HomeMy WebLinkAboutRes 2020-02-684 Swaccha, LLC, Development AgreementCITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH SWACCHA, LLC RELATING TO DEVELOPMENT AND DESIGN
REGULATIONS FOR NON-RESIDENTIAL DEVELOPMENT LOCATED ON THE
EAST SIDE OF SOUTH POWELL PARKWAY, 1,090± FEET SOUTH OF WEST
WHITE STREET,
WHEREAS, Swaccha, LLC is the Property Owner of real estate located on the east side
of South Powell Parkway (State Highway 5), 1,090± feet south of West White Street
(Farm to Market Road 455); and
WHEREAS, Property Owner desires for the property to be developed as Restricted
Commercial (C-1); and
WHEREAS, Property Owner has agreed to development and design regulations should
the City approve the property to be rezoned from SF -E Single -Family Residential - Large
Lot to C-1 zoning;
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 Swaccha, LLC,
attached hereto as Exhibit 13
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 25th day of February
2020.
ATTESTED:
Carrie L. Land, City Secretary
APPROVED
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Nate Pike, Mayor
EXHIBIT " I
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of February 257
2020 ("Effective Date") between and among the City of Anna, Texas ("City") and
Swaccha, LLC ("Developer") as follows:
RECITALS
WHEREAS, the Developer is the sole owner of 4.32± acres of real property described
and depicted on Exhibit A, attached hereto (the "Property"); and,
WHEREAS, the Developer has applied to rezone the Property to allow for commercial
uses; and,
WHEREAS, the City's Planning &Zoning Commission and City Council have given the
requisite notices by publication and otherwise and have scheduled public hearings with
respect to the rezoning of the Property as required by law; and,
WHEREAS, in the case of the Property being rezoned, the City and Developer desire to
enter into a development agreement to establish development and design regulations to
ensure the use of high quality, durable materials along the State Highway 5 corridor to
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reate well designed and attractive architecture; 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
thU extent that any such City Regulations directly conflict with the terms of this 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 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 Agreement and said recitals constitute representations by
Developer and the City.
SECTION 2. DEVELOPMENT STANDARDS.
The Developer agrees to comply and to cause all builders and any other successors or
assigns to comply with the following:
A. The exterior walls (excluding doors, door frames, windows, and window frames) shall
use only stone, brick, and/or split face concrete masonry units in the construction of the
exterior facade that are visible to the public. The use of other high-quality materials for
building trim, architectural decoration, and other design elements shall not be precluded;
however, they are subject to approval by the zoning administrator and should contribute
to the overall design concept
B. At least 60% of exterior facades not visible to the public (excluding doors, door frames,
windows, and window frames) are required to be brick or rock veneer.
C. Where the function of an individual business, or the recognized identity of a brand
dictates a specific style, image, or building material associated with that company, the
masonry provision may be modified; however, the development shall maintain harmony
in terms of overall project design and appearance, and such design shall be subject to
approval by the city council after recommendation from the planning and zoning
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ommission.
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:
To City: City Manager
City of Anna
111 North Powell Parkway
PO Box 776
Anna, Texas 75409
To Property Owner: Swaccha, LLC
4613 Meadow Ridge Dr.
Plano, Texas 75093
SECTION 4. MODIFICATIONS OR TERMINATION.
This Agreement may only be modified and/or terminated as follows: (a) by mutual
agreement of Developer and City; and/or (b) unilaterally by City upon default of the
Developer. Notwithstanding the foregoing or any other provision of this Agreement, this
Agreement shall terminate and be null and void if the City does not approve—on or before
the 28th day of February, 2020—the rezoning of the Property to be zoned as C-1,
Restricted Commercial as set forth in Section 9.04.020 of the Anna City Code of
Ordinances). 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.
SECTION 5. DEFAULT.
If Developer, its heirs, successors, or assigns, subsequent owners of the Property or any
other person acquiring an interest in the Property, fails to fully comply with all the terms
and conditions included in this Agreement, City will have the following non-exclusive and
cumulative remedies.
A. Withholding of utilities or withholding or revocation of permits and other approvals
required for development and use of the Property including without limitation building
permits and certificates of occupancy.
B. The defaulting Developer, or their respective heirs, successors or assigns, subsequent
owners of the Property or any other person acquiring an interest in the Property
(collectively, the "Defaulting Developer Parties") shall be jointly and severally liable to pay
to the City the sum of $2,000 for each failure to fully comply with the development
standards set forth in Section 2 of this Agreement. The Defaulting Developer Parties shall
be liable to pay the City said $2,000 sum per day for each day that such failure to comply
occurs. The sums of money to be paid for such failure(s) is not to be considered as a
penalty, but shall be deemed, taken and treated as reasonable liquidated damages that
accrue per day that such a failure shall exist or occur. The said amounts are fixed and
agreed upon by the parties because of the impracticability and extreme difficulty of fixing
and ascertaining the actual damages the City in such event would sustain; and said
amounts are agreed to be the amounts of damages which the City would sustain.
Notwithstanding the foregoing, none of the Defaulting Developer Parties shall be liable to
pay the liquidated damages that accrue under this paragraph unless there is a breach of
any material term or condition of this Agreement and such breach remains uncured after
thirty (30) 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 thirty (30) calendar days to cure, then such additional amount of time
as is reasonably necessary to effect the cure, as determined by both Parties mutually and
in good faith but in no event shall such additional period exceed 120 days unless agreed
to in writing by the parties to this Agreement). In the event of a breach that is not timely
cured in accordance with this paragraph, the sum of liquidated damages shall be
calculated to include each and every day of the occurrence of the breach beginning on
the date that the City first provided written notice of such breach under this paragraph
and the City shall not be required to provide any subsequent written notice as to
subsequent dates or times during which such breach is repeated or continues to occur.
C. In the event of a default, the City will additionally have any and all remedies available
to it at equity or in law.
SECTION 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 will run with the land
and be binding on all subsequent Developers and owners of the Property.
SECTION 7. INDEMNIFICATION AND HOLD HARMLESS.
THE DEVELOPER AND ALL OWNERS OF THE PROPERTY INCLUDING THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS (THE "INDEMNIFYING PARTIES")
HEREBY COVENANT AND AGREE TO RELEASE DEFEND HOLD HARMLESS AND
INDEMNIFY THE CITY AND ITS OFFICERS AGENTS SERVANTS AND EMPLOYEES
FROM AND AGAINST ALL THIRD -PARTY CLAIMS SUITS JUDGMENTS DAMAGES
AND DEMANDS (TOGETHER, "CLAIMS") AGAINST THE CITY, WHETHER REAL OR
ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES
RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES AND OTHER
COSTS, ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT
OF THE INDEMNIFYING PARTIES INCLUDING THE NEGLIGENCE OR OTHER
WRONGFUL CONDUCT OF ANY OF THEIR RESPECTIVE EMPLOYEES
CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND AGENTS IN
CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC
INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS
THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY
REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR
ANY OTHER GOVERNING REGULATIONS; AND IT IS EXPRESSLY UNDERSTOOD
THAT SUCH CLAIMS SHALL EXCEPT AS MODIFIED BELOW INCLUDE CLAIMS
EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO
THE TERMS OF THIS SECTION. THE INDEMNIFYING PARTIES SHALL NOT
HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED
BY THE CITY'S SOLE NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE
CAUSED BY THE CONCURRENT NEGLIGENCE OF ANY OF THE INDEMNIFYING
PARTIES AND THE CITY, THE INDEMNIFYING PARTIES' INDEMNITY OBLIGATION
WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE
INDEMNIFYING PARTIES' OWN PERCENTAGE OF RESPONSIBILITY. THE
INDEMNIFYING PARTIES FURTHER COVENANT AND AGREE TO RELEASE
DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL
CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE
PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE
IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S RELIANCE
UPON ANY OF THE INDEMNIFYING PARTIES' REPRESENTATIONS IN THIS
AGREEMENT; (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3)
THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR
SUBMISSION WITH RESPECT TO THE PROPERTY. At no time shall the City have any
control over or charge of the design, construction or installation of any of the
improvements to the Property or related work or undertakings, nor the means, methods,
techniques, sequences or procedures utilized for the design, construction or installation
related to same. This Agreement does not create a joint enterprise or venture between
the City and any of the Indemnified Parties. This Section will survive the termination of
this Agreement.
SECTION 8. REQUIREMENT FOR RECORDATION.
Developer will record this document, including all the Exhibits, in conjunction with the
formal adoption by the City Council, and immediately provide a recorded copy to the City.
SECTION 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.
Developer represents and warrants to the City that the Developer is the sole owner of the
Property and that this Agreement is binding and enforceable as relates to the Developer
and the Property. Developer represents and warrants to City that the person signing this
Agreement has the authority to sign the Agreement on behalf of Developer.
SECTION 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. EFFECTIVE DATE.
This Agreement will be effective upon the Effective Date first stated herein.
CITY OF
By:
Ji Proce,
Manager
IN WITNESS WHEREOF
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the ��{Lr day of , 2020,
appeared Jim Proce, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the
same in his capacity as City Manager of the City of Anna, Texas.
Notary Public, State of Texas
Swaccha, LLC, a Texas limited liability company
By:
Uma Chintapal�, its Managing Member
IN WITNESS WHEREOF
STATE OF TEXAS
COUNTY OF COLLIN
CABBIE l.. SMITH
MY Notary ID # MINN
Expires February 4, 2023
r�
Before me, the undersigned notary public, on the �_ day of %}'la,���^- , 2020,
appeared Uma Chintapall known to me (or proved to me) to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he/she executed
the same in his/her capacity as Managing Member of Swaccha, LLC, a Texas limited
liability pa
c, State of Texas
ANDY TORRES
Notary ID +� 129053325
My Commission Expires
July 10, 2020
EXHIBIT A
BEING a tract of land out of the Granderson Stark Survey, Abstract Number 798, in the City of Anna,
Collin County, Texas, and being a portion of that tract of land described by deed to SWACCHA, LLC as
recorded under Document Number 20190218000166800, Official Public Records of Collin County, Texas,
(O.P.R.C.C.T.), the subject tract being more particularly described by metes and bounds as follows
(bearings are based on State Plane Coordinate System, Texas North Central Zone (4202) North American
Datum of 1983 (NAD'83)):
BEGINNING at a concrete monument found for the southwest corner of said SWACCHA tracfi and the
herein described tract, same being the northeast corner of "Parcel 143" State of Texas Department of
Transportation Right -of -Way CSJ: 0047-04-026, said point also being in the north line of Lot 1 in Block A
A Scribner Addition, an addition in the City of Anna, Collin County, Texas, according to the plat recorded
under Volume 2016, Page 442, Plat Records of Collin County, Texas, (P.R.C.C.T);
THENCE North 04 degrees p9 minutes 09 seconds East, with the west line of said SWACCHA tract, a
distance of 19.50 feet to a 5/8 inch rebar with pink cap stamped, "TXDOT SURVEY MARKER RIGHT OF
WAY MONUMENT" (hereinafter called "TXDOT") found for the south corner of "Parcel 146, Part 1" State
of Texas Department of Transportation Right -of -Way CSJ: 0047-04-026;
THENCE through the interior of said SWACCHA tract and with the east lines of said "Parcel 146, Part 1"
the following calls:
1. North 18 degrees 11 minutes 17 seconds East, a distance of 102.49 feet to a 5/$ inch rebar with
"TXDOT" cap found;
2. North 04 degrees 08 minutes 19 seconds East, a distance of 200.00 feet to a point within a tree;
3. North 11 degrees 23 minutes 19 seconds West, a distance of 92.58 feet to a 5/8 Inch rebar with
"TXDOT" cap found for the north corner of said "Parcel 146, Part 1", said point being in the west
line of said SWACCHA tract,
THENCE North 04 degrees 09 minutes 09 seconds East, with the west line of said SWACCHA tract, a
distance of 112.80 feet to a 5/8 inch rebar with "TXDOT" cap found for the southeast corner of "Parcel
146, Part 2" State of Texas Department of Transportation Right -of -Way CSJ: 0047-04-026;
THENCE North 02 degrees 13 minutes 52 seconds East, through the interior of said SWACCHA tract, and
with the east line of said "Parcel 146, Parfi 2", a distance of 141.43 feet to a S/8 inch rebar with "TXDOT"
cap found for the northeast corner thereof, same being the southeast corner of "Parcel 151" State of
Texas Department of Transportation Right -of -Way CSJ: 0047-04-026, said point also being in the
common line of said SWACCHA tract and a tract of land called "TRACT 2" as described by deed to Altice
Use, Inc. as recorded under Document Number 201812260015615801 (O.P.R.C.C.T.);
THENCE South 88 degrees 29 minutes 12 seconds East, with the common line of said SWACCHA tract
and said Altice Use tract, a distance of 303.14 feet to a 1/2 inch rebar found for the common east corner
thereof, said point being In the west line of a tract of land described by deed to the City of Anna as
recorded under Document Number 20170727000992200, (O.P.R.C.C.T.);
THENCE with the
westerly Tines of said City of Anna tract, the following calls:
1. South 02 degrees 30 minutes 00 seconds West, a distance of 167.90 feet to a 1/2 inch rebar with
pink cap found;
2. North 89 degrees 45 minutes 00 seconds West, a distance of 20.00 feet to a 1/2 inch rebar with
pink cap found;
3. South 02 degrees 30 minutes 00 seconds West, a distance of 375.00 feet to a 1/2 inch rebar with
pink cap found;
4. South 89 degrees 45 minutes 00 seconds East, a distance of 20.00 feet to a 1/2 inch rebar with
pink cap found;
5. South 02 degrees 30 minutes 00 seconds West, a distance of 114.29 feet to the southeast corner
of said SWACCHA tract, and being in the north line of said Lot 1, from which an old wood post
bears North 78 degrees East a distance of 0.30 feet;
THENCE North 89 degrees 11 minutes 29 seconds West, with the north line of said Lot 1, a distance of
317.57 feet to THE POINT OF BEGINNING and enclosing 4.326 (188,461 square feet) of land, more or
less. _. .
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JOHN H. BARTON III
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