HomeMy WebLinkAboutResolution No. 08-093
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 08-093
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT
INCENTIVE AGREEMENT BETWEEN THE CITY OF THE COLONY AND
THE COLONY SENIOR COMMUNITY, L.P., WHICH IS ATTACHED
HERETO AND INCORPORATED HEREIN AS ATTACHMENT "A"; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1. That a Development Incentive Agreement, by and between the City of The
Colony and The Colony Senior Community, L.P., which is attached hereto and incorporated herein
by reference as Attachment "A", is hereby approved and the City Manager is authorized to execute
the same.
Section 2.
That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
6th day of October. 2008.
ATTEST:
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Christie Wilson, TRMC, City Secretary
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APPROVED AS TO FORM:
STATE OF TEXAS ~
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COUNTY OF DENTON ~
Development Incentive Agreement
This Development Incentive Agreement (the "Agreement") is entered into by and
between the City of The Colony, Texas, a Texas home rule municipality (the "City") and The
Colony Senior Community, L.P., a Texas limited partnership (the "Developer"), acting
individually or by and through their authorized representatives.
WITNESSETH:
WHEREAS, the Developer is Texas limited partnership, whose General Partner is a
limited liability company which is wholly owned by a community housing development
organization; and
WHEREAS, the Developer intends to acquire, construct, and equip a senior apartment
facility within the City of The Colony, Denton County, Texas, to be known as The Colony
Senior Community (the "Facility" or the "Property"); and
WHEREAS, the Developer may be entitled to obtain a fifty percent (50%) exemption
from ad valorem valuation for taxation purposes pursuant to S 11.1825 of the TEXAS TAX CODE;
and
WHEREAS, certain public and private improvements would enhance the City; and
WHEREAS, the City desires to provide and facilitate for its economic viability and
services to the Facility and Property; and
WHEREAS, the City has the ability to make a Grant of public funds under 9380 of the
TEXAS LOCAL GOVERNMENT CODE.
NOW THEREFORE, based on the mutual promises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
Article I
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed
to them:
"Agreement" shall mean this Development Incentive Agreement.
"City" shall mean the City of The Colony, Texas.
"City Engineer" shall mean the City of The Colony City Engineer or designee.
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"Commencement of Construction" shall mean the grading and/or preparation of the
Property for construction.
"Completion of Construction " shall mean: (i) substantially completed in accordance with
the approved plans; and, (ii) the Project has been accepted by the City.
"Developer" shall mean The Colony Senior Community, L.P.
"Effective Date" shall mean the last date of execution hereof.
"Event of Bankruptcy or Insolvency" shall mean the dissolution or termination of a
party's existence as a going business, insolvency, appointment of a receiver for any part of such
party's property where such appointment is not terminated within ninety (90) days after such
appointment is initially made, any general assignment for the benefit of creditors, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against such
party where such proceeding is not dismissed within ninety (90) days after the filing thereof.
"Expiration Date" shall mean the earlier of the date on which the parties have performed
their respective obligations or five (5) years from the Effective Date.
"Force Majeure" shall mean any contingency or cause beyond the reasonable control of
a party including, without limitation, acts of God or the public enemy, war, riot, civil
commotion, insurrection, government or de facto governmental action or inaction (unless caused
by the intentionally wrongful acts or omissions of the party), fires, explosions or floods, strikes,
slowdowns or work stoppages.
"Impositions" shall mean all taxes, assessments, use and occupancy taxes, charges,
excises, license and permit fees and other charges whether general or special, ordinary or
extraordinary, foreseen or unforeseen, which are or may be assessed, charged, levied, or imposed
by any public or governmental authority on the Grantee or either of them with respect to the
Property or any property or any business owned by the Grantee within the City.
"Project" or "Facility" shall mean the acquisition, construction and equipping of a
senior apartment facility within the City of The Colony, Denton County, Texas, to be known as
The Colony Senior Community.
"Property" shall mean the real property and improvements thereon as described in
Exhibit A, which is attached hereto and incorporated herein by reference.
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Article II
Term
The term of this Agreement (the "Term") shall begin on the last date of execution hereof
(the "Effective Date") and continue until the Expiration Date, unless sooner terminated as
provided herein.
Article III
Incentive Agreement
3.1 As a condition precedent to the obligation contained in this Agreement, the
Developer shall obtain or cause to be obtained a building permit for the Project which is depicted
in the Site Plan, which is attached hereto and incorporated herein as Exhibit B, in accordance
with the adopted Planned Development District Ordinance, which is attached hereto and
incorporated herein as Exhibit C.
3.2 Pro;ect Construction.
A. The Developer will build, design, construct and install the Project in
accordance with the approved Construction Documents and building permits obtained by
the City. The Developer shall construct the appropriate infrastructure in accordance with
the ordinances and regulations of the City.
B. The Developer, as part of obtaining their required building permits for
construction of the project, shall pay the following development and inspection fees to
the City (collectively, the "Fees"):
Building Permit
Plan Review
Construction Trailer
Temporary Electrical Pole
Certificate of Occupancy, Inspection,
& Issuance
Water Tap - Domestic
Water Tap - Irrigation
Water Impact Fee - Domestic Tap
Water Impact Fee - Irrigation Tap
Sewer Impact Fee - Domestic Tap
Roadway Impact Fee
Drainage Impact Fee
Engineering Inspection Fee
$ 156,881.78
39,220.45
100.00
50.00
75.00
5,685.00
1,200.00
123,975.00
13 ,224.00
61,125.00
79,170.00
22,942.00
27,000.00
$530,648.23
Thus, the Developer shall pay to the City the total sum of five hundred and thirty
thousand, six hundred forty-eight dollars and twenty-three cents ($ 530,648.23) in total
Fees for the construction of the Project. Any fees for the operation of the Project after a
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certificate of occupancy is issued shall not be considered for reimbursement or waiver
under this Agreement and shall be paid when due and shall not be considered in any
grant made herein.
3.3. The City, as consideration for part of its development incentive, shall forgive the
parkland dedication fee in the amount of one hundred eighty-seven thousand, nine hundred
thirteen dollars and ninety-eight cents ($ 187,913.98) and such fee shall not required to be paid
or a dedication in lieu of fee made to the City of The Colony for construction of the Project.
Additionally, any other building, mechanical, plumbing/fuel gas, electrical, sign or fire permit
fee or inspection fees for construction of the Project prior to the issuance of the certificate of
occupancy, which are not provided in Section 3.2(B) will be waived and not required to be
remitted. Developer shall be responsible for contracting with a third party to install any fire line
taps.
3.4 As additional incentive, the City will rebate and remit as a grant of development
grant an amount equal to that portion of the Fees which is in excess of four hundred and fifty
thousand dollars ($ 450,000.00) which, combined with the waiver of fees under section 3.3,
represents a grant to the Developer (collectively, the "Grant"). Such sum shall be due and
payable by the City to the Developer thirty (30) days after issuance of the building permit and
the remittance of the Fees referred to hereinabove in section 3.2, B.
3.5 The Developer, as further consideration and as an inducement for the
development Grant herein, in addition to the payment of reduced ad valorem taxes due to the
City as a result of the granted exemption, shall remit a payment equivalent to the difference
between (i) 100% of the ad valorem tax assessment payable to the City as calculated based on
the valuation of the property, and (ii) the reduced amount of ad valorem taxes actually payable to
the City due to the exemption. Such payment in lieu of taxes shall continue annually until the
tax year 2048, at which time this Agreement shall expire (Expiration Date). Such annual
payment in lieu of taxes is payable and shall be made on or after October 1, 2009 and on or after
October 1 st of every year thereafter for the duration of the Agreement with the last payment
being payable on or after October 1, 2048. Each such annual payment shall be made no later than
December 31 st of the year in which the payment becomes due. In the event that such annual
payment is received after December 31 st, the same shall constitute an act of default under
paragraph 5.1 of this Agreement.
Article IV
Conditions to Development Grant
The obligation of the City to make the Grant described in this Agreement shall be
conditioned upon the Developer's acquisition and closing on the real property that is the subject
of this Agreement, compliance with and satisfaction of each of the terms and conditions of this
Agreement.
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Article V
Termination
5.1
following:
Termination. This Agreement shall terminate upon anyone or more of the
(a) by written agreement ofthe parties;
(b) the Expiration Date;
(c) by either party in the event the other party breaches or defaults on any of the
terms or conditions of this Agreement and such breach is not cured within
thirty (30) days after written notice thereof is provided to the breaching or
defaulting party;
(d) by the City, if the Developer suffers an Event of Bankruptcy or Insolvency;
(e) by the City, if any impositions including, but not limited to payment of ad
valorem taxes, payment in lieu of taxes, building fees, or other obligations
owed to the City or the State of Texas by the Developer (collectively, the
"Impositions") shall become delinquent and such breach is not cured within
thirty (30) days after written notice thereof is provided to the breaching or
defaulting party (provided, however, the Developer retains the right to pay
such Impositions and to timely and properly protest and contest any such
Impositions);
(f) by the City, if the Developer fails to maintain compliance with Planned
Development regulations and other applicable ordinances that apply to the
Property or the Project; or,
(g) by either party, if any subsequent Federal or State legislation or any decision
of a court of competent jurisdiction declares or renders this Agreement invalid,
illegal or unenforceable.
5.2 Repavment. In the event the Agreement is terminated pursuant to Section
5.1(c), (d), (e), (f), or (g), the Developer shall immediately and promptly refund to the City an
amount equal to the Grant remitted and paid or amounts waived under Section 3.3 of this
Agreement by the City to the Developer under this Agreement as of the date of termination, plus
interest calculated from the date of the notice of termination at the rate periodically announced
by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall Street
Journal shall ever cease to exist or cease to announce a prime or base lending rate, then at the
annual rate of interest from time to time announced by Citibank, N.A. (or by any other New
York money center bank selected by the CITY) as its prime or base commercial lending rate,
from the Effective Date until paid; provided, however, that Developer shall be entitled to a setoff
against sums to be refunded that is equal to the aggregate of all payments in lieu of taxes that
have been made to the City. The City shall not be required to refund any other amounts paid by
the Developer under this Agreement and such amounts paid shall be considered voluntary
payments.
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Article VI
Miscellaneous
6.1 Bindine: Ae:reement; Assie:nment. The terms and conditions of this Agreement
are binding upon the successors and assigns of all parties hereto. This Agreement may be
assigned, without the consent of the City, to any Affiliate, but otherwise shall not be assigned
without the express written consent of the City. Such consent shall not be unreasonably
withheld, conditioned or delayed.
6.2 Limitation on Liability; Indemnification. It is acknowledged and agreed by the
parties that the terms hereof are not intended to and shall not be deemed to create a partnership or
joint venture between the City and Developer. It is understood and agreed between the parties
that the Developer, in satisfying the conditions of this Agreement, has acted independently and
the City assumes no responsibilities or liabilities to third parties in connection with these actions.
The Developer agrees to indemnify and hold harmless the City from all claims, legal actions,
liabilities and expenses, including reasonable attorneys' fees, of any nature whatsoever arising
out of the Developer's performance of the terms and conditions of this Agreement.
6.3 Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this Agreement.
6.4 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received three (3) days following the date on which such notice is sent by certified
United States Mail, postage prepaid, return receipt requested, addressed to the party at the
address set forth below or on the day actually received as sent by courier or otherwise hand
delivered.
If intended for the CITY, to:
City of The Colony
6800 Main Street
The Colony, Texas 75056
A TTN: City Manager
With a copy to:
Robert E. Hager
Nichols, Jackson, Dillard,
Hager & Smith, L.L.P.
500 North Akard, 1800 Lincoln Plaza
Dallas, Texas 75201
If intended for the DEVELOPER:
The Colony Senior Community, L.P.
c/o Churchill Residential, Inc.
5605 N. MacArthur Blvd., Suite 580
Irving, Texas 75038
A TTN: Accounting Department
With Copy to:
Tamea A. Dula
Coats, Rose, Yale, Ryman & Lee, P.C.
3 Greenway Plaza, Suite 2000
Houston, Texas 77046
6.5 Entire Ae:reement. This Agreement is the entire Agreement between the parties
with respect to the subject matter covered in this Agreement. There are no other collateral oral
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or written Agreements between the parties that in any manner relate to the subject matter of this
Agreement, except as provided in any Exhibits attached hereto.
6.6 Governine: Law; Venue. The Agreement shall be governed by and construed in
accordance with the laws and court decisions of the State of Texas and exclusive venue for any
action concerning this Agreement shall be in the state district courts of Denton County, Texas.
6.7 Amendment. This Agreement may be amended solely by the mutual written
agreement of the parties.
6.8 Lee:aI Construction. In the event anyone or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect other provisions and it is the
intention of the parties to this Agreement that in lieu of each provision that is found to be illegal,
invalid, or unenforceable, a provision shall 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.
6.9 Recitals. The recitals to this Agreement' are incorporated herein.
6.10 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute
one and the same instrument.
6.11 Exhibits. Any exhibits to this Agreement are incorporated herein by reference for
all purposes wherever reference is made to the same.
6.12 Survival of Covenants. Any of the representations, warranties, covenants and
obligations of the parties, as well as any rights and benefits of the parties pertaining to a period
of time following the termination of this Agreement shall survive termination.
EXECUTED on this II 7\ day of (Lw~ 2008.
CITY OF THE COLONY, TEXAS,
By:
~~ do~t~
Dale Cheatham, City Manager
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EXECUTED on this / J. ~ day of
{).l.c~"" ~.<"'- 2008.
THE COLONY SENIOR COMMUNITY, L.P.
a Texas limited partnership
By: LCBH-THE COLONY GP, L.L.C.,
a Texas liability company, its General Partner
By: LIFENET COMMUNITY BEHAVIORAL HEALTHCARE,
a Texas non-profit corporation, its sole member
By: c---'~
Name: l-I A '1 T M t/LJ./4N'E'1
Title: {JlltiJ //)FNf IeEe
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CITY'S ACKNOWLEDGEMENT
STATE OF TEXAS ~
~
COUNTY OF DENTON ~
This instrument was acknowledged before me on the 1'7 '3-ay of ffD V€ I'h. he.,.(' ,
20051., by Dale Cheatham, City Manager of the City of The Colony, a Texas municipality, on
behalf of said municipality.
fL~/~~
Notary Public, State of Texas
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&'~}""'~(-r CHRISTIE NEU WILSON
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Ill; \~;(~'~~~~" My Commission Expires 11-22-09
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DEVELOPER'S ACKNOWLEDGMENT
STATE OF TEXAS ~
~'\t\S ~
COUNTY OF DENTON ~
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EXHIBIT" A"
DESCRIPTION OF PROPERTY SURVEYED:
TRACT 1
Being a tract of situated in the B.B.B. & c.R.R. Co. Survey, Abstract No. 173, City of The
Colony, Denton County, Texas, and being a part of a called 32.3378 acre tract of land described
in a deed to Triangle Property 01, Ltd. (Undivided 71.168% Interest) & Triangle Property 04,
Ltd. (Undivided 18.832% Interest), as recorded in Volume 5321, Page 3471, Real Property
Records Denton County, Texas, and also being a tract of land described in a deed from Orchid
Venture, Ltd. to Triangle Property 01, Ltd., as recorded in Instrument No. 2006-145303, Real
Property Records Denton County, Texas and being more particularly described by metes and
bounds as follows:
COMMENCING at a X-cut found in concrete at the northeasterly comer of said 32.3378 acre
tract, same being the southeasterly corner of Lot 1, Block A, of Estancia Addition, as recorded in
Cabinet V, Page 164, of the Map Records of Denton County, Texas and also being on the
westerly right of way line of Morning Star Drive, a 120-foot right of way, dedicated by Plat to
the City of The Colony, as recorded in Cabinet Q, Page 4, of the Map Records of Denton
County, Texas;
THENCE South 61020'10" West, along the common line between said 32.3378 acre tract ofland
and said Lot 1, Block A, of Estancia Addition, departing the westerly right of way line of said
Morning Star Drive, a distance of 346.09 feet to a corner, same being the POINT OF
BEGINNING;
THENCE, departing said common line between said 32.3378 acre tract of land and said Lot 1,
Block A, of Estancia Addition, through said 32.3378 acre tract ofland the following courses and
distances;
South 28039'50" East, passing a 5/8-inch iron rod with "KHA" cap set for corner at a distance of
37.50 feet, continuing for a total distance of 440.83 feet to a 5/8-inch iron rod found for corner;
South 11026'01" East, a distance of 141.13 feet to a 5/8-inch iron rod found for corner;
North 74000'24" East, a distance of 249.53 feet to a corner on the westerly right of way line of
Morning Star Drive, said corner being at the beginning of a non-tangent curve to the left, through
a central angle of 1010'53", a radius of 1455.00 feet and a chord bearing and distance of South
15023'57" East, 30.00 feet;
THENCE along the westerly right of way line of said Morning Star Drive and also said curve to
the left, an arc length of 30.00 feet to a corner;
THENCE, departing the westerly right of way line of said Morning Star Drive, through said
32.3378 acre tract ofland the following courses and distances;
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South 74000'24" West, a distance of 403.36 feet to a 5/8-inch iron rod found for corner;
South 61020'10" West, a distance of 194.70 feet to a 5/8-inch iron rod found for corner;
North 28039'50" West, passing a 5/8-inch iron rod with "KHA" cap set for corner at a distance of
529.00 feet, continuing for a total distance of 571.09 feet to a corner on the common line
between said 32.3378 acre tract and Lot 1, Block A, of San om a Grande at the Legends Addition,
as recorded in Cabinet W, Page 973, of the Map Records of Denton County, Texas;
THENCE North 61020'10" East, along said common line between said 32.3378 acre tract and
Lot 1, Block A, of Sanoma Grande at the Legends Addition, passing the common southerly
corner between said Lot 1, Block A, of Estancia Addition and Lot 1, Block A, of Sanoma Grande
at the Legends Addition, a distance of 30.55 feet and continuing for a total distance of 393.47
feet to the POINT OF BEGINNING and containing 5.331 acres or 232,229 sq. ft. of land, more
or less.
TRACT 2
Non-exclusive easement between Paige/121 Partnership, Ltd. and Universal Metro Holdings,
Inc., filed 11/22/1999, recorded in Volume 4472, Page 2331, Real Property Records of Denton
County, Texas as affected by Partial Termination of Reciprocal Access Easement Agreement and
Modification of Development Agreement filed August 24, 2001, recorded in Volume 4908, Page
1588, Real Property Records of Denton County, Texas.
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EXHIBIT "e"
TIlE CITY OF THE COLONY. TEXAS
ORDINANCE NO. 01- /12.(
AN ORDINANCE OF THE CITY OF THE COWNY. TEXAS. AI\fENDlNG
ORDINANCi;:-.lO. 99..1129. PLANNED DEVELOPMENT;.l6 (PD-l6), BY
Al\I&'IDL.'lG THEPEInDITED I"ANDUSES AND DEVELOPMENT
REGULATIONS FOR TRACT D, BEINGAIJPROXIMATEL Y S.38 ACRES
GENERALLY LOCATED NORTH OF STATE HICHWAY 121 AND WEST
OF MORl~IlSG STAR ROAD, AND BEL.~G MORE PAR'I1CU.LABLY
]n:SCRJ:BED IN LXIIIBIT "A/' \VlllCHIS AlTACHED HERETO AND
INCORPORATEDBERJJIN, 'l'0 ALLOW }'OR AN AGE RESTRICTED
SENIOR APARThIENT HOUSINGDEyltLOPMENT; PROVIDING FOR
TIlE APPROVAL OF THE A..\IENDED CONCIP1' PlAN, WHICH JS
ATIAC'Um nEREIO AS EXHIBIT "8"; PROVIDING A REPEALING
CLAUSE; PROVll>ING A SEVERAlJ.lLITY .CLAUSE; PROVIDING A
SA VlNGS CLAUSE; PROVI.DING API~NALTY OF FINE NOT TO
EXCEED TIIE SUM OF TWO mOUSAl~D DOLlARS ($1,000.00) }!'OR
EACH Oli1tENSE; ANDPROVIDL'\'G AN Efl'"'EC'l1VE DA'rE.
OR/6/N4l
WHEREA.'). on or about July 26, 1999 tbe City Council approved Ordinance No. 99-1129
which established PD-16 in accordance with tbe roning ordinance; and,
WIIERI':A8, Ordinance No. 99-1129 approved the approximate 35,) acres con.tained in
Tract D for business park and commercialuses;ll.ud,
WltEREAS, the applicant bas made: a request that an age restricted setlior apartmc:nt
housing development be allowed on the property; and
WHEREAS, after dillCUSSion and consideration, the City Council bas determined that the
Ordinance No. 99-1129 establishing PD-16, Tract D,sbould be amended to allow lOran age
restricted sClllor apartment housing development.
NOW, TBEREFOR.E..BE IT ORDAINED JJY THE CITY COUNCIL OF THE CITY
OF THE COLONY; TEXAS:
SECTION 1. That Ordituulce No. 99-1129, Planned Dcveloprn.ent-16 (po.16), be, and the
same is, bereby amended by amending the concepl plan tor Tract D to include multi.family zoning
USe liS pro~~dcd in the Code of Ordinance and such use sball be limited to. age restricted housinS for
persons over tifiy-fh'e (55) years orage, being approximately S.38 acres genernUy located north of
State Highway 121 and west of Morning Star Road and being more particularly described in Exhibit
"Aj" which is attached hereto and incorporated herein.
SECIlON 2. That tor the purposes oftllis Ordinance the following definitions shall apply;
1'I),.ltHUlVISro
P~ge 1
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A.ge-restricJtd uses shall many any age reslrictcd dc\'CIQpment for residents fifty.
five (55) years of age or older, which may be in an)' housing fonn, including
detached and attached dweUinguoils, apartments. and residences offering pri'ti'ate
rooms. These uses may include on.sitepersooal services such as ~iona1
facilities, assembly areas. and housekeeping but may not include full-time
congregate meals progr811lS, fun-time on.site medical treatment or nursing care.
SECTION 3. That tbe Amended Concept Plan and the Develop-mew Standards as
development regulations for an age re...mcted senior .apartment housing de'velopmcnt use provided
for herein, which are attacbedhcrcto and incorporated herein as Exhibits "B" and "e." respectively,
be and tbe same are hereby approved and shall govern the development of said property.
SECTION 4. That this Planned DevelOl,)ment shall be developed and used only in
accordance with the Comprebensive Zoning Ordinance and Ordinance No, 99-1129, Po.I6, as
amended, and the development standards: attached hereto as Exhibit "C."
SEC110:'\ s. l1ul! sbould any sentence, paragraph, .!>ubdivisiC:ln, clause, phrase or section
of this resolution be adjudged or beld to beuoconstilulional, ille,galor invalid. the same shall not
affect the validity of this resolution as a whole. or any part or provision thereof other than the part so
decided to be unoonstitutional, illegal or invalid, and shall not atieet the validity of the
Comprehensive ZOlling Ordinance as a whole.
SECTION ti. That the Zoning Ordinance. of the City of l11e Colony, Texas, as amended,
and Ordinance No. 99.1129, as amended by Ordinance. No. 054604 sh.all rema.in in full force and
etl'"'ect, save llnd except as amended by this ordinance.
SECI'lON 7. That any petSQn. firm Of COI})QratiOll'ti'iolating any ofthc provisions or terms
of tbis ordinanl.'C shall be subject to tbe same penalty as provided for in the Code of Ordinances of
the CilY ofTbe C~lony, Texas, as heretofure amended. and upon conviction shall be punished by a
tine not to exceed the sum of Two lDousand Hundred ($2.000.00) Dollars for each offense; and
eacb llnd every da)' such violation shall continue shan be deemed to constitute It separate offense.
~mCTION 8. That this ordinance shall take effect immediately from and after Its passage
and the publication of its caption, as the law and charter in such cases provide.
, ~.. LY.. P.....ASSED by.... the.. ..' City COWlcil of the City ofTI1e Colony, Texas, tbis the (,Th
day of .. _ . ,2007.
APPROV~:f[;\
\S:L~
rLAlW,MAYOR
W.l{i.RYVI:st:P
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