HomeMy WebLinkAboutRes 2016-08-216 AT&T Professional Services AgreementCITY OF ANNA, TEXAS RESOLUTION NO. r2f.)jfo-03 -{)./:/; _ A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS (CITY) AND AT&T CORPORATION (OWNER), AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY. WHEREAS, the Owner owns real property located at 10795 Central Expressway, Anna, Texas 75409 (the "Property"), which is located within the City's corporate limits; and
WHEREAS, a portion of the Property is being condemned by the State of Texas for
right of way purposes; and
WHEREAS, if and after said condemnation is completed, a portion of the Property will
continue to be under Owner's ownership (the "Post-Take Property"); and
WHEREAS, the Owner anticipates that it will apply for a building permit from the City for
certain improvements to be constructed on the Post-Take Property; and
WHEREAS, the Owner desires that the City consider making certain determinations
with respect to the whether the status of the Post-Take Property will be legal
nonconforming; and
WHEREAS, such determinations would be made by the City Council of the City of Anna
("City Council"); and
WHEREAS, in making such determinations, the City Council will require information and
opinions to be provided by the City's legal counsel; and
WHEREAS, the Owner recognizes that the City has and will incur fees and associated
expenses for professional services related to the City Council's consideration of the
above-referenced determination and the Owner is willing to reimburse the City as set
forth in this Agreement; and
WHEREAS, the Owner and the City are in agreement as to an appropriate
reimbursement amount;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement The City Council hereby approves the Professional Services Agreement, attached hereto as Exhibit 1, incorporated herein for all purposes and authorizes the City Manager to execute same on behalf of the City. The Agreement is not valid unless properly executed by the City Manager. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this gth day of August, 2016.
ATIEST: ~
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City Secretary ~ L. Smith Mayor Mike Crist
PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT (this "Agreement"}, dated the 9th day of August, 2016 (the "Effective Date"}, is entered into by and between the CITY OF ANNA, TEXAS, a home-rule municipality organized under the laws of the State of Texas (the "City"}, and AT&T Corp., a corporation organized under the laws of the State of New York (the "Owner"). RECITALS: WHEREAS, the Owner owns real property located at 10795 Central Expressway, Anna,
Texas 75409 (the "Property"}, which is located within the City's corporate limits; and
WHEREAS, a portion of the Property is being condemned by the State of Texas for right
of way purposes; and
WHEREAS, if and after said condemnation is completed, a portion of the Property will
continue to be under Owner's ownership (the "Post-Take Property"); and
WHEREAS, the Owner anticipates that it will apply for a building permit from the City for
certain improvements to be constructed on the Post-Take Property; and
WHEREAS, the Owner desires that the City consider making certain determinations with
respect to the whether the status of the Post-Take Property will be legal nonconforming; and
WHEREAS, such determinations would be made by the City Council of the City of Anna
("City Council"); and
WHEREAS, in making such determinations, the City Council will require information and
opinions to be provided by the City's legal counsel; and
WHEREAS, Owner recognizes that the City has and will incur fees and associated expenses
for professional services related to the City Council's consideration of the above-referenced
determination and the Owner is willing to reimburse the City as set forth in this Agreement; and
WHEREAS, the Owner and the City are in agreement as to an appropriate reimbursement
amount;
AGREEMENT:
NOW THEREFORE, in consideration of the mutual promises set forth in this Agreement,
the City and Owner's Representative agree as follows:
1. Recitals. The representations, covenants, and recitations set forth in the foregoing
recitals and in this Agreement are material to this Agreement and are hereby
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incorporated into and made a part of this Agreement as though they were fully set forth in this paragraph. 2. Owner's Payment. Promptly following both parties' execution of this Agreement, Owner shall cause to be deposited with the City the sum of $1,500 (the "Owner Payment"). The amount representing the Owner Payment shall be nonrefundable, and shall not be contingent upon any outcome of the City Council's determinations with respect to the status of the Post -Take Property. 3. Council Determination. The City Council shall make a determination with respect to
the whether the status of the Post-Take Property will be legal nonconforming.
4. Entire Agreement; Amendment. This Agreement constitutes the entire agreement
between the Parties regarding Professional Services. This Agreement may not be
amended except by a written instrument signed by both the City and Owner's
Representative.
5. Governing Law. This Agreement shall be governed by, and construed in accordance
with, the laws of the State of Texas.
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EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE:
OWNER
AT&T Corp.
By :
______ ,its _____ _