Texas hereby approves the Fifth Agreement Amending
Subdivision Improvement Agreement attached hereto as Exhibit 1, and authorizes, ratifies
and approves the City Manager's execution of same. The City Manager is hereby
authorized to execute all documents and to take all other actions necessary to finalize, act
under, and enforce this Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 1 Qth
day of May, 2016.
ATTEST: APPROVED!!±::_:
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CITY OF ANNA, TEXAS
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RESOLUTION NO.cQD\(o ~ 05,, !'l °' PAGE 1OF1
/
FIFTH AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT This Fifth Agreement Amending Subdivision Improvement Agreement (this "Fifth Amendment11 ) is entered into between and among the City of Anna, Texas (the "City") and Anna Crossing AMC, Ltd., ("Payee") as follows: WHEREAS, Owner and Payee are sometimes collectively referenced in this Fifth Amendment as the "Part i es 11 ; and WHEREAS, on March 20, 2014, Parties previously entered into a Subdivision Improvement Agreement
("SIA 11
) related to the Development of the Property; and
WHEREAS, on September 11, 2014, the Parties entered into a First Ag r eement Amending Subdivision
Improvement Agreement; and ,
WHEREAS, on November 13, 2014, the Parties entered into a Second Agreement Amending Subdivision
Improvement Agreement; and,
WHEREAS, on April 22, 2015, the Parties entered into a Third Agreement Amending Subdivision
Improvement Agreement; and,
WHEREAS, on September 14, 2015, the Parties entered into a Fourth Agreement Amending Subdivision
Improvement Agreement; and,
WHEREAS, the City and Payee now desire to amend the SIA to address responsibility for certain
payments due to the North Collin Special Utility Dist r ict; and
WHEREAS, the capitalized terms used in this Fifth Amendment are as defined in the SIA unless
expressly set forth to the contrary herein; and
WHEREAS, it is the Parties ' mutual intent that this Fifth Amendment shall govern only the subject
matter specifically set forth herein and shall supersede any previous agreement between the Parties
and City Regulations only to the extent that any such agreements or City Regulations directly conflict
w ith the terms of this Fifth Amendment; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as
follows:
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 Fifth Amendment and said recitals constitute representations by Payee and the City.
FIFTH AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page I 1
SECTION 2 RESPONSIBILITY FOR CCN PAYMENTS Payee agrees to make payments to the City equal to $200 per acre for each acre that is: 1. Contained within each final plat located within the Property, and 2. Located within the North Collin Special Utility District CCN 11035 shown on Exhibit 1 attached to this Fifth Amendment. Said payments to City shall be made within sixty (60) days of City approval of a final plat. It is the Parties intent that the payments by Payee to the City described in this Fifth Amendment will be equal
to the payments required by the City under Section 2.09 of the Settlement Agreement attached hereto
as Exhibit 2.
SECTION 3 CONFLICTS AND EFFECTIVE DATE
To the extent of any conflict between this Fifth Amendment and the SIA, this Fifth Amendment shall
govern. The Effective Date of this Fifth Amendment is the date that the last of the Parties' signatures
to this Fifth Amendment is fully and properly affixed to this Fifth Amendment and acknowledged by a
public notary. The City's duties and obligations hereunder shall not arise unless and until the City
Council has duly adopted this Fifth Amendment and Payee has duly executed same.
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
FIFTH AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page I 2
PAYEE ANNA CROSSING AMC, LTD . By: Richard M. Skorb
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF b&s ~
Before me, the undersigned notary public, on th ~~y of -~ , 2016, personally
appeared Richard M . Skorburg, known to me (or proved to me) tObeth person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Anna Crossing AMC GP Corporation, in its capacity as general partner for Anna
Crossing AMC, Ltd.
NANCY KAY WALTZ
Notary ID # 125880572
My Commission Expires
October 18, 2018
FIFTH AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page I 3
CITY OF ANNA STATE OF TEXAS
COUNTY OF ~~'--§ §
§
Before me, the undersigned notary public, on the \c*~ day of j)\.~ , 2016, personally
appeared Philip Sanders, known to me (or proved to me) to be the pefS(;n:\Vhose 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. 1 • ~l
(}ewwj, d j,,~
Notary Publ i c, State of Texas
"'''''"''''' ~~~~~.' i'.~t;-.. CARRIE l. SMITH f •'( ';"~ Notary Public, State of Texas
-.,~. • .. ~~ My Commlssron Expires "•,;;,;?,(.~~;.$ January 27, 2019
FIFTH AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page I 4
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E'f-h:t b 't + l Water CCN Sserv i ce Areas -· E'.2112976 ·,CITY OF At>JNA .......... . ~ 10182 -SOUTH GRAYSON WSC E:::;:::J 10150-MARILEE SUD _,. .-EJ 10184 -VERONA WSC l'.2J 10194 -CITY OF MCKINNEY ·· 00 11014-WESTMINSTERWSC ~ 11035-NORTH COLLIN WSC ··· E:::;:::r 114s2 ' c1TY oFMEussA _. · · , , 12330 -WESTON WSC Facilities Only Water CCN Service Areas . "fli/11014-WESTMINSTERWSC . J1JU u 4000F!Mlt 1 i nch= 4 ,000 fe et
Settlement Agreement The parties c·Parties··} to this Settlement Agreement are the Cities of \kKinrn:y (··[\fr Kinney.'), \fdissa ('·[\[eJissa·'), and .'\nna (''Anna.') (collectively '"Cities·"). and :\'orth Collin Wakr Supply Corporation ('·North Collin .. ). Recitals
1.01. The Parties are involved in the following proceedings n ow pending before the
State Ofiice of Administrative Hearings CSOAI-f'): SOAH Docket Nos . 582-02-1652. 582-03-
1810, 582-03-1821. and 582-03-1824; TCEQ Docket Nos. 2001-1300-l1CR. 2001-0813-UCR.
2002-1278-UCR, and 2002-1281-UCR; styled Applications of the Cities ofJ!cKinney. Jfelissa,
and Anna and Xorth Collin TVater Supplv CoqJOration lo Amend Water CCV Nos. 1019-1-. 11-1-82.
1 :!976, 11035 and Sewer CCN Xo. ]0898 and of the City of J,/elissa to Obtain a Sewer CCV in
Coll in County (''SOAH Proceeding .. ).
1.02. In additinn, Melissa. McKinney. und North Collin are parties to Civil Action No.
4:02-CV-345~ styled City of J!elissa. Ti:xus, and City o{ .\.fcKinney. Texas v. North Collin 1-Vatcr
Supp(v C01poration and C11ited Stutes Depunmem ol Agric11/t11re. nO\v pending in the U nited
States District Comi for the:! Eastern District of Texas ('°'Federal Civil Action .. ).
l .03. The Parties acknowledge that the SOAH Proceeding and Federal Civil Action
li sted above {collectively "Litigation'') reflect bona fide disputes and controversies between the
Parties. The SOAH Proceeding regards the provision of \Yater and sevvcr service to customers in
certain areas of Collin County. Texas, and involves the authority to provide that service under
each Party's Certificate of Convenience and Necess ity (''CCN"). issued by the Texas
Commission on Environmental Quality (''TCEQ'') or predecessor agency. The Federal Civil
I
!
Action regards whether North Colliii is digiblc to obtain a loan and gr::int (''Loan .. l totaling
I
$.2,.270 ,000 from the United States Dqpartment of A.griculture c·t:SDA .. ) to frmd impron~ments
\
to North Collin's systt:m.
1.04. The Parties desire to d\'oid the further anno:ance. cost. Jelay. and uncertainty
I
::.issociat..:d \\ ith the LitiL:.:Jtion ,md 11<.n J ,1cc llrdirn.!.h ~ntcreJ into J. kttcr a!.!reenk'nt Jatt.·J October
~ \ -.. -
26. 200-t to ft.div se ttle the LitiL:.::.ttion. frhe Parties now dt:sire to further e\ iJencc that scnlcmenr
.. -' !
b\ c::.;-::cut ing this Scllkment .\gn:t:n11.:1at. Therct\m:. in 1mlcr to J'ulh and iina!l: compromist: ~ind
F1'3ge 1 of ·-l
settle all claims that h~n e been or could ha\ e been assencd. ~rnd all applications rcgarJing \\·ater and se,\er senici;: thut ha\e lx:en submitkd. in the Litigation -as \Vell as all otht?r matters in controvers y between them -the Parties hereby enter into this S.:ttlement Agreement. Terms of Agreement In full consideration of the mutual promises and agreements ctmtained in this Settkmt:'nt A.greement. including the Recitals set forth above, the Parties agree as follows:
2.0 I. l !pon approval of this Settlement Agreement by all Parties, North Collin will
transfer to the Cities, for single certification in the Cities· CCNs, certain territory within North
Coll in 's ctment CCN area that is inside the city limits or ETJ of the Cities and that the Cities
desire to stnrt serving immediately or are already serving (''Initi::d Territory'"). The initial
Territory consists of 1,933 acres to be transferred to .Melissa and 265 acres to be transferred to
McKinney, which is identified on the three maps attached to this Settlement Agreement as Area
A. If any portion of the Initial Territory includes existing customers or facilities of North Collin
that North Collin and the applicable City agree should be served or purchased by the City. the
City \"viii pay North Collin for those customers or facilities in an amount to be mutually agreed
on. subject to USDA approval.
2.02. All remaining water CCN territory of North Collin that is located within the city
limits or ETJ of the Cities and is not part of the Initial Territory. as well as all krritory adjacent
to the city limits or ETJ of one of the Cities (collectively "Remaining Territory"). will be
geographically certificated to North Collin and the applicable City for single certification by
customer class , as follows:
(a) North Collin's CCN will be amended to reflect that it will have the right
and duty to serve. pursuant to its tariff: to the exclusion of the Cities. all new customers in
the Remaining Territory except those \vho: (i) are located \Vithin the city limits of one of
the Cities as no'' or hereafter ..:xisting: (ii) request sanitary sewer servi ce and are located
in a subdivision containing lots of less than one acre: or (iii l request snnitarv se\ver
sen ice and are non-residential tracts: and
( b) each City· s \Vater CC?\ will be amended to rdlcct that it has the right and dut) to serve. pursuant to its ordinances . to the exclusion of )forth Collin. all new customers in its rcspectiYe po11ions of the R<.:maining Territory \\·ho: (i) are located \\ithin the city limits of the applicable City as now or hereafter existing: (ii) request sanitary se\vcr service and ;.ire Jocakd in a subdivi s ion containing lots of less than one acre; or (iii) request sanitary sevver service and are non-residential tracts. (c) North Collin will remain singly ce11iticakd within the corporate limits of
the To\\n of Nevv Hope and that part of North Collin·s CCN that lies within the corporate
limits and ETJ of the City of Weston as reflected on the maps attached hereto as the
--Ne'vV Hope.'\Veston Areas."' In the event that either \Veston or New Hope should
disannex any territory that is within North Collin's singly certificated area or
disincorporate, then such territory will become a part of the Remaining Territory.
The Remaining Territory is identified on the three maps attached to this Settlement Agreement as
Area B.
2.03. Territory that is currently not certificated to any Party but for which certification
has been requested by both North Collin and one of the Cities in the SOAH Proceeding
('"Requested Territory'') \Vill be certificated on the same basis as the Remaining Territory and is
identified on the maps attached to this Settlement Agreement as Area C.
2 .04. Neither North Collin nor the C ities will be permitted to take over water service to
any customers , either existing at the time the Settlement Agreement is approved or acquired as
provided herein, or to take over any facilities of the other provider in the Initial Territory,
Remaining Territory, or the Requested Territory vvithout the written agreement of both providers.
A.ny transfrr of North Collin customers or facilities must comply \vith applicable regulations of
the USDA . if any.
Page 3 .Jf ·)
:2.05. Immediately upon apprond oC this Settkrm:nt .\grecment by all Parties. the Parties\\ ill \\·ithdraw oppositi l1n to each Pany·s CC\i application consistent with thi s Sdtlemcnt .\grcement. \vithdnrn oppositilm to Anna·s and :VkLissa·s St'"er CCN <1pplications . and jointly file a motion to request that the Administrative Law Judge issue a Proposal for Decision recommending Commission approval of this Agrt!ement pursuant to Sections 1.3.2..J.8 and 13.255 of the Te:-1:as Water Code and the issuance of amended CCNs consistent herewith or, in the alternative. requesting that the A.dministratiw Law Judge remand the CCN Applications in the
SOAH Proceeding to the TCEQ"s Executive Director. The Parties agree to request that this
Settlement Agreement be incorporated into the Parties' water CCNs and issue amended CCNs to
reflect the ce11ificated areas and the customer classes that the Parties are entitled to scrYe. The
Cities and North Collin ;viii take all acts necessary to expedite the TCEQ's approval of the CCNs
contemplated in this Settlement Agreement including, but not limited to , preparation of a
proposed agreed final order for submission to the Commissioners for approval under \\later Code
§§ 13.1.48 and 13.255. and preparation of maps. fom1s, or other necessary documents. All
Parties hereto \Vai ve their rights to file a ivfotion for Reconsideration or a Motion for Rehearing
from any order entered by the TCEQ consistent \vith this Settlement Agreement.
2.06. Within ten ( l 0) business <lays of issuance of a final order by the TCEQ
transferring the Initial Territory to the appropriate Cities and approving the Settlement
Agreement, the Cities \vill withdraw their opposition to North Collin obtaining the loan and grant
from the USDA and all Parties to this Settlement Agreement vvill jointly move to dismiss the
Federal Civil Action and to release to McKinney and Melissa the $10,000 cash bond deposited
by McKinney and :V1dissa with the United States District Court in connection with the temporary
restraining order and temporary injunction issued by the United States District Court.
2.07. The Cities will place into escrov.-at a bank mutually agreeable to the Parties,
\virhin l 0 days after appmval of this Settlement Agreement by all Pm1ies. the sums to be paid by
each Cit; for scttkment and acquisition of Initial Territory as set forth in paragraph 2.08 bdO\\.
·The escro\\'Cd funds shall be released from escro\\ and paid to \forth Collin upon TCEQ's
issuance of th..:: amended CC\is and J. final order transferring the Initial TeITitory to the
.1ppropriare City .
.:'..08. The ~1mount to he placed in c s cro\\ by c:.ich City. along \vith the price for future
purchas e uLrny Remaining T'i.::rrit•Jry. is as fol lo\\ s :
Psge 4 oi l)
\1elissa -S 196.650. with a pnce of S200 per acre for future purchase of any Remaining Territory: \kKinne y -S 11.3.250. \\ith a price of S 125 per acre f<~r future purchase of any Remaining Territory: and A nna -$I 00.000. with a pncc of $200 per acre for future purchase o f any Remaining Territory . 2.09. Each City will pay North Collin the amount specified in Section 2.08 for each
acre and partial acre contained within each plat or tract \vithin 60 days of approving a final plat
\vithin the Remaining Territory or providing service for non-residential tracts that do not rcguirc
plat approval \Vithin the Remaining Territory . No payment v,ill be made to North Collin for
service by the Cities to areas located \vithin the Requested Territory.
2 . l 0. This agreement is solely for the benefit of the parties hereto. There are no third
party beneficiaries of this agreement.
2.11. The Parties hereby forever release. acquit, and discharge each other and their
respective officers. agents. attorneys. employees. successors. assigns, and representatives from
any and alt claims. demands. charges, costs of court, attorney"s foes, causes of action. liability, or
damages of \Vhatev e r nature. on any legal theory. known or unknown. past, present. or future.
that have been or could have been asserted in the Litigation. other than claims for breach of the
provisions of this Sdtlement Agreement.
2.12. In executing this Settlement Agreement the Parties acknowledge that they are not
relying on any statement or representation of any other Party regarding the matte rs in d ispute.
The Parties are relying on their own judgment and are represented by attorneys in thi s matter.
2 .13. This Settlement Agreement is a compromise of doubtful and disputed claims.
Nothing in this Settlement Agreement is an admission of liability by any Party. :ind nothing in
this S;,;ttlement Agreement may be interpreted as an admissi on of liability. Each Pany to this
Settlement ,\greement expressly denies liability to every other Part\ to this Settlement
:\.greement.
2. l ..+. This Senkment .\greement is made in accordance \\ith the laws of the State of
I exas. The Parties .1gn.-e that this Settlement .\greeme nt is gon:med b;. ,md will be construed
a nd enfcJ1-ct:d in :.iccordan ce with Texas law. Exclusive \ cnue for any lm\suit re lated in any \vay
to t his Settlem e nt .\grcem .. :nt 1s in Cullin C\i 1mty. T1..·xa s : hm\c \ er. if ihe h.t\\Suit im u h es the
enforcement by the TCEQ of any obligations under the Parties· rcspecti\·e CCNs issued by the TCEQ. \ \."nuc is in Tr:n is Coum~·. T...:xas to the: extent required by la\v. 2. ! 5. This Settlement Agreement is binding o n and inures to the benefit of the P~u-ties and their respective administrators. legal rcpr..:-sentatives. ot1lccrs. agents. employees. successors. and assigns. Any reference to l !SD . .:.\ contained in this Scttkrnent Agreement shall not be applicable unless t'SDA becomes a lender of North Collin. 2.16. This Settlement Agreement contains the entire agreement between the Parties. [t
supersedes any and all prior agreements, arrangements. or understandings bct\veen the Parties on
all subjects in any \\ay related to the transactions or occurrences described in the Litigation or in
this Settlement Agreement. No ornl understandings, statements. promises. or inducements
contrary to or consistent with the terms of this Settlement Agreement exist. This Sdtlement
Agreement is not subject to any oral modification, \Vaiver, or addition, and any modification,
waiver, or addition must be made in \.\-Ti ting and signed by all Parties. For the purpose of notice,
the addresses and fax numbers of the Parties are as follows:
North Collin
General Manager
North Collin Water Supply Corporation
2225 Hwy. 121 North
Melissa. Texas 75454
Fax no. 972-837-2930
\Vith copy to:
John Rapier
Rapier & \Vilson , P.C.
l 03 W. l'VlcDermott
Allen. Texas 75013
Skip Newsom
Fisher & Newsom. P.C.
3 724 Jefl\:-rson Street
Suire '.210
:\ustin. Texas 78731
:Vlelissa
C ity Administrator
C it' •)!' \klissa
P3gei3d •.1
P.O. Box -1-09 \leli ssa. Texas 7545-J. Fax no. 972 -83 7--t52-J. With copy to: Larry Boyd Ahernathy. Roeder. Boyd & Joplin, P.C. l 700 Redbud, Suite 300 1\IcKinney, Texas 75069
Fax no. (214) 544-4040
Ron Freeman
Freeman & Corbell. LLP
8500 Bluffstone Co ve
Suite B-104
Austin, Texas 78759
McKinney
City Ivfanager
City of TvkK inney
P.O. Box 517
NkKinney, Texas 75070
Fa.-..;: no. 972-542-0436
Anna
City Administrator
City of Anna
120 West Fourth Street
Anna. Texas 75409
Fax no. 972-92..J.-2620
With copy to:
A.rturo D . Rodriguez. Jr.
Russell. Moonrnm & Rodriguez. L.L.P.
102 \V. Momnv. Suite 103
Georgetown. Tex as 78626
Fax 0-io. (512) 930-7742
. ..\ny Party changing its address o r fax number. tor purposes t1 r· notice unJer this
Se nkrncnt. \greement. must gi'e all urher Partie s Jl leas t 15 days notice tlf the change .
PJge :-·Jf '}
2.17. This Settlement Agreement may be executed m multiple counlerpa11s. each of \\hi ch shall he deemcJ an original for all purposes. 2.18. This Senlement .\grecment has been prepared and drafted by the joint efforts t)f the n:specti n~ attorneys for each of the Parties and thus shall not be construed against any party by reason of who prepared or drafted it. 2.19 . It~ after the date of its approval, any provision of this Settlement Agreement is held to be illegaL invalid. or unenforceable under present or future lmvs effective during the term
of this Settlement Agreement, such provision(s) shall be fully severable.
2.20. The Parties agree to cooperate fully and execute any and all supplementary
documents and to take all additional actions that may be necessary or appropriate to give full
force and effect to the terms and intent of this Settlement Agreement.
2.2 l. This Settlement Agreement. including the sums to be escro\ved and paid under
paragraphs 2.07 and 2.,08. contains the entire agreement of the Parties \Vith respect to payments
required to fully settle the Litigation and any other disputes between the Parties and completely
replaces and supercedes the October 26. 2004, letter agreement among the parties. Each Party
shall therefore be responsible for and pay its own legal costs and expenses. including without
limitation attorney·s fees. expert witness fees, and professional sen:1ces foes, incurred in
connection \.Vi th the Litigation or this Settlement Agreement.
2.22. This Se ttlement Agreement is effective upon approval by the city council of each
City and the board of directors of North Collin.
' .. , . .,_ .. __ ..... _ •... , Approved : North Collin Water Supply Corporation Date ---J/....z/.j)_J::__ __ _ Positi on
City of McKinney
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P . . /f ~J ·l '".~M ··-., . os1tJon '· ' : \ / 'i\Nc6 ·«t .. -.:._
'
Date __ / ; -···)
City of Melissa
~~~~---
YV\r,, 1 · ·, Position ____ l.l......l\.&l{Ql_ __________________ _
City of Anna
Settlemen t Agreement
Filed and R corded
Off i cial Pub ic Records
Stacey Kemp , ountY Clerk
Collin Count y , TEXAS
05 /25/2016 12 : 5 :09 PM
$82.00 SCAPELA
201605250006429 0
Page 9 of9
Filed and Recorded
Official Public Records
Stacey Kemp , County Clerk
Coll1n County , TEXAS
05/25/2016 12 :32 :53 PM
$106 .00 SCAPELA
2 0 160525000642960
STACEY KEMP COUNTY CLERK Cashier Customer SC APELA CITY OF ANNA PO BOX 776 ANNA, TX 75409 COLLIN COUNTY, TEXAS STACEY KEMP 2300 Bloomdale Rd, Suite 2104 McKinney, TX 75071 Phone: 972-548-4185 Receipt for Services Batch# 1358819 Date: 05 /25 /2016 Time: 12:32:53PM
Date Instrument No Document Type Transaction Type GF Number Pg/Amt
5/25/2016 12:32:53PM 20160525000642960 RL
RL
Fee Total:
CREDIT 100138472766
Payment Total:
Total:
21
106.00
106.00
106.00
106.00
Page 1of1
Certified Pa)'.ments PAYMENT DETAILS BY BUREAU CERTIFIED PAYMENTS-PRINT RECEIPT All Transactions Approved Bureau: 6281876 -Collin County, TX Clerk M Land Invoice Item
Fees:
Payment Id: 100138472766
Total Amounts+ All Fees:
BILLING INFORMATION
Payment will be billed to :
PHILLIPS SANDERS
Card ending in ... 6847
Processed at 05/25/2016 12:34:49 PM CDT
LEGAL NOTICE
Amount Conv. Result Fee
$106.00 $2.44 Approved
$108.44
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