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Home My WebLink About1999-412ORDINANCE NO eK— V1,�, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE ANNEXATION AGREEMENT ENTERED INTO BETWEEN THE CITY OF DENTON AND VIOLET PROPERTY ASSOCIATES, L P AS A PART OF THE SETTLEMENT OF LITIGATION STYLED CITY OF DENTON V DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO lA AND DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO 5 FOR THE PURPOSE OF ESTABLISHING A TIMELINE FOR CONSTRUCTION OF THE GRAVEYARD BRANCH EXTENSION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 4, 1999, the City of Denton ("Denton") and Violet Property Associates, L P ("Property Owner') entered into an Annexation Agreement as a part of the settlement of litigation styled City of Denton v Denton County Fresh Water Supply District No lA and Denton County Fresh Water Supply District No S, and WHEREAS, the Property Owner has requested that the Annexation Agreement be amended to set a completion date for Denton's construction of the Graveyard Branch extension and to more fully describe that wastewater line, and WHEREAS, the City Council deems it in the public interest that the First Amendment be approved, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a First Amendment to the Annexation Agreement entered into by and between Denton and Property Owner dated August 4, 1999, which establishes a completion date for construction of the Graveyard Branch wastewater extension subject to the conditions of the First Amendment in substantially the form of the attached First Amendment, which is made a part of this ordinance for all purposes SECTION 2 That the City Manager is authorized to take all of the actions as indicated in the attached First Amendment SECTION 3 That this ordinance shall become effective immediately upon its passage and approval d PASSED AND APPROVED this the �- day of AloVemkC, 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP P VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY m F \vhued\depN.GL\Our Documente\0rdtnmcae\99tanne"tion amendment doe Page 2 FIRST AMENDMENT TO ANNEXATION AGREEMENT This First Amendment to the Annexation Agreement entered into by and between the parties hereto dated August 4, 1999, (this "Amendment") is made and entered into effective as of the day of November, 1999, by and between the CITY OF DENTON, TEXAS ("Denton"), and -VIOLET PROPERTIES ASSOCIATES, L.P., ("Property Owner") WITNESSETH WHEREAS, Denton and Property Owner heretofore entered into that certain Annexation Agreement (the "Agreement") dated as of August 4, 1999, pursuant to the terms of which Denton agreed, among other things, to extend city wastewater lines to serve the development of the Property as more particularly described therein WHEREAS, Denton and Property Owner now desire to amend the Agreement as more particularly described below NOW, THEREFORE, for and in consideration of the covenants and undertakings set forth in the Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Denton and Property Owner hereby agree as follows AGREEMENTS. All terms which are defined in the Agreement shall have the same meaning when used herein, unless specifically provided herein to the contrary 2 Notwithstanding the terms and conditions of the Agreement, Denton shall construct or cause to be constructed, at its sole cost and expense, subject to the Property Owners repayment of its proportionate share of the costs and expenses in accordance with the Agreement, a wastewater line substantially in accordance with that certain wastewater line described in an Exhibit A which shall be prepared by Albert Halff and Associates and attached to and made a part hereof for all purposes (the "Graveyard Branch Extension") The consulting firm of Albert Halff & Associates shall perform the engineering design services for the Graveyard Branch Extension The Graveyard Branch Extension shall be completed prior to April 1, 2001 (the "Completion Date"), unless the Completion Date is amended in writing by Property Owner or unless the construction of the Graveyard Branch Extension is delayed by reason of war, civil commotion, acts of God, government restrictions, regulations,, or interferences, fire, flood or other casualty, or other circumstances reasonably beyond the control of Denton, in which case the Completion Date shall be extended for a period of time equal to the period of such delay This Amendment may be executed in separate counterparts, each of which shall be an original and all of which when taken together shall constitute one and the same instrument Further, this Amendment may be executed by both Denton and Property Owner by facsimile signature, such that execution of this Amendment by facsimile signature shall be deemed effective for all purposes as though this Amendment was executed as a "blue ink" original DallaA 437440 v 3 40989 00002 Except as amended hereby, the Agreement shall be and remain in full force and effect and is hereby ratified and confirmed by Denton and Property Owner Upon execution by the parties hereto, this Amendment shall be promptly recorded in the Real Property Records of the Office of the County Clerk, Denton County, Texas IN WITNESS WHEREOF, the Parties have executed this Amendment effective this the ' day of November, 1999 ATTEST: ennif r Walters City ecretary APPROVAL AS TO FORM y, Herbert L Prouty City Attorney CITY OF DENTO�Nr,, TEXAS By Michael ez, C / — Manager PROPERTY OWNER. VIOLET PROPERTIES ASSOCIATES, L P , a Delaware limited partnership By First Regency Enterprises, Inc , its General Partner By - Name Title G. T DallaA 437440 � 3 40989 00002 2 APPROVAL BY COUNSEL' 6'7 Terry D Morgan State Bar No 14454075 Terry Morgan & Associates Attorneys for the City of Denton illiam S DAIstrom State Bar No 05316300 Jenkens & Gilchrist, P C Attorneys for Property Owner DallaA 437440 v 3 40989 00002 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF D,nENTON § On this a I day of "�;;u�ovemner, 1999" before 4n�e personally appeared Michael Jez, City Manager of the City of Denton, Texas and acknowXX ged to me that he executed the foregoing instrument in his authorized capacity for and on bphof of the City of Denton O"F. rya �1 ANN FORSYTHE Notary PublicConni, Stets of Texas es My Commission Expires MAY 9, 2002 STATE OF NEW YORK COUNTY OF r✓ C Y PUBLIC IN AND FOR THE STATE OF My Commission Expires ez On this day of November, 1999, before me personally appeared o , Pro j , (,L4)( of First Regency Enterprises, Inc , a Delaware limited partnership, General Partner of Violet Properties Associates, L P , a Delaware limited partnership, and acknowledged to me that he executed the foregoing instrument in his authorized capacity for and on behalf of said limited partnership Notary, Public In and For the State of New York MARIA V SANTORO /,J (� Notary Public. State New York / ' No 0-4901903 Qualified in Bronx county Printed or T ed Name of Notar Commission Explreil 17, 192-- '') YP Y My Commission Expires Dallas4 437440 v 3 40989 00002 4 SMEWillow Lakes (Huffines Development) Proposed Water and Wastewater W-1 -E Utility Facilities g..p ; .2000 Exhibit A