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HomeMy WebLinkAboutResolution No. 2010-087 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2010- c, I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF THE COLONY AND THE RIDGEPOINTE HOMEOWNERS ASSOCIATION, INC., TO FACILITATE THE REMOVAL AND REPLACEMENT OF A SCREENING WALL AND SIGNAGE DURING THE CONSTRUCTION, RECONSTRUCTION, AND IMPROVEMENT OF F.M. 423 BY THE TEXAS DEPARTMENT OF TRANSPORTATION; THAT SAID AGREEMENT IS ATTACHED AS EXHIBIT A; PROVIDING AN EFFECTIVE DATE WHEREAS, the Ridgepointe Homeowners Association, Inc. has a brick screening wall and entry signage located adjacent to F.M. 423; and WHEREAS, the construction, reconstruction, and improvement of F.M. 423 from Stewart Creek Road to S.H. 121 will require the removal and replacement the screening wall and signage; and WHEREAS, the City Council has determined it to be in the City's best interest to enter into this Agreement with the Ridgepointe Homeowners Association, Inc. to establish responsibilities of both parties, and to facilitate improvements to said screening wall and signage during the construction, reconstruction, and improvement of F.M. 423 by the Texas Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the city manager to execute a Development Agreement between the City of The Colony and the Ridgepointe Homeowners Association, Inc., which is attached hereto and incorporated herein as Exhibit A. 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 the 19th day of October, 2010. JQe McCoytrry, Mayor / City of Tie Colony, Te as ATTES. / Christie Wilson, TRMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney STATE OF TEXAS § § Development Agreement COUN-YY OF DENTON § 'This Development Agreement (hereinafter referred to as the "Agreement") is entered into by and between the City of The Colony, Texas, a Texas home-rule municipality (hereinafter referred to as the "City") and Ridgepointe Homeowners Association, Inc. (hereinafter referred to as the 10A"). WITNESSETH: '%NREREAS, the Texas Department of Transportation intends to construct, reconstruct, and improve F.M. 423 from Stewart Creek Road to S.H. 121, located within the City of The Colony, ]Denton County, Texas; and WHEREAS, the construction, reconstruction, and improvement of F.M. 423 from Stewart Creek Road to S.H. 121, located within the City of The Colony, Denton County, Texas, requires the acquisition of certain property rights including easements and right-of-way, in and along F.M,423; and WHEREAS, HOA is a homeowners association located within the City of The Colony, Denton County, Texas; and WHEREAS, HOA has a wall located adjacent to F.M. 423, further the construction, reconstruction, and improvement of F.M. 423 from Stewart Creek Road to S.H. 121 will require the City and or TxDOT to remove the existing brick wall adjacent to F.M. 423; and WHEREAS, the City of The Colony, Texas, is a home rule municipality created and operating pursuant to Article XI, Section 5 of the Texas Constitution and its Home Rule Charter, and is located within Denton County, Texas; and WHEREAS, on September 7, 2010, the City Council of the City of The Colony, Texas, approved an advanced funding agreement with the Texas Department of Transportation which will provide $9,000,000.00 for utility construction costs, utility relocation costs, the acquisition of right-of-way in and along F.M. 423; and WHEREAS, the City and HOA agree it is in the best interest of the public to work together to facilitate improvements to the Ridgepointe Homeowners Association Wall, as generally depicted in Exhibit A of this Agreement, which is attached hereto and incorporated herein for all purposes, and to address the obligations of the HOA and City during the construction, reconstruction, and improvement of F.M. 423 by the Texas Department of Transportation. 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 Agreement, together with all exhibits and schedules attached to this Agreement from time to time, if any. "City" shall mean the City of The Colony, Texas, a Texas home-rule municipality, whose address for the purposes of this Agreement is 6800 Main Street, The Colony, Texas 75056. "Condemnation" shall mean that certain eminent domain proceeding filed by TxDOT against the City, the HOA and Diana K. Herndon, the Denton County Cause No. PR-2010-00483, styled "The State of Texas v. Diana K. Herndon, et al". "E.Pcti>e Date " of this Agreement shall be the date of the later to execute this Agreement by and between the City and HOA. "Expiration Date" shall mean ten (10) years from the Effective Date. "Friendship Tracts" shall mean the tract of land located in the T. Wilson Survey, Abstract No. 1352, and being part of Lot 17, Block A and Lot 1, Block D of the Ridgepointe Phase 1-A Addition, City of The Colony, Denton County, State of Texas, and whose addresses are 4328 and 4324 Boca Raton Drive, The Colony, Texas 75056. "Herndon Tract" shall mean the tract of land located in the T. Wilson Survey, Abstract No. 1352, and being part of Lot 19, Block D of the Ridgepointe Phase 1-A Addition, City of The Colony, Denton County, State of Texas, as generally depicted in Exhibit B of this Agreement, which is attached hereto and incorporated herein for all purposes, and whose address is 4620 Ridgepointe Drive, The Colony, Texas 75056. "HOA" shall mean Ridgepointe Homeowners Association, Inc., located within the City of The Colony, Denton County, Texas, and whose address for the purposes of this Agreement is 4608 Ridgepointe Drive, The Colony, Texas 75056. "Ridgepointe Hom.eolvners Association Wale" shall mean the wall to be constructed or caused to be constructed by the City for the HOA, as generally depicted in Exhibit A of this Agreement, which is attached hereto and incorporated herein for all purposes. The Ridgepointe Homeowners Association Wall shall be constructed from Ridgepointe Drive to the north side of the Ridgepointe Phase 1-A Addition for an approximate distance of 1,000 linear feet. "Term" shall mean the term of this Agreement as specified in Article 11 of this Agreement. Page 2 of 18 Development Agreement City of The Colony, Texas - Ridgepointe Homeowners Association 111212010 1:26:06 PM "TxDOT ' shall mean the Texas Department of Transportation, or any successor agency. Article II Term 2.1 This Agreement shall be effective as of the Effective Date of this Agreement, and shall continue thereafter until December 31, 2012, unless terminated sooner under the provisions hereof. Article III HOA's Affirmative Obligations 3.1 The HOA covenants and agrees to provide or cause to be provided a wall easement in a recommended form acceptable to the City, for the Herndon Tract and Friendship Tracts by March 1, 2011. A copy of said wall easement recommended form is attached hereto as Exhibit C of this Agreement. 3.2 The HOA covenants and agrees to obtain the necessary temporary construction easements or other right to entry on the Herndon Tract and Friendship Tracts by March 1, 2011. 3.3 The HOA covenants and agrees any monies paid to the HOA by TxDOT in the Condemnation for the existing HOA wall adjacent to F.M. 423 shall be paid to the City to cover the costs or portion of the costs associated with the City's construction of Ridgepointe Homeowners Association Wall, as required by Section 4.2 except to facilitate the purposes of Section 3.1 or 3.2 of this Agreement, or as may be agreed otherwise in writing by the City and the HOA. 3.4 The HOA covenants and agrees upon completion of construction of the board-on- board fence adjacent to Friendship Drive and the three (3) HOA Monument Signs at Ridgepointe Drive and Friendship Drive to take sole ownership and provide all maintenance and reconstruction. Article IV City's Affirmative Obligations 4.1 The City covenants and agrees to remove or cause to be removed the current existing HOA wall adjacent to F.M. 423 from Ridgepointe Drive to the north side of the Ridgepointe Phase 1-A Addition. The City covenants and agrees to remove or cause to be removed the current existing HOA wall before or during TxDOT's construction of F.M. 423. Following the removal of said existing HOA wall, the City covenants and agrees to construct or cause to be constructed a temporary fence (of wood material) for the HOA in and along F.M. 423 from Ridgepointe Drive to the north side of the Ridgepointe Phase 1-A Addition, and shall maintain said temporary fence during the construction, repair, and improvement of F.M. 423 Page 3 of 18 Development Agreement City of The Colony, Texas - Ridgepointe Homeoti>>ners Association 1112120101:26:06 PM adjacent to the HOA, without cost or contribution by the HOA, except as set out elsewhere in this Agreement. 4.2 The City covenants and agrees that the Ridgepointe Homeowners Association Wall as generally described and depicted in Exhibit A of this Agreement, which is attached hereto and incorporated herein for all purposes, will be constructed as a part of the construction of the improvements to F.M. 423 adjacent to the HOA, without cost or contribution by the HOA, except as set out elsewhere in this Agreement. 4.3 The City covenants and agrees to construct or cause to be constructed the three (3) HOA Monument Signs, as generally depicted in Exhibit A of this Agreement, which is attached hereto and incorporated herein for all purposes, within six (6) months of TxDOT's completion of the improvements to F.M. 423 adjacent to the HOA. Further, the City covenants and agrees to reconstruct or cause to be reconstructed flower beds and sprinkler system located at the HOA Monument Signs within six (6) months of completion of the HOA Monument Signs, without cost or contribution by the HOA, except as set out elsewhere in this Agreement. 4.4 The City covenants and agrees to remove or cause to be removed the current existing HOA wall adjacent to both sides of Friendship Drive from F.M. 423 to Boca Raton Drive. The City covenants and agrees to remove or cause to be removed the current existing HOA wall within six (6) months after completion of the wall at Friendship Drive along F.M. 423. Following the removal of said existing HOA wall, the City covenants and agrees to construct or cause to be constructed a permanent board-on-board fence for the HOA in and along Friendship Drive in the same location as the existing wall from F.M. 423 to Boca Raton Drive. 4.5 THE CITY COVENANTS AND AGREES TO THE EXTENT ALLOWED BY LAW TO INDEMNIFY, DEFEND, AND HOLD THE HOA HARMLESS FROM ANY ACCIDENT, DEATH OR INJURY (AND ANY RESULTING OR RELATED CLAIM, ACTION, LOSS, LIABILITY, OR REASONABLE EXPENSE, INCLUDING ATTORNEY'S FEES AND OTHER FEES AND COURT AND OTHER COSTS) ARISING OUT OF THE CITY'S USE OF THE EASEMENTS CONSIDERED IN 3.1 AND 3.2 OF THIS AGREEMENT. THE INDEMNITY CONTAINED IN THIS PARAGRAPH (a) IS INDEPENDENT OF THE HOA'S INSURANCE, (b) WILL NOT BE LIMITED BY COMPARATIVE NEGLIGENCE STATUTES OR DAMAGES PAID UNDER THE WORKERS' COMPENSATION ACT OR SIMILAR EMPLOYEE BENEFIT ACTS, (c) WILL SURVIVE THE END OF THE AGREEMENT, AND (d) WILL APPLY EVEN IF AN INJURY IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIBILITY OF THE CITY. Article V Termination 5.1 Termination. This Agreement shall terminate upon any one or more of the following: Page 4 of 18 Development Agreement City of The Colony, Texas -Ridgepointe Homeowners Association 1112/20101:26.• 06 PM (a) by written agreement of the parties; (b) the Expiration Date; (c) upon completion of the Affirmative Obligations as specified in Articles III and IV of this Agreement; (d) by either party in the event the other party fails to perform its Affirmative Obligations as set out in this Agreement and such breach is not cured within thirty (30) days after written notice thereof is provided to the breaching or defaulting party; (e) by the City, if the HOA suffers an Event of Bankruptcy or Insolvency; and (f) 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. Article VI Miscellaneous 6.1 Amendments. This Agreement constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 6.2 Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in the state district courts of Denton County, Texas. 6.3 Assignment. This Agreement may not be assigned by any party hereto without the express written consent of the other party to this Agreement. 6.4 Binding Obligation. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. City warrants and represents that the individual executing this Agreement on behalf of City has full authority to execute this Agreement and bind City to the same. HOA warrants and represents that the individual executing this Agreement on HOA's behalf has full authority to execute this Agreement and bind it to the same. 6.5 Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of the Agreement. 6.6 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. Page 5 of 18 Development Agreement City of The Colonp, Texas - Ridgepointe Homeowners Association 11/2/20101:26: 06 PM 6.7 Exhibits. Any exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 6.8 Filing. This Agreement or a memorandum reflecting the existence and pertinent terms of this Agreement may be filed in the deed records of Denton County, Texas. The provisions of this Agreement shall be deemed to run with the land and shall be binding on heirs, successors and assigns of HOA. 6.9 Force Majeure. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, fire or other casualty, or court injunction, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such obligation or requirement shall be extended for a period of time equal to the period such party was delayed. 6.10 Notices. 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: With a copy to: City of The Colony Jeff Moore 6800 Main Street Brown and Hofineister, L.L.P. The Colony, Texas 75056-1133 740 East Campbell Road, Suite 800 Attn: Troy Powell, City Manager Richardson, Texas 75081 Telephone: (972) 624-3102 Telephone: (214) 747-6109 If intended for the HOA, to: With a copy to: Ridgepointe Homeowners Association, Inc. Charles Fiscus 4608 Ridgepointe Drive Shackelford, Melton & McKinley, L.L.P. The Colony, Texas 75056 3333 Lee Parkway, Tenth Floor Telephone: (972) 390-0641 Dallas, Texas 75219 Telephone: (214)780-1454 6.11 Recitals. The recitals to this Agreement are incorporated herein. 6.12 Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation have the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. Page 6 of 18 Development Agreement City of The Colony, Texas - Ridgepointe Homeowners Association 111212010 1:26:06 PM 6.13 Sovereign Immunity. No party hereto waives any statutory or common law right to sovereign immunity by virtue of its execution hereof. 6.14 Time is of the Essence. Time is of the essence in the performance of this Agreement. [The Remainder of this Page Intentionally Left Blank] Page 7 of 18 Development Agreement City of The Colony, Texas - Ridgepointe Homeowners Association 111212010 1:26:06 PM EXECUTED on this the day of ,'x,,.2010. CITY OF THE COLONY, TEXAS, Powell, City Manager STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the r day of 2010, by Troy C. Powell, City Manager of the City of The Colony, a Texas home-rule municipality, on behalf of said municipality. 1,~CPy _ LISA CAE HENDERSON A MY COMMISSION EXPIRES l~~'~ October 1, 2012 Notary Public, State of Texas Page 8 of 18 Development Agreement City of The Colony, Texas - Ridgepointe Homeowners Association 1112/20101:26:06 PM EXECUTED on this the day of 2010. RIDGEPOINTE HOMEOWNERS ASSOCIATION, INC. By: Name: Title: STATE OF TEXAS § COUNTY OF DENTON § This instrument w~aqs~ a® ~kn° -ledge before me on the / day of 2010, by 41 ~L46( of RidgepAjLV ointe Homeowners Association, Inc., on behalf of said home owners association. Y , - - - Notary Public, State of Texas sati Pte, LISA CAE HENDERSON MY COMMISSION EXPIRES October 1, 2012 Page 9 of 18 Development Agreement City of The Colony, Texas - Ridgepointe Homeowners Association 11/2/20101:26: 06 PM Exhibit A Depiction of Ridgepointe Homeowners Association Wall Page 10 of 18 Development Agreement City of The Colony, Texas - Ridgepointe Homeowners Association 111212010 1:26:06 PM Q cQ (D r m 0 C) (D m • m n~ o i m 1 00 ~ ' m o o z ; o ~ `3 z - ~ ir1 ` rS m A I o, c m m ~ - m - a j z L SEPT o co N Page 11 of 18 Development Agreement City of The Colony, Texas - Ridgepointe Homeowners Association 111212010 1:26:06 PM C. 'u r m z I to 0 a m m W o O ~ a ~ o c 1 i af _ m oo W m 0 _ ' m_ a a co ~ 1 r , m o z A a X ~ rn (n G)o o z D ° c:L m SEPT ; co 4 Page 12 of 18 Development Agreement City of The ColonY, Texas Ridgepointe Homeowners Association 111212010 1:26: 06 PM Exhibit B Depiction and or Description of Herndon Tract Page 13 of 18 Development Agreement City of The Colony, Texas - Ridgepointe Homeowners Association 111212010 1:26:06 PM I o! "-'I7 A / JI / ' d j 78a` 1 l ! U l 12 t~LOCATI.O /i y 'St rJs'1"L 3' i4`E ly I' r^ lh~p ALLEY P/? i `sl{ 1 F f f;0,,,'59`, 8IF . t ? .I lit, `01 I 91[10" r(I•',,`,! I 11 y I FPF('I c- - ' I I-. I~ RLi(rr IIiFrTt ryr~i /-.A ~ G~iil t , kl Ili' 1! ..h c I I I I: yi^I'rfJL~ , tT., - I'f t"~- ?Crdl I n t~ ; iry /,Rr^M F M'[`1111 p I MO . r 2 'r O MAW M A`Rrl l z 4A') +r r l ! rf,.Jfl?r!? LI/+Le rf/ 11._f.11!' rrl~ t it t r. r- - ° I If Jr ; N, f f •N r rr(? /0' lre L! Ill. 9. 11 - 1. i G';r /A l li r: 0/ 19 i 0.4215 ACRr S Il rr l~, rr.`~ r !t ~I ~ r + I F I. ~ F Idl1 Cdi ?CSiI POINT OF COMMLKING t I - - ~r?' FIR-' li - fSr'ts0':;•I, i i1,4cr POINT OF V)gIVE BEGINNING L, -J RIDGES E ;f,r'JiN r,;L;.lr:; ip, .1.4-r ! 1I D A':. LC.~ > I'I 0I. EXHIBIT "A' F F9vn ry- - - - - - "-I, 1F rasnuni ,J~;r WATER :,1, r - I F ~rii ll,ti ~ 'I F' L IC 1I C. 01- CIIE LP~L a$ LINE EASEMENT 5LI'iy IfrlI L1r ICL I Ill r (.s ~rJ t lI', I. 0.0215 ACRES nr. n a r rat' F 1 - ~ U I, i tt II J C2 ~ ~1 t r •f ~I G S ?i 1 1 'I r I ~J.•• I ^ I HJ Ik. rND .r '~,.I rr!'li ('rM i f11 rlJf 1Ir rA ~1)IJ lk,P~A 1J r14,'A .N1-.v L "I. WILSON SURVEY L 1 N H ~ ~ t ;i""'jJ 56 1 i AIB1 RAC I No. 1352 r I s' 1) r i Lni r s „1 t !14 r . r a ,at k %0.- L I:" 40 DEN TON COUN1 Y, 1 E,XAS r' rr :a I iT r: t U,f l.4~U l4)HV~yU~ ' . F /I"i►LFF .~4. 42.3 f ■ ■ 1 I r'6LF: 2:46?'; i Si (t'lI A V 0 ?'i 1 1. 1 i il• rr rirwn. ta7 I;, I; . [79i% J'(1QN ( If 4 or a '`y r Page 14 of 18 Development Agreement City of The Colony, Texas - Ridgepointe Homeoivnels Association 111212010 1:26:06 PM Exhibit C Wall Easement Form Page 15 of 18 Development Agreement City of The Colony, Texas Ridgepointe Homeowners Association 111212010 1: 26: 06 PM NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CITY OF THE COLONY WALL EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § THAT Texas Individual Property Owners, hereinafter called "Grantor", for in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF THE COLONY, TEXAS, hereinafter individually and collectively called "Grantee", the easement and right of ingress and egress upon and across the real property located in Denton County, Texas, as more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference as if fully set forth herein (the "Wall Easement Area") for the purpose of construction, reconstruction, maintenance, repairs and replacement of sound walls (the "Facilities") within the easement granted, all as required by the City of The Colony, Texas. The easement granted hereby and the Facilities shall be for public use and shall be dedicated to and thereafter maintained by the City of The Colony, Texas. TO HAVE AND TO HOLD the same perpetually unto Grantee and its successors and assigns, together with the right and privilege of ingress and egress and at all times to enter said premises, or any part thereof, for the purpose of construction, reconstruction, maintaining, repairing and replacing said Facilities, and all incidental improvements. Grantee shall have the right to construct, reconstruct and perpetually maintain, repair and replace, additional Facilities at all times in the future, within the above described boundaries. This Easement may be assigned in whole or in part. Page 16 of 18 Development Agreement Cit,, of The Colony, Texas Ridgepointe Homeowners Association 111212010 1:26:06 PM EXECUTED this the day of 2010. GRANTOR: BY: TITLE: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared , a Texas Individual Property Owner, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same, for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 2010. Notary Public in and for the State of Texas My Commission Expires: Page 17 of 18 Development Agreement City of The Colon>>, Texas - Ri.dgepointe Homeowners Association 11/2120101:26: 06 PM EXECUTED this the day of 2010. GRANTOR: BY: TITLE: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared , a Texas Individual Property Owner, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same, for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 2010. Notary Public in and for the State of Texas My Commission Expires: Page 18 of 18 Development Agreement City of The Colon.V, Texas Ridgepointe Homeowners Association 111212010 1:26:06 PM