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Home My WebLink About1999-437ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND 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 1A AND DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO S FOR THE PURPOSE OF ESTABLISHING A TIMELINE FOR CONSTRUCTION OF THE HIGHWAY 377 WATER LINE, 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 IA and Denton County Fresh Water Supply District No 5, and WHEREAS, on November 2, 1999, the City Council approved Ordinance No 99-412 amending the Annexation Agreement to establish a timeline for construction of the Graveyard Branch wastewater line extension, and WHEREAS, the Property Owner has requested that the Annexation Agreement be amended a second time to set a completion date for Denton's construction of the highway 377 water line and to more fully describe that water line, and WHEREAS, the City Council deems it in the public interest that the Second Amendment be approved, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Subject to the Property Owner executing the Second Amendment to the Annexation Agreement and after approval of the document by the City Attorney, the City Manager is hereby, authorized to execute a Second 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 Highway 377 water line subject to the conditions of the Second Amendment in substantially the form of the attached Second 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 Second Amendment SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /& rLday of 1999 ATTEST JENNIFER WALATERS, CITY SECRETARY BY �YVU% If'1 _ I AJX IJC bg APPROVED ATTO LEGAL FORM HERBERT L PROUTY, CITY ATTQWY �1 F bhured\depN.OL\Our DmummW\0rdtnwm\99\sc=d wne attm amandmnt dw JACK I�; . , MAYOR Page 2 SECOND AMENDMENT TO ANNEXATION AGREEMENT This Second 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 I V 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 water lines to serve the development of the Property (as more particularly described therein) WHEREAS, Denton and Property Owner heretofore entered into that certain First Amendment to Annexation Agreement, dated November _, 1999, pursuant to the terms of which Denton agreed, among other things, to complete or have completed the Graveyard Branch Extension (as defined therein) by April 1, 2001 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* 1 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 water line substantially in accordance with that certain water line described in an Exhibit A which shall be prepared by Kimley-Horn & Associates, Inc and attached to and made a part hereof for all purposes (the "Highway 377 Water Line") The consulting firm of Kunley-Horn & Associates, Inc shall perform the engineering design services for the Highway 377 Water Line The Highway 377 Water Line 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 Highway 377 Water Line 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 nall"4 444134 v 2 40989 00002 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 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 4�day of November, 1999 CITY OF DENTON, TEXAS By AW6/0I'A' ichae Jez, C nager ATTEST infer alters ty Secretary APPROVAL AS T FPRM Herbert L Prouty City Attorney �! Dallas4 444134 v 2 40989 00002 PROPERTY OWNER - VIOLET PROPERTIES ASSOCIATES, L.P., a Delaware limited partnership By First Regency Enterprises, Inc , its General Partner By Lf J7- - Name iZ 6, : r- /i R,4,-e Jr. Title yr Dailas44441341 2 4098900002 APPROVAL BY COUNSEL: zek--- T rry D M6rganWilliam S Dahlstrom State Bar No 14454075 State Bar No 05316300 Terry Morgan & Associates Jenkens & Gilchrist, P C Attorneys for the City of Denton Attorneys for Property Owner Uallas4 444134 v 2 40989 00002 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § o,x�a4/ 2CCr On this Zll� day of before me personally appeared Michael Jez, City Manager of the City of Denton, Texas and acknowledged to me that he executed the foregoing instrument in his authorized capacity for and on behalf f t e City of Denton NOTARY OUBLIC IN AND OR =Sw SYTHE THE STATE OF TEXAS tate of Texaslen fiMPres7002 My Commission Expires STATE OF NEW YORK COUNTY OF F 4 /C On this day of vember, 1999, before me personally appeared � r(L , _ P 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 ALISON E VAZOUEZTELL Notary NobOIVlic A5082616 of New York Oualdied in Sudfo'k Court Commission Expues Juy 28 LWO l � Notary Public In and For the New York Printed or Typed Name of Notary My Commission Expires tLe Dallaa4 444134 v 2 40999 00002 I Highway 377 r 20" Water Line r I 17,750 L F I a. JOHNSON r r ♦ I I m W $, D� Graveyard Branch 21" Sanitary Sewer 19,730 L F r-- ; C 1 s Lines are shown for planning purposes only Actual routing of lines is subject to completion of routing studies and easement acquisition N Willow Lakes (Huffines Development) 41LI61 Proposed Water and Wastewater E INCRTW Utility Facilities Scale ; .:oeo Exhibit A