HomeMy WebLinkAboutOrdinance No. 00-1243 ORI$1NAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. gT~- /5/_q~__~
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY TO THE CITY OF THE COLONY, TEXAS; FINDING THAT
ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN
SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART
OF THE CITY AND THAT THE OWNERS AND INHABITANTS
THEREOF SHALL BE ENTITLED TO THE RIGHT AND PRIVILEGES
OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND
ORDINANCES NOW IN EFFECT AND TO BE HEREAFTER ADOPTED;
PROVIDING FOR AMENDING AND CORRECTING THE OFFICIAL
BOUNDARIES OF THE CITY AS HERETOFORE ADOPTED;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City of The Colony is a duly constituted Home Rule City and political
subdivision of the State of Texas, organized pursuant to Article XI, Section 5 of the Constitution of
the State of Texas; and
WHEREAS, at lease three of the qualified voters of the area to be annexed, more fully
described on attached Exhibit "A" hereto, which is incorporated herein by reference for all
purposes, have prepared an affidavit verifying the fact of vote and that a majority of the qualified
voters in said area had voted in favor of becoming a part of the City of The Colony, Texas, and
have filed said affidavit with the Mayor of the City of the Colony, Texas; and
WHEREAS, the City Council of the City of The Colony, Texas, pursuant to Section
43.061 of the Local Government Code, as amended, and Section 1.04 of Chapter 1 of the Home
Rule Charter of the City of The Colony has heretofore initiated annexation proceedings to annex
additional territory lying adjacent and contiguous to the City of The Colony, which territory is
described in Exhibit "A", which Exhibit is attached hereto and incorporated herein for all purposes;
and
WHEREAS, the property to be annexed is contiguous and adjacent to the city limits of the
City of The Colony and not within the boundaries of any other city; and
WHEREAS, in accordance with the Municipal Annexation Act, a service plan, attached
hereto as Exhibit "B" and incorporated herein for all purposes, was prepared by the appropriate
department of the City of The Colony and was made available for inspection and explained at the
public heatings conducted as hereinafter described; and
WHEREAS, notice of public hearings was published in a newspaper of general circulation
in the City of The Colony, and in the territory proposed to be annexed by publication at least once
in said newspaper not more than twenty (20) days nor less than ten (10) days prior to each public
heating; and
WHEREAS, two separate public heatings were conducted in accordance with Section
43.063 of the Local Government Code; and
WHEREAS, the first public hearing on said annexation was held for all interested persons
at 6:30 p.m. on the 28th day of August, 2000, in the City Council Chambers, City Hall, 6800 Main
Street, The Colony, Texas; and
WHEREAS, the second public hearing on said annexation was held for all interested
persons at 7:00 p.m. on the 11th day of September, 2000, in the City Council Chambers, City Hall,
6800 Main Street, The Colony, Texas; and
WHEREAS, the public heatings were conducted and held not more than forty (40) days
nor less than twenty (20) days prior to the institution of annexation proceedings; and
WItEREAS, institution of annexation proceedings and the presentation and introduction of
this Ordinance in such forms as it may be finally passed occurred within the periods of time
prescribed by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1. That all of the above premises are found to be tree and correct and are
incorporated into the body of this ordinance as if copied in their entirety.
Section 2. That the property described in Exhibit "A", which Exhibit is attached hereto and
incorporated herein for all purposes, be and is hereby annexed and brought within the corporate
limits of the City of The Colony, Denton County, Texas, and same made an integral part hereof.
Section 3. The service plan submitted in accordance with the Municipal Annexation Act is
hereby approved as part of this ordinance, made a part hereof and attached hereto as Exhibit "B".
Section 4. That the owners and inhabitants of the area herein annexed be entitled to all of
the rights and privileges of other citizens and property owners of said City and are hereby bound by
all acts, ordinances and all other legal action now in full force and effect and all those which may be
hereafter adopted.
Section 5. That the official map and boundaries of the City of The Colony, Texas,
heretofore adopted and amended be and is hereby amended so as to include the aforementioned
territory as part of the City of the Colony, Texas.
Section 6. That the City Manager is hereby directed and authorized to perform or cause to
be performed all acts necessary to correct the official map of the City of The Colony, Texas to add
the territory hereby annexed an required by law.
Section 7. That this ordinance shall become effective after the date of its passage.
Section 8. That the City Manager is hereby directed and authorized to file a certified copy
of this ordinance in the office of the county clerk of Denton County, Texas.
Section 9. If any section, subsection, phrase or word of this ordinance be found illegal,
invalid or unconstitutional or if any portion of said property is incapable of being annexed by the
City of The Colony, Texas, for any reason whatsoever, the adjudication shall not affect any other
section, sentence, phrase, word or provision of this ordinance or the application of any other section
sentence, phrase, word, paragraph or provision to any other person, situation or circumstances, not
shall such adjudication affect any other section, sentence, phrase, word, paragraph or provision of
any other ordinances of the City of The Colony, Texas. The City Council declares that it would
have adopted valid portions and applications of this ordinance and would have annexed the valid
property without the invalid part, and to this end the provisions of this ordinance are declared to be
severable.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas on this
the 6~ day of November, 2000.
ohn Dillard, Mayor Pro-Tem
ATTEST:
~~S~'r;tary
APPROVED AS TO FORM:
LEGAL DE,SCRIFrION
598.156 ACRES AND 5.245 ACRES
TRACT A:
BEING A 605.795 ACRE TRACT OF LAND SITUATED h-N' THE T. LUCKETT SURVEY,
ABSTRACT NO.752, BBB & CCR SURVEY, ABSTRACT NO. 182, AND THE S. PAYTON
SURVEY, ABSTRACT NO. 1009, IN THE CITY OF THE COLONY, DENTON COUNTY,
TEXAS, AND BEING ALL OF TRACT 2, A CALLED 324.084 ACRE TRACT OF LAND
CONVEYED TO WYNNWOOD PENINSULA, LTD., BY DEED RECORDED IN COUNTY
CLERKS FILE 93-R0048§21, A 56.584 ACRE TRACT OF LAN'D CONVEYED-TO
WYNNWOOD PENINSULA, LTD. BY DEED RECORDED IN COUNTY CLERKS FILE NO
93-R0087901, A 40.535 ACRE TRACT OF LAND CONVEYED BY DEED TO
WYNNWOOD PENINSULA, LTD. RECORDED IN COUNTY CLERKS FILE NO. 94-
R0089415, A 40.000 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD
PENINSULA, LTD. BY DEED RECORDED IN COUNTY CLERKS FILE NO. 95-0076009, A
42.000 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD PENINSULA, LTD. BY
DEED RECORDED IN COUNTY CLERKS FII.E NO. 97-R0086390, AND TI-tE
REMAINDER OF A CALI.RD 182.79~ ACRE TRACT OF LAND CONVEYED BY DEED TO
ROBERT E. STRIEF RECORDED IN VOLUME 574, PAGE 604, REAL PROPERTY -
RECORDS OF DENTON COUNTY, TEXAS. SAID 605.795 ACRE TRACT OF LANI~
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGLN/NING AT CORPS OF ENGINEERS (C.O.E.) MONUMENT NO. C241-2 FOUND AT
THE SOUTHWEST CORNER OF SAID 56.584 ACRE WYNNWOOD PENINSULA, LTD.
TI-[ENCI~., NORTH 01 DEGREES 26 MINUTES 52 SECONDS EAST, ALONG THE WEST
LINE OF SAID 56.584 ACRE W~NNWOOD PENINSULA, LTD. TRACT, A DISTANCE OF
1100.08 FEET TO A 3/4~ IRON ROD FOUND FOR CORNER,
THENCE, NORTH 01 DEGREES 12 MINUTES 56 SECONDS EAST, CONTINUING
ALONG THE WEST LINE OF SAID 56.584 ACRE WYNNWOOD PENINSULA, LTD.
TRACT, PASSING THE SO~T COKNF_K OF SAID 40.535 ACKE TRACT OF I_.AND
CONVEYED BY DE~-I) AT 49.89 FEET AND CONTI:NUING IN ALL A TOTAL DISTANCE
OF 865.32 FEET AIX)NG THE WEST LINE OF SAID 40.535 ACKI~ TRakCT TO A FENCE
CORNER POST FOR THE NOR'rHWEST CORNER OF SAID 40.535 ACRE TRACT;
THENCE, SOUTH 89 DEGREES 27 MINUT~ 31 SECONDS EAST, ALONG THE NORTH
LINE OF SAID 40.535 ACRE WYNNWOOD PENINSULA, LTD. TRACT, A DISTANCE OF
2141.85 FEET TO A 1/2M IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID
40.535 ACRE TRACT, SAID POINT ALSO BEING THE MOST WEBTE~Y NORTHWEST
CORNER OF THE AFORESAID 324.084 ACRE W'YNNWOOD PENINSULA, LTD. TRACT;
THENCE, ALONG THE MONUMENT PARTITION LINE BETWEEN TRACT Al, F_JCHIBIT
A, AND TRACT B2, EXH]2BIT B, DESCRIBED 12q DEED OF PARTITION, RECORDED 12'q
VOLUME 2163, PAGE 433, DEED RECORDS, DENTON COUNTY, TEXAS, AFFD BEING
THE SAlVI2E LINE AS DESC1LUBED lin DEED OF SA_i'D 32a~,08a, ACRE W'YNN'WOOD
PENINSULA, LTD., TRACT; THE FOLLOW'lNG THREE COURSES AND DISTANCES:
SOUTH 89 DEGREES 42 MYNUTES 25 SECONDS EAST, A DISTANCE OF 11 13.32
FEET TO A 1/2" IRON ROD FOUND FOR CORNER;
NORTH 00 DEGREES 44 MINUTES ]~ ]~ SECONDS EAST, A DIST.A2qCE OF 23'47.37
FEET TO A 1/2" IRON R.OD FOUND FOR CORNER;
NORTH 53 DEGREES 47 MfNUTES a5 SECONDS EAST, A DISTANCE OF 3532.09
FEET TO A 1/2" IRON ROD FOUND FOR CORNER LN TH~ SOUTH LINE OF
BOY'D ROAD AS DESCRIBED I3/DRF~ TO TIKE COUNTY OF DENTON
RECORDED IN VOLUME 400, PAGE 323, DEED RECORDS, DENTON COUNTY,
TEXAS;
THENCE, SOUTH 89 DEGREES 36 M.I3/LITES 23 SECONDS EAST, ALONG SAID SOUTH
LIY, gE OF BOYD ROAD AND TffE NORTH L]2NE OF SA.ID 324.084 ACRE TRACT, A
DISTANCE OF 1160.97 FEET TO A 1/2" IRON ROD FOUND FOR NORTHEAST CORNER
OF SA.ID TRACT IN THE WEST [flFfE OF U.S.A. TRACT G626 OF TI-]2E GAR.ZA-LI~FTLE
ELM RESERVOIR PROJECT (NOW CALLED LAKE LEWIS'VYLLE) CONMEYED BY
DEED RECORDED IN VOLUME 38]., PAGE 423, DEED RECORDS, DENTON COUNTY,
TEXAS;
22--IENCE, ALONG THE EAST L]2ffE OF SAID 324.084 ACRE TRACT AND U.S.A. TRACT
NO G-626 TH]E FOLLOWING SIX COURSES AND DISTANCES:
SOUTH 19 DEGREES 20 MINUTES 20 SECONDS EAST, PASSING C.O.E.
MONUMENT NO. 626-7 FOUND AT 27.78 FEET, AND CONTINUING IN ALL A
TOTAL DISTANCE OF 4~6.72 FEET TO C.O.E. MONUMENT NO. G626-6 FOU2qD
FOR CORNER;
SOUTH 00 DEGREES 35 ~TES 31 SECONDS WEST, A DISTANCE OF 403.72
FEET TO C.O.E. MONUMENT NO. 0626-5 FOUND FOR CORNER;
SOUTff 45 DEGREES 48 MINUTES 38 SECONDS WEST, A DISTANCE OF 219.95
FEET TO C.O.E. MONUMENT NO. G6264 FOUND FOR CORNER;
SOUTH 21 DEGREES 42 MINUTES 53 SECONDS EAST, A DISTANCE OF 504.77
FEET TO C.O.E. MONUMENT NO. G626-3 FOUND FOR CORNER;
SOUTH 64 DEGREES 44 MYNUTF_.S 03 SECONDS EAST, A DISTANCE OF 550;27
FEET TO C.O.E. MONUMENT NO. 0626-2 FOUND FOR CORNER;
SOUTH 16 DEGREES 23 MINUTES 14 SECONDS WEST, A DISTANCE OF 516.70
FEET TO C.O.E. MONUMENT NO. G626-I FOUND FOR CORNER;
THENCE, SOUTH 88 DEGREES 52 1VfllNXJ~S 21 SECONDS EAST, CON'ITNLIING ALON(]
THE SOUTI'-I LINE OF SAID U.S.A. TRACT G-626, A DISTANCE OF 180.76 FEET TO
C.O.E. MONUMENT NO. G627-1 FOUND FOR CORN'ER, SAID POINT BEING THE
NORTFrE. AST CORNER OF AFORESAID 182.79 ACRE ROBERT E. STR/EF TRACT AND
THE NORTH WEST CORNER OF U.S.A. TRACT G627 CONVEYED BY DEED
RECORDED 1N VOLUME 385, PAGE 99 AND MOD~IED BY QUIT CIAdM DEED TO E.
SMITH A.ND ORA MAE SMITH RECORDED 12q VOLLrM~ 468, PAGE 418, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS;
Tt-IENCE, ALONG THE EAST LINE OF SAID STRIEF TRACT AND THE WEST LINE OF
U.S.A. TRACT G627 THE FOLLOWING TEN COURSES AND DISTANCES;
SOUTH 32 DEGREES 43 MINUTES.30 SECONDS EAST, A DISTANCE OF 719.98
FEET TO C.O.E. MON-.IME~ NO. C_r627-2 FOUND FOR CORNER;
SOUTH 01 DEGREES 14 MINUTES 39 SECONDS WEST, A DISTANCE OF 250.36
FEET TO C.O.E. MONUMENT NO. G627-3 FOUND FOR CORNER;
NORTH 77 DEGREES 49 MINUTES 13 SECONDS WEST, A DISTANCE OF 2-50.67
FEET TO C.O.E. MONUMENT NO, G627-4 FOUND FOR CORNER;
NORTH 27 DEGREES I I MINU'FES 57 SECONDS WEST, A DISTANCE OF 277.42
FEET TO C.O.E. MONUMENT NO. G627-4A FOUND FOR CORNER, AT THE
SOUTH CORNER OF A 0.23 ACRE TRACT OF LAND CONA;E'Y~D FROM
ROBERT E. SqXI]EF TO U.S.A. BY DEED RECORDED 12,/VOLUME 2457, PAGE
193, REAL PROPERTY RECORD, DENTON COUNTY, TEXAS;
NORTH 03 DEGREES 56 MINUTES 27 SECONDS EAST, A DISTANCE OF 98.26
FEET TO C.O.E. MONUML:rNT NO. G627-4B FOUND FOR. CORNER;
NORTH 17 DEGREES 12 M/NIJTES 22 SECONDS WEST, A DISTANCE OF 117.41
FEET TO C.O.£. MONUMENT NO. G627--4C FOUND FOR CORNER;
SOUTH 74 DEGREES 15 MINUTES 55 SECONDS WEST, A DISTANCE OF 72.63
FEET TO C.O.E. MONUMENT NO. G627-4D FOUND FOR CORNE~;
NORTH 27 DEGRF. FSI I MINUTES 57 SECONDS WEST, A DISTANCE OF 148.34
FEET TO C.O.E. MONUMENT NO. G627-5 FOLrND FOR CORNER;
SOUTH I9 DEGREES 07 MINUTES 15 SECONDS WEST, A DISTANCE OF 443.35
FEET TO C.O.E. MONUMENT NO. G627-6 FOUND FOR CORNER.;
SOUTH 24 DEGREES 59 MINUTES 05 SECONDS EAST, A DISTANCE OF 499:68
FEET TO C.O.E. MONIIM~NT NO. 627-7 FOUND FOR CORNER, SAID PO ...!~.. i:'~;
BEING THE NORTHWEST CORNER OF A U.S.A. TRACT G628 CONVEYED BY
DEED RECORDED IN VOLUME 385, PAGE 99 AND MODIFIED BY QUIT ~
DEED TO E. SMITH AND ORA MAE S1VaTH RECORDED IN VOLUME 468,
418, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
TI-[ENCE, CONTINUING ALONG THE EAST LINE OF SAID STRIEF TRACT AND THE
WEST LINE OF SAID U.S.A. TRACT G628 THE FOLLOWING THREE COURSES AND
DISTANCES:
SOUTH 30 DEGREES 03 ~'I'ES 06 SECONDS WEST, A DISTANCE OF 393.89
FEET TO C.O.E. MONUM]~NT NO. G628-2 FOUND FOR CORNER.;
SOUTI-~ 47 DEGRLEES 31 MINUTES' 21 SECONDS WEST, A DISTANCE OF
103g.8! FEET TO C.O.E. MONUMENT NO. G628-3 FOUND FOR CORNER;
SOUTH 14 DEGREES 19 MINUTES 34 SECONDS WEST, A DISTANCE O1~ 196.63
FEET TO C.O.E. MONUMENT NO. G628--a FOUND FOR CORNER IN THE SOUTH
LINE OF SA.ED STKIEF TRACT;
THENCE, NORTFI 88 DEGREES 23 ~vffNUTES 26 SECONDS WEST, ALONG THE SOUTH
L~N'E OF SAID STRIEF TRACT A DISTANCE OF 375.97 FEET TO A 5/8" IRON ROD
WITH PLASTIC CAP STAM?ED "CARTER & BURGESS" SET FOR CORNER;
THENCE, CONTINUING ALONG SA. ID SOUTH IS2qE AND TI--IE NORTHWESTERLY
LINE OF U.S.A. TRACT G628, THE FOLLOWh-NG TWO COURSES AND DISTANCE:
NORTH 43 DEGR3EES z~t MINUTES 52 SECONDS WEST, A DISTANCE OF 148.52
FEET TO THE REMAINS OF C.O.E. MONUMENT NO. G628-6 FOUNI3 FOR
CORNER;
SOUTH 09 DEGREES 08 MINUTES [4 SECONDS WEST, A DISTANCE OF 113.2[
FEET TO A I/2" IRON ROD FOUND FOR CORNER IN TI"IE SOUTH LINE OF S^ IT~
STR.EEF TRACT;
THENCE, NORTH 88 DEGKEBS 56 MINUTES O0 SECONDS WEST, CONT~rUING
ALONG THE-SAID sOUTH LINE OF STRIEF TRACT, A DISTANCE OF 2.85 FEET TO ,4.
5/8" IR.ON ROD WITH PLASTIC CAP STAMPED "CARTER. & BURGESS" SET FOR
CORNER IN THE SOU~TERLY LINE OF AFORESAID 324.084 ACRE WYNNWOOD
PENINSULA, LTD., TRACT AND THE NORTHW'ES~RLY LINE OF U.S,A. TRACT NO
C'608 CONVEYED BY CONDEMNATION DEED RECORDED IN VOLUME 384, PAGE 162
AND MODIFIED BY QUIT CLAIM DEED TO O.N. SEAGRAVES, ET UX RECORDED IN
VOLUME 465, PAGE 694, DEED RECORDS, DENTON COI, YNTY, TEXAS;
THENCE, ALONG SAID SOUTHEASTERLY LINE OF 324.084 ACRE TRACT AND SA.ID
NORTHWESTERLY LINE OF U.S.A. TRACT G608 TI'[E FOLLOWING SEV~N COURSES
A~XfD DISTANCES:
SOUTH 42 DEGI~F. FS 33 MINUTES 37 SECONDS W'EST, A DISTANCE OF 337.43
FEET TO C.O.E. MONUlvI'E~ NO. G608-10 FOUND FOR CORNER;
SOUTH 15 DEGREES 59 MINUTES 41 SECONDS WEST, A DISTANCE OF 199.68
FEET TO C.O.E. MONUMENT NO. G608-9 FOUND FOR CORN'ER;
NORTH 83 DEGREES 16 MINUTES 00 SECONDS W'EST, A DISTANCE OF 199.79
FEET TO C.O.E. MONUMENT NO. G608-8 FOUND FOR CORNER;
SOUTH 20 DEGREES 15 MEN-UTES 25 SECONDS WEST, A DISTANCE OF 230.29
FEET TO C.O.E. MONUMENT NO. G608-7 FOUND FOR CORNER;
NORTH 31 DEGREES 01 Mh'XRJTES 55 SECONDS WEST, A DISTANCE OF 559.t4
FEET TO C.O.E. MONI_Dd.E~ NO. G608-6 FOUND FOR CORNER.;
NORTH 53 DEGRt:J~S 42 MINLrTES 38 SECONDS WEST, A DISTANCE OF 119.89
FEET TO C.O.E. MONUMENT NO. G608-5 FOUN'D FOR CORNER;
SOUTH 04 DEGREES 23 MINU/3~S I I SECONDS WEST, A DISTANCE OF 50.81
FEET TO C.O.E. MONIJ'M2EN~ NO. 603-2-3 FOUND FOR CORNER SAID POrNT
BEING THE NORTH EAST CORNER OF U.S.A. TRACT NO. G603-2 CONVEYED
BY CONDEMNATION DEED RECORDED IN VOLUNfE 383, PAGE 30 AND
MODIFIED BY QUIT CLAIM DEED LEONARD V. GLrMM, ET AL RECORDED [lq
VOLUME 419, PAGE 46, DEED RECORDS, DENTON COUNTY, TEXAS;
THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LI2q'E OF 324.084 ACRE
TRACT AND THE NORTH AND 'WEST LINES OF SAID U.S..A. TRACT NO. G603-2 THE
FOLLOWING TWO COURSES AND DISTANCES:
NORTH 68 DEGREES 44 MINUTES 45 SECONDS WEST, A DISTANCE OF 300.21
FEET TO C.O.E. MONUMENT NO. 0603-2-2 FOUND FOR CORNER;
SOUTH 18 DEGREES 14 MINUTES 44 SECONDS F.,AST, A DISTANCE OF 850.05
FEET TO C.O.E. MONUMENT NO. G603-2-1 FOUND FOR CORNER;
TPIF_.NCE, SOUTH 01 DEGII~]::S 03 MINUTES 59 SECONDS WEST, ALONG
CONTINUING ALONG THE SAID SOUTHEASTERLY LINE OF SAID 324.08a ACRE
TRACT, .4. DISTANCE OF 188.40 FEET TO C.O.E. MONIJ3,a~ NO. G603-1-13 FOUND
FOR. CORNER, Sg rD POINT BEING TI-IE NORTHEAST CORNER OF U.S.A. TRACT NO
G603-1 CONVEYED BY CONDEMNATION DEED RECORDED IN VOLLrME 383, PAGE
30 AND MODIFIED BY QUIT CLAIM DEED TO LEONARD V, GU'MM, ET AL
RECORDED IN VOLUqvfE 419, PAGE 46, DEED RECORDS, DENTON COUNTY, TEXAS:
THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE AND THE
NORTHWESTERLY LINE OF SAID U.S.A. TRACT NO. G603-1 TI-IF_, FOLLOWING
TWELVE COURSES AND DISTANCES:
DIo
NORTH 70 DEGREES 47 M:INUTES 04 SEcoNDs WEST, A DISTANCE OF 699.72
FEET TO C.O.E. MONUMENT NO. G603-1-12 FOUND FOR CORNER;
SOUTH 20 DEGREES 17 MINUTES I I SECONDS EAST, A DISTANCE OF 775.43
FEET TO C.O.E. MONUMENT NO. G603-1-[ 1 FOUND FOR CORNER:
SOUTH 48 DEGREES [9 MINUTES 12 SECONDS WEST, A DISTANCE OF 700.08
FEET TO C.O.E. MONUME~ NO. G603 - 1 - 10 FOUND FOR CORN'ER;
SOUTH 89 DEGREES 03 MINUTES 12 SECONDS WEST, A DISTANCE OF 330.13
FEET TO C.O.E. MONUN~NT NO, G603-1-9 FOUND FOR CORNER;
NORTH 42 DEGREES 06 MI:NUTES 31 SECONDS WEST, A DISTANCE OF 499.78
FEET TO C.O.E. MONUMENT NO. G603-1-8 FOUND FOR. CORNER.;
NORTH 75 DEGREES 21 M]:NUTES 37 SECONDS WEST, A DISTANCE OF 399.88
FEET TO C.O,E. MO~ NO. G603-1-7 FOUND FOR CORNER;
SOUTH 25 DEGREES 3 ! MINLFFES 53 SECONDS EAST, A DISTANCE OF 460.27
FEET TO C.O.E. MONUMEI',fT NO. G603-1-6 FOUND FOR CORN'ER;
SOUTH 83 DEGREES 46 MINUTES 49 SECONDS WEST, A DISTANCE OF 450.32
FEET TO C.O.E. MONUMENT NO. G603-1-5 FOUND FOR COR/qE~
NORTH 23 DEGREES 47 MINLr~S 57 SECONDS EAST, A DISTANCE OF 300.02
FEET TO C.O.F.. MONUMENT NO. G603-1-4 FOUND FOR CORNER;
NORTH 45 DEGREES 50 MINUTES 26 SECONDS WEST, A DISTANCE OF 375.20
FEET TO C.O.E. MON'UNfF_NT NO. G603-1-3 FOUND FOR CORNER;
NORTH 18 DEGREES 18 MINUTES 20 SECONDS WEST, A DISTANCE OF 799.87
FEET TO C.O.E. MONUMENT NO. G603-1-2 FOUND FOR COR.NE~
SOL/TH 06 DEGREES 02 ~ 45 SECONDS WEST, A DISTANCE OF 1374.8[
FEET TO C.O.E. MONUMENT NO. G603-I-[ FOUND FOR. CORNER IN THZ
SOUTH LI2qE OF SAID 324.084 ACRE TRACT;
~CE, NORTFI 89 DEGREES 19 MINI. JTES 24 SECONDS WEST, A.LONG SAiD SOUTH
LINE, PASSING C.O.E. MONUMENT NO. C_r607-1 AT 539.98 FEET AND CONTINUING IN
ALL A TOTAL DISTANCE OF 559.96 FEET TO A 1/2' IRON ROD FOUND FOR CORNER,
SAID POINT BEING THE SOUTH'WEST CORN'ER OF SAID 3'24.084 AGILE WYNN'WOOD
PENINS~ LTD., TRACT;
THENCE, NORTH 01 DEGREES 01 MINUTES 30 SECONDS EAST, ALONG THE WEST
LINE OF SAID 324.08,¢ ACRE TRACT, PASSING A 1/2" IRON ROD FOUND AT 132.80
FEET AND CONTINUING [N ALL A TOTAL DISTANCE OF 136.52 FEET TO A 5/8" IRON
· Pit
ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS'' SET FOR CORNER.; SAID
CORNER BEING THE SOUTHEAST CORNER OF AFORESAID 56.584 ACRE
WYNNWOOD PENINSULA, LTD. TRACr;
THENCE, NORTH 89 DEGREES 10 M/NUTES 23 SECONDS WEST, ALONG THE SOUTH
LINE OF SAID 56.584 ACRE TRACT, A DISTANCE OF 2153.69 FEET TO THE POINT OF
BEGINNING AND CONTAINING 605.795 ACRES OF LAND, MORE OR LESS.
SAVE AND EXCEPT TRACT A:
LESS A I0 FOOT WIDE STRIP OF LAND ADJACENT AND PARALLEL TO THE
BOUNT)ARY OF THE ABOVE DESCRIBED PROPERTY AND BEING 7.639 ACRES OF
LAN]D. LEA'gl]NO A NET ACREAGE OF 598. I56 ACI:~S OF LAND.
BEING A 5.707 ACRE TRACT OF LAND SITUATED IN THE BBB & CCR SURVEY,
ABSTRACT NO. [ 82, IN THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, AND
BEING ALL OF TRACT 1, 5.704 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD
PENh-NSULA,.LTD., BY DEED RECORDED IN COUNTY CLERKS FILE 93-ROO48821,
REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SA.rD 5.707 ACRE TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBD BY METES AND BOUNIJ$ AS
FOLLOWS:
BEGI3/NING AT A 5/8" IRON ROD WITH PLA3TIC CAP STAMPED "CARTER &
BURGESS' SET FOR THE NORTHWEST CORNER OF SAID 5.707 ACRE WYNNWOOD
PENINSUI~, LTD. TRACT, SAID POINT BEING IN THE OCCU'P~D SOUTH LINE OF
BOYD ROAD AS CONVEYED BY DEED TO THE COUNTY OF DENTON RECORDED IN
VOLUME 400, PAGE 323, DEED RECORDS, DENTON COUNTY TEXAS, SAID COP,.N'ER
BEARS NORTH 89 DEGREES 24 MINUTES 17 SECONDS EAST 467.96 FEET FROM A
1/2" IRON ROD FOUND FOR THE NORTHEAST CORNER OF A 324.084 AC1LE TRACT
OF LAND CONVEYED BY DEED TO WYNNWOOD PENINSULA, LTD. RECORDED IN
SAID COLrNTY CLERKS FILE 93-R0048821, REAL PROPERTY RECORDS, DENTON
COUNWY, TEXAS;
THENCE, SOUTH 89 DEGREES 20 MINUTES 59 SECONDS EAST, ALONG s3, rB SOUTH
LINE AND ~ NORTH LINE OF SAFO 5.707 ACRE TRACT, A DISTANCE OF 390.20
FEET TO A 5/8" IR. ON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS" SET
FOR CORNER4
THENCE, SOUTI4 1~9 DEGREES 12 MINUTES 44 SECONDS EAST, CON'ITN-kJ]]qG ALONG
SAID SOUTH LINE AIN'D TI4E NORTH LINE OF SAID 5.707 ACRE TRACT, A DISTANCE
OF 229.80 FEET TO A FENCE CORNER POST FOR CORNER;
THENCE, SOUTH 08 DEGREES 02 MINUTES 19 SECONDS WEST, ALONG TIq~
NORTHERLY LINE OF U.S.A. TRACT G626 OF THE GARZA-LITTLE ELM RESERVOIR
__ p
PROTECT (NOW CALLED LA32E LEWISVILLE) CONVEYED BY DEED RECORDED IN
VOLUME 3 8 1, PAGE 423, DEED RECORDS, DENTON COUNTY, TEXAS; A DISTANCE
OF 497.20 FEET TO C.O.E MONUMENT NO. 626-1 0 FOUND FOR CORNER;
THENCE, SOUTH 76 DEGREES 03 MI2qUTES 46 SECONDS WEST, CONTINUING
ALONG SAB3 NORTt-EE~Y LINE, A DISTANCE OF 309.51 TO A 5/8" IRON ROD WITH
PLASTIC CAP STAMPED "CARTER & BURGESS" SET FOR CORNER 2 FEET SOUTH OF
AND 2.5 FEET WEST OF A FENCE CORNER POST;
THENCE, NORTH 23 DEGREES 31 MZNUTES 15 SECONDS WEST, CONTINUING
ALONG SAD NORTHERLY LINE, A DISTANCE OF 626.50 FEET TO THE POINT OF
BEGINNING AND CONTAINING 5.707 ACRES OF LAND, MORE OR LESS.
SAVE AaN'D EXCEPT TRACT B:
LESS A 10 FOOT WTDE STRIP OF LAND ADJACENT AND PARALLEL TO TIffE
BOUNDARY OF TI-EE A_BOV'E DESCRLBED PROPERTY AND BEING 0.462 ACRES OF
LAND. LEAVING A N'ET ACREAGE OF 5.2a5 ACRES OF LAND.
EXHIBIT B
CITY OF THE COLONY
DEVELOPER'S AGREEMENT
PREAMBLE
The governing body of the City conducted a hearing on the advisability of disannexing
the area described by metes and bounds, attached hereto as Exhibit "B," on July 3, 2000.
RECITALS
WHEREAS, this Agreement is made and entered into as o£ July 3, 2000, by and among
the City of The Colony, a home rule city and political subdivision of the State of Texas,
organized pursuant to Article XI, Section 5 of the Constitution of the State of Texas (the "City"),
and Wynnwood Peninsula, Ltd., a Texas~Limited Partnership ("Wynnwood"); and
WHEREAS, Wynnwood owns tracts of Land comprised of approximately 605.79~-acres
as more particularly described in Exhibit "B" (the "Property") and located in the limits of the
City of The Colony, Texas; and ~,
WHEREAS, The City represents, covenants, and warrants as follows:
(a) The City is a duly formed and validly existing home rule city and political
subdivision of the State of Texas organized pursuant to Article XI, Section 5 of the Constitution
of the State of Texas and is governed by laws of the State of Texas.
(b) The City is authorized to enter into this Agreement and the transactions
contemplated hereby; and to carry out its obligations under this Agreement.
(c) The officers of the City executing this Agreement have been duly
authorized to execute and deliver this Agreement.
(d) The Project will assist the City in furnishing water, sewer, drainage and
other public improvements to territory within the jurisdiction of the City; and
WHEREAS, Wynnwood represents, covenants and warrants as follows:
(a) DCDD No. 5, once its creation is confirmed, will be a political subdivision
of the State of Texas, created and organized pursuant to Chapter 383 of the Texas Local
Government Code and the Constitution of the State of Texas an~,.duly organized, validly existing
and in good standing under the laws of the State of Texas,, ~tached hereto as Exhibit "A".
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DCDD No. 5 will be duly qualified to transact business in the State of Texas and in every
jurisdiction in which the nature of its activities requires it to be so qualified; will have full and
complete power to the relevant rights and obligations set forth in this Agreement, to enter into
and carry out the transactions contemplated hereby, and to carry out its obligations under this
Agreement; and has duly authorized the execution and delivery of this Agreement.
(b) Neither the execution and delivery of this Agreement nor the fulfillment of
or compliance with the terms and conditions hereof nor the consummation of the transactions
contemplated hereby conflicts with or results in a breach of the terms, conditions or provisions of
any restriction or any agreement or instrument to which DCDD No. 5 is now a party or by which
DCDD No. 5 or its project is bound, or constitutes a default under any of the foregoing, or results
in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the
project or assets of DCDD No. 5.
NOW THEREFORE, Wynnwood and the City agree as follows:
DEFINITIONS
(i) "Parties" shall mean the City of The Colony and Wynnwood Peninsula, Lt~., a
Texas Limited Partnership.
(ii) "Developer" shall mean Wynnwood Peninsula, Ltd., a Texas Limited
Partnership.
(iii) "Property" shall mean the area of land as described in Exhibit "B," attached.
(iv) "DCDD No. 5" shall mean Denton County Development District No. 5.
TERMS OF AGREEMENT
1. Disannexation. City shall disannex the Property from the boundary of the City
on July 3, 2000, as described in Exhibit "C".
2. Annexation of the Property by the City. The City agrees that, prior to the
disannexation in paragraph 1 above, Wynnwood and/or the residents thereof shall request the
City to re-annex the Property. If the request of re-annexation has not been received by July 3,
2000, this Agreement is null and void. The City also shall reserve the right to initiate
involuntary annexation proceeding, it being understood that there will be no re-annexation until
the confirmation election for DCDD No.5 has been conducted and canvassed.
3. Public Improvement Generally. Except as otherwise provided for herein,
construction of all public improvements, including but not limited to all streets and roads
(including any bridge or overpass), utilities, drainage, sidewalks, street lighting, street signage,
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and all other improvements required by the City's subdivision ordinance and all other applicable
regulations or laws (together, the "Subdivision Regulations"), shall be provided in accordance
with the Subdivision Regulations at no cost to the City and shall be subject to routine review by
the City Engineer, or his agent, to evaluate conformance with the construction plans and the City
standards and specifications. However, such review and evaluation shall not relieve the
Developer, its engineer or agent, of its obligations for the design, construction and maintenance
of the improvements as set out in this Agreement and other relevant ordinances of the City. Any
modification, review or evaluation by the City Engineer shall substantially conform to accepted
engineering practices. Upon completion of construction of public improvements as required by
this Agreement and as required by the Subdivision Regulations, the Developer shall deliver to
the City a reproducible copy of as-built construction plans of the public improvements
constructed or engineered by the Developer.
4. Required Plans and Specifications. The Developer's engineer shall develop
detailed plans and specifications for the construction of the required public infrastructure for
approval by the City. The public infrastructure includes all facilities mentioned in this
Agreement to be installed as part of the'Project in conformance with City and State Department
of Highways and Public Transportation approvals and permits.
5. Developer's Expense. Developer and/or its assignees shall provide and
construct, at no cost or expense to the City, any and all water lines, sewer lines, and/or water
towers as needed to provide water and sewer service to the Property.
6. Franchises. The City consents to the power of DCDD No. 5 to grant and collect
fees for certain franchises for electric, telephone, gas, and other services. Language shall be
included in the franchise grants so that the franchises shall not be diminished in the event of
annexation, that the fees paid by the franchisees shall be no less than the fees paid by similar
franchisees to the City, and that the obligations of the franchisees with regard to the use of the
right of way shall be no less onerous than the requirements imposed upon similar franchisees by
the City. The term of the Franchise Agreements shall not exceed the year 2010, unless approved
by the City Council, which approval will not be unreasonably withheld.
7. Building Permits and Other Fees. The City will allow the Developer to retain
all fees associated with building permits, construction inspections and facility impact pertaining
to development on the Property for a period of ten (10) years from the date of this Agreement.
8. Developer's Responsibilities. Developer agrees to purchase and/or construct the
following items:
(i) Fire and police substation, not to exceed $1,000,000;
(ii) Purchase two fire trucks, not to exceed a total cost of $420,000; and
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(iii) Purchase one ambulance, not to exceed $75,000.
(iv) The Developer shall pay the City on an annual basis the sum of monies equal to
· 11 per $100.00 valuation, as determined by the Denton County Appraisal District, of the
Property as developed.
9. Equipment Purchased by Developer. The Parties agree that the fire mack
purchase shall be of an appropriate size to be able to serve mid-rise buildings of approximately
fifty (50) feet in height. Furthermore, the Parties agree that the above items (listed in No. 8) will
be purchased/constructed by the Developer upon completion of the hotel/motel conference
center, or upon the determination by the City Planner that the number of dwelling units within
the Property is greater than 1500 umts, or whichever occurs first.
10. Laud Lease. Furthermore, the Parties agree that on the Property shall be a site
consisting of 1.0 acre on which the above fire station and police substation shall be constructed
and which shall be free from all liens and encumbrances thereon. The location shall be 'mutually
agreeable to the City and the Developer.~ Upon the completion of the fire and police substation,
the Parties further agree that the City and the Developer shall enter into a lease for the Lang. The
term of the lease shall be for fifty (50) years at a cost of one dollar ($1.00) per year. '
11. The City's Responsibilities:
(i) The City will grant to the Developer a 100% tax abatement, attached hereto as
Exhibit D, for ten (10) years from the date of the first tax abatement proceeding on ad valorem
tax on the Property located within Wynnwood; and
(ii) The City will permit the Developer to retain all monies collected as part of the
hotel occupancy tax, pursuant to the Tex. Tax Code Ann § 352.107 up until the dissolution of
DCDD No. 5.
(iii) The terms of the Tax Abatement shall be pursuant to Exhibit "D," attached.
12. -Registered Public Surveyor. It is agreed and understood by the Parties hereto
that the Developer has employed a registered public surveyor licensed to practice in the State of
Texas to prepare a final plat of the Project in accordance with the City of The Colony's
Subdivision Ordinance.
13. Licensed Civil Engineer. It is agreed and understood by the Parties hereto that
the Developer shall employ a civil engineer licensed to practice in the State of Texas for the
design and preparation of the plans and specifications for the construction of all facilities covered
by this Agreement. Unless otherwise specified herein, such plans and specifications shall be in
accordance with the City's "Design Standards and Criteria."
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14. Construction Contracts. The Developer will award its own construction
contract for the construction of all street and drainage facilities ("infrastructure"). The Developer
agrees to employ a construction contractor who is approved by the City, said contractor to meet
City and statutory requirements for being insured, licensed and bonded to perform work in public
rights-in-way and to be qualified in all respects to bid on public streets and public projects of a
similar nature. The Developer agrees to utilize contract documents approved by the City, shall
furnish to the City the required payment and performance bonds prior to the commencement of
any work hereunder, and shall furnish ~ policy of public liability insurance in the amounts
required by Item 1.26.1 of the City's Standard Specifications.
15. Bonds. Prior to the commencement of construction, the Developer shall present
to the City performance bond and payment bond, surety, or irrevocable letter of credit meeting
the requirements of Chapter 2253 of the Texas Government Code guaranteeing and agreeing to
pay an amount equal to 100 percent of the value, as determined by the City Engineer, of the
infrastructure construction costs of all such facilities to be constructed by the Developer. Any
surety company through which a bond is written shall be a surety company duly authorized to do
business in the State of Texas, providedjthat the City, through the City Attorney, shall retain the
right to reject any surety company as a surety for any work under this or any other Developer's
Agreement within the City of The Colony regardless of such Company=s authorizationLto do
business in Texas. Approvals by the City shall not be unreasonably withheld or delayed.
16. Performance Bonds. The performance bond(s) shall provide for payment to the
City of such amounts to the total remaining amounts required for the completion of the
infrastructure if the Developer fails to complete the work as required hereunder. The payment
bond shall be furnished solely for the protection of all claimants supplying labor and material in
the performance of the work provided for by this Agreement.
17. Maintenance Bonds. Prior to acceptance of the Subdivision, the Developer will
present to the City a maintenance bond meeting the requirements of Chapter 2253 of the Texas
Government Code guaranteeing and agreeing to pay any necessary maintenance for a period of
two years in an amount equal to 100 percent of the value of the construction costs of all the
infrastructure to be constructed by the Developer.
18. Surety Company. Any surety company through which a bond is written shall be
a surety company duly authorized to do business in the State of Texas, provided that the City,
through the City Manager, shall retain the right to reject any surety company as a surety for any
work under this or any other Agreement within the City of The Colony regardless of such
Company's authorization to do business in Texas. Approvals by the City shall not be
unreasonably withheld or delayed.
19. Vesting of Title. It is further agreed and understood by the Parties hereto that
upon acceptance by the City, title to all public infrastructure facilities and improvements shall be
vested in the City of The Colony and the Developer hereby relinquishes any right, title, or
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interest in and to said facilities or any part hereof. It is further understood and agreed that until
the City accepts such improvements, the City shall have no liability or responsibility in
connection with any such facilities. Acceptance of the facilities shall occur at such time as the
City, through its City Engineer, provides the Developer with a written acknowledgment that all
facilities are complete, have been inspected and approved and are being accepted by the City.
The Developer reserves the right to install and maintain all landscape within the right-of-way of
the Property, subject to compliance to all City Ordinances.
20. Payment Guarantee. Any guarantee of payment instrument (performance bond,
letter of credit, certificate of deposit and/or cash deposit) submitted by the Developer on a form
other than the one which has been previously approved by the City as "acceptable" shall be
submitted to the City Attorney at the Developer's expense and this Agreement shall not be
considered in effect until the City Attorney has approved the instrument. Approval by the City
shall not be unreasonably withheld or delayed. The Developer shall keep said performance and
payment bonds, letters of credit, certificates of deposit and/or cash deposits in full force and
effect until such time as the Developer has fully complied with the terms and conditions of this
Agreement, and failure to keep same .in force and effect shall constitute a breach of this
Agreement. All letters of credit furnished hereunder which expire prior to the completion of
construction shall be renewed in amounts designated by the City and shall be delivered 1,o the
City on or before the tenth (10th) banking day before the date of expiration of the then existing
letter of credit. If the Developer fails to deliver the renewed letter of credit to the City within the
time prescribed herein, such failure shall constitute a breach of this Agreement and shall be a
basis for the City to draw on all or any portion of the letter of credit. The Developer further
agrees to release and forever hold the City harmless from any losses, damages and/or expenses
incurred by the Developer for any delays due to the City's review of any guarantee of payment
instrument which is in a form other than one which has been previously approved by the City.
The City requires the Developer to have all guarantee of payment forms approved prior to the
commencement of work and construction of public infrastructure facilities.
21. Pre-Construction Conference. The Developer, Developer's contractors and City
shall hold a pre-construction conference prior to the initiation of any work. The Developer
agrees to give the City at least twenty-four (24) hours prior written notice of his/her intent to
commence construction of all public facilities, so that the City, if it so desires, may have its
representatives hvailable to inspect the beginning and continuing progress of all work.
22. Inspection by City. The Developer agrees to notify all contractors and
subcontractors working on the project that all their work is subject to inspection by a City
Inspector at any time, and that such inspection may require a certification by the contractors and
subcontractors of the type, kind, and quality of materials used on the project.
23. Recommendations by City Engineer. Should any work or construction of
public infrastructure facilities which has not been contemplated in the current construction
documents (plans and specifications), the plat, or this Agreement become necessary, then the
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Developer shall be required to contact the City Engineer to obtain recommendations on how such
work or construction should progress. The Developer further agrees to follow all reasonable
recommendations and requirements imposed by the City Engineer in such instance.
24. Non-Conforming Improvements. The Developer agrees to stop work and
construction of improvements upon notification from the City inspector of non-conforming
improvements, including the materials used and the methods of installation. The Developer
further agrees to correct all non-conformities in accordance with the City Inspector's instructions.
25. Conveyance of Title by Developer. The Developer agrees not to convey title of
any lots of the project, until all construction is complete and the City has approved and accepted
the work and improvements. The Developer understands that the City will issue no building
permits for improvements on any lot until all public improvements are completed.
26. Affidavit of Paid Bills. After completion and prior to acceptance of all work, the
Developer must furnish to the City an affidavit of all bills paid.
27. New Legislation or Ordinances. Wynnwood and the City agree that unless all of
them agree, neither will pursue the passage of any legislation or changes in ordinances that w, ould
nullify anything is this Agreement. Furthermore, all Parties agree that unless all Parties agree,
they will be bound by the laws and ordinances (including waivers mentioned in this Agreement)
in effect at the time of this Agreement. However, it is agreed that this paragraph will not apply to
changes in state or national legislation that mandate a change to this Agreement. DCDD No. 5
and/or the Developer will not petition or seek creation of one or more county development
districts in the City or the City's extraterritorial jurisdiction without the consent of the City
Council of the City of The Colony.
28. Variances from General Development Ordinances. The development of the
Property shall be governed by the current City Code of Ordinance. The City Council is not
opposed to the General Development Plan, attached herein as Exhibit "E."
29. Fire and Police Protection. The City shall provide fire, police, and emergency
medical service protection for the Property at service levels consistent with other areas within the
City.
30. Developer's Contribution. The Developer shall continue to pay the City's sales
tax and ad valorem tax on the 240-acre existing golf course and club house.
31. Cooperation. All Parties to this Agreement shall use their best efforts to enlist
the support of other governmental entities and officials to aid the development of the Property in
the manner envisioned in this Agreement. This includes but is not limited to application by the
City, if necessary, to receive a Certificate of Convenience and Necessity covering the Property.
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?.20
32. Term. This Agreement shall commence and bind the Parties on the Effective
Date and shall continue in effect until the dissolution of DCDD No. 5, unless terminated on an
earlier date pursuant to other provisions or by express written Agreement executed by the City,
the Developer, and/or DCDD No. 5.
33. Remedies. Except for remedies otherwise specified, the Parties recognize that the
only effective remedies for the obligations under this Agreement and the other agreements
contemplated are mandamus against the City or DCDD No. 5 and specific performance against
the Developer, and the Parties agree to such remedies for a breach of any agreement. However,
prior to filing suit, the Parties agree to seek an amicable resolution of any disputes and, in order
to avoid costly disputes, to abide by the following procedures:
(i) _Notify the other party in whting of an alleged breach of the Agreement and
provide the other party 30 days to cure the alleged breach.
(ii) If the alleged breach is not cured, the Parties shall conduct mediation with a
mutually acceptable mediator with fees t6 be equally paid by the participating Parties.
(iii) If mediation does not resolve the differences between the Parties, the Parties'shall
have the right to pursue the remedies permitted herein.
(iv) If necessary, the Parties may pursue the remedies specified herein in the District
Courts of Denton County.
34. Venue. Venue of any action brought hereunder shall be in Denton, Denton
County, Texas.
35. Indemnification. (a) Prior to the acceptance by the City of infrastructure
improvements constructed by Developer pursuant to this Agreement, the Developer covenants
and agrees to hereby fully indemnify, hold harmless and defend the City, its officers, agents,
servants, and employees, from all claims, suits or causes of action of any nature whatsoever,
whether real or asserted, brought for or on account of any injuries or damages to persons or
property including death, resulting from or in any way connected with (i) this Agreement or the
construction of the improvements or facilities described herein; or (ii) any failure to properly
safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of
the Developer, its contractors, subcontractors, agents, servants or employees, AND
INCLUDING, BUT WITItOUT LIMITATION, ANY LOSSES, CLAIMS, ACTIONS,
DAMAGES, LIABILITIES {'WI-IETItER JOINT OR SEVERAL), AND EXPENSES
ARISING OUT OF OR RESULTING FROM TI-IE CONCURRENT (BUT NOT SOLE)
NEGLIGENCE, STRICT LIABILITY OR VICARIOUS LIABILITY OF ANY SUCI-I
INDEMNIFIED PARTY OR PARTIES, but the Developer will not be liable to any such
indemnified party or parties under the foregoing indemnification provisions to the extent that any
loss, claim, damage, liability or expense otherwise subject to indemnification hereunder is finally
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judicially determined by a court of competent jurisdiction to have resulted primarily from an
indemnified party's willful misconduct or gross .negligence. The Developer further agrees that it
will not, without the prior written consent of the City and the other parties hereby indemnified,
which consent will not be unreasonably withheld, settle or compromise or consent to the entry of
any judgment, any pending or threatened claim, action, suit or proceeding in respect of which
indenmification may be sought hereunder unless such settlement, compromise or consent
includes an unconditional release of each affected indemn/fied party from all liability arising out
of such claim, action, suit or proceeding.
(b) Approval by the City Engineer of any plans, designs or specifications submitted
by the Developer pursuant to this Agreement shall not constitute or be deemed to be release of
the responsibility and liability of the Developer, his engineer, employees, officers or agents for
the accuracy and competency of their design and specifications prepared by the Developer's
consulting engineer, his officers, agents, servants or employees, it being the intent of the Parties
that the approval by the City Engineer signifies the City's approval on only the general design
concept of the improvements to be constructed. The Developer shall indemnify and hold
harmless the City, its officers, agents, gervants and employees, from any loss, damage, liability
or expense on account of damage to Property and injuries, including death, to any and all persons
which may arise out of any defect, deficiency or negligence of the Developer's engrneer's
designs and specifications incorporated into any improvements constructed in accordance
therewith, and the Developer shall defend at his own expense any suits or other proceeding
brought against the City, its officers, agents, servants or employees, or any of them, on account
thereof, to pay all expenses and satisfy all judgments which may be incun'ed or rendered against
them or any of them in connection herewith. All responsibility and liability for drainage to
adjacent and downstream properties from development of this Project will accrue to the
Developer.
36. Liability Insurance. The Developer agrees to furnish an owners protective
liability insurance policy naming the City of the Colony as insured for property damage and
bodily injury in the amounts required by Item 1.26.2 of the City's Standard Specifications
(NCTCOG).
37. 'Assignment of Contract. This contract or any part hereof or any interests herein,
shall not be assigned by the Developer without the express written consent of the City Council,
which shall not be unreasonably withheld, it being understood that certain rights and obligations
will be assigned to DCDD No. 5 as soon as possible. However, the rights and obligations
assigned by DCDD No. 5 shall not be in conflict with the existing rights and obligations to the
Parties of this Agreement.
38. Entirety of Agreement. This Agreement represents the final Agreement of the
Parties after lengthy negotiation where the Parties were represented by legal counsel. This
Agreement contains the entire understanding of the Parties with respect to the subject matter
hereof, and there are no oral understandings, statements or stipulations bearing upon the meaning
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~., ,' 'i or effect of this Agreement which have not been incorporated herein. This Agreement may only
be modified, amended, supplemented or waived by whtten instrument executed by the Parties.
39. Notices. Any notices required to be sent pursuant to this Agreement shall be in
writing and shall be deemed properly served (a) when delivered, if delivered by hand to the party
to whose attention it is directed; (b) upon receipt, if mailed postage prepaid, by registered or
certified United States mail, return receipt requested; or (c) upon receipt, if sent by private receipt
comer guaranteeing next day delivery, delivery charge prepaid, addressed as follows:
40. Applicable Law. The law of the State of Texas shall apply to this Agreement.
41. Severability. In the event any provision of this Agreement is illegal, invalid, or
unenforceable .under present of furore laws, then, and in that event, it is the intention of the
Parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the
intention of the Parties to this Agreement that in lieu of each clause or provision that is found to
be illegal, invalid, or unenforceable a prqvision be added to this Agreement which is legal, valid
and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid
or unenforceable.
42. Amendments and Waivers. Any provision of this Agreement may be amended
or waived if such amendment or waiver is in writing and is signed by the City and the Developer.
No course of dealing on the part of the Developer or the City, nor any failure or delay by the
Developer or the City with respect to exercising any right, power or privilege of the Developer or
the City under this Agreement shall operate as a waiver thereof, except as otherwise provided in
this Section.
43. Termination. This Agreement may be terminated by the mutual agreement of the
Parties. Upon such termination, the Parties shall promptly execute and file of record in the
County Clerk Official Records of Denton County, a document confirming the termination of this
Agreement, and shall execute such other documents as may be appropriate to document such
termination.
44. Invalidity. In the event that any of the provisions contained in this Agreement
shall be held unenforceable in any respect, such unenforceability shall not affect any other
provision of this Agreement, and the Parties shall be deemed to have contracted as if said
provision had not been in the Agreement initially (or substitute correct language).
45. Exhibits: Titles of Articles~ Sections and Subsections. The exhibits referenced
herein and attached to this Agreement are incorporated herein and shall be considered a part of
this Agreement for all purposes, except that in the event of any conflict between any of the
provisions of this Agreement shall prevail. All titles or headings are only for the convenience of
the Parties and shall not be construed to have any effect or meaning as to the Agreement between
the Parties hereto. Any reference herein to a Section or Subsection shall be considered a
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[7.
reference to such Section or Subsection of this Agreement unless otherwise stated. Any
reference herein to an exhibit shall be considered a reference to the applicable exhibit attached
hereto unless otherwise stated.
46. Approval by the Parties. Whenever this Agreement requires or permits action,
approval or consent to be hereafter taken or given by any of the Parties, the Parties agree that
such action, approval or consent shall not unreasonably withheld, conditioned or delayed.
47. Rights and Remedies Cumulative. The rights and remedies provided by this
Agreement are cumulative and the use of any one right or remedy by either party shall not
preclude or waive its right to use any or all other remedies. Said rights and remedies are given in
addition to any other rights the Parties may have by law, statute, ordinance, or otherwise.
48. Additional Actions. The Parties agree to take such actions, including the
execution and delivery of such documents, instruments, petitions and certifications as may be
necessary or appropriate, from time to time, to carry out the terms, provisions and intent of this
Agreement and to aid and assist each other in carrying out said terms, provisions and intent.
49. Attorney Fees. The Developer shall pay to the City any and all legal fees -
incurred for all work related to the negotiations and drafting of this Agreement and all costs
associated with the establishment of DCDD No. 5.
50. Exhibits. The following exhibits are incorporated into this Agreement for all
purposes:
Exhibit "A": Commissioner's Court Order on the creation of DCDD No. 5
Exhibit "B": The metes and bounds description of the Property
Exhibit "C": Disannexation Ordinance
Exhibit "D": Tax Abatement Agreement
Exhibit "E": General Development Plan
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SIGNED AND EFFECTIVE on the date last set forth below.
By:
Date:
By:
Date:
CITY OF THE COLONY
DEVELOPER'S AGREEMENT PAGE 12
S:\SHARE\LAW_WP\MunicipaI\The Colony\CDO 5\developagr.doc