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HomeMy WebLinkAbout2011-139sAlegahour documentslordinances1111parks development agreement unicorn lake estates.doc ORDINANCE NO, 2011-139 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DENTON AND ULE, L.L.C. FOR THE DEDICATION OF PARK LAND AND CONSTRUCTION OF TRAILS AT A NEIGHBORHOOD PARK AT THE UNICORN LAKE ESTATES SUBDIVISION; AUTHORIZING ACCEPTANCE OF LAND AND IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, ULE L.L.C. the developer of the Unicorn Lake Estates Addition near the Unicorn Lake Town Center has asked consideration for approval of a plan to dedicate land and construct a neighborhood park area and trail in lieu of Park Development Fees; and WHEREAS, the City Manager recommends and the City Council deems it in the public interest that the City enter into the Development Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager is hereby authorized to execute on behalf of the City, a Development Agreement in substantially the form of the Agreement, which is attached hereto and incorporated by reference herein. SECTION 3. The City Manager is hereby authorized to receive land and to undertake the obligations as set forth in the Agreement. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETAR'x BY: J L APP OVED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: macintosh hd:users:terrymitchell: downloads: unicorn lake estates development agreement.docx DEVELOPMENT AGREEMENT THIS DEVELOPMENT Agreement (the "Agreement") entered into between ULE, L.L.C., a Texas Limited Liability Company, (the "Developer") and the City of Denton, Texas, a municipal corporation (the "City") as of the Effective Date as provided below. Introductory Provisions Developer is the owner of and is currently developing a 26.746 acre tract of land for residential use known as Unicorn Lake Estates Phase 1, 2 and 3, ( the "Project") situated in the B. Lewis Survey, Abstract No. 769, and the J. Fisher Survey, Abstract No. 421, in the City of Denton, Denton County, Texas, and being a called 26.746 acre tract described by Special Warranty Deed granted to Developer, as recorded in Instrument Number 2011-11586, Deed Records, Denton County, Texas (the "Property"); and Developer will improve a portion of the Project, consisting of Lot 1 of Block A, of the Project, as park land for public use, by constructing an eight (8) foot concrete paved pedestrian trail. Lot 1 of Block A of the Project is more particularly described on the diagram attached to this Agreement as Exhibit "A," and incorporated herein by reference (the "Parks"). In addition, the attached Exhibit "A" contains a layout of the Trail (the "Park. Improvements"); and A final plat of Phase 2 of the Project (which contains the park site) is attached to this Agreement as Exhibit `B" which Exhibit is incorporated herein by reference; and Developer intends to dedicate the Park to the City to satisfy the City's park dedication requirements for the Project contained in Section 22-37 of the City's Code of Ordinances; and Developer and the City enter into this Agreement to confirm their verbal agreements concerning [a] the Developer's construction of the Park Improvements and dedication of the Park to the City, and (b) the City's agreement to credit the park dedication requirement and the Park Development Fee (assessed at the time of building permit). A. Agreements For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Construction and Location of Parks Improvements. Developer will construct the Park Improvements, including [a] grading and dirt work, and [b] City approved eight (8) foot trail. The location of the Park Improvements is identified on the attached Exhibit "A". 2. Costs of the Park Improvements. An estimate of the costs of the Park Improvements is contained on the Exhibit "C" attached to this Agreement and incorporated herein Page 1 of 5 macintosh hd:users:terrymitchell:downloads:unicom lake estates development agreement.docx by reference. Prior to beginning construction of the trail, the Developer will submit the costs to construct and install the Park Improvements for approval by the City (the "Park Improvement Costs"). The City will determine if the costs are reasonable. In addition, the contractor shall comply with all City indemnification and insurance requirements. 3. Dedication of the Parks. Upon execution of this Agreement, the Developer will dedicate the Park to the City by and at the time of filing the Unicorn Lake Estates, Phase 2 Final Plat. The City and the Developer will work cooperatively to process the Developer's dedication of the Parks. The City shall prepare, execute and record all documents related to the dedication and conveyance of the Parks at the Developer's sole expense. The dedication of the Parks will satisfy Developer's total park dedication requirements for the Project in satisfaction of Section 22-37 of the Code of Ordinances. Any payments in lieu of park dedication paid to the City for the Project under Section 22-38 of the Code of Ordinances shall be refunded to Developer. 4. Credit To Developer. Within 30 days after completion and acceptance of the Park Improvements the City will issue a letter to ULE, LLC and/or its assigns summarizing the credit against the Park Development Fee. Such credit will allow the builder of the homes in the Project to not pay the Park Development Fee at any point of the homebuilding process (i.e. at request for building permit, certificate of occupancy or otherwise). 5. Subsequent Park Improvements. Should there be park development fees collected for the Project in excess of the Costs of the Park Improvements and should Developer desire to construct additional park improvements to the Park (the "Additional Park Improvements"), Developer may petition City to amend this Agreement to permit such Additional Park Improvements. The City in its sole discretion may permit such Additional Park Improvements. Should the City agree to such Additional Park Improvements, construction of same shall comply with the three-way construction contract, bidding, cost approval, bonding, and insurance requirements set forth in paragraph 2 above. In no event shall Developer be entitled to reimbursement of any costs of the Park Improvements or Additional Park Improvements that exceed the amount of the park development fees collected pursuant to Section 22-39 of the Code of Ordinances. Any such additional costs will be the sole responsibility of the Developer. B. Miscellaneous 1. This Agreement contains the full and complete Agreement of the parties hereto, and A prior negotiations and Agreements pertaining to the subject matter hereof, are expressly merged in this Agreement. Each party hereto disclaims any reliance on any facts, promises, undertakings or representations (oral or written) made by any other party, or his agent or attorneys, prior to or contemporaneous to the date of execution of this agreement. Page 2 of 5 macintosh hd:users:terrymitchell:downloads:unicom lake estates development agreement.docx 2. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns. 3. All parties acknowledge that this Agreement is the result of substantial negotiation between the parties. All parties further acknowledge that each party and its legal counsel have reviewed, revised, and contributed to this Agreement; so that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement, nor any amendments or exhibits thereto. 4. In case any one 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 any other provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 5. All notices required to be given under this Agreement shall be given in writing and shall be effective when actually delivered or when deposited in the United States mail, first class, postage prepaid, addressed to the party to whom the notice is to be given at the addresses shown below. Notices may be given via facsimile at the numbers below. Any party may change its address or fax no. for notices under this Agreement by giving written notice to the other parties, specifying that the purpose of the notice is to change the parry's address. For notice purposes, each party agrees to keep the other informed at all times of its current address and fax number. To Ci City Manager City of Denton City Hall 215 E. McKinney Denton, Texas 76201 Fax No. 940.349.8596 To Developer: Terry Mitchell, Principal ULE, LLC 300 E. John Carpenter Fwy Suite 940 Irving, Texas 75062 6. This Agreement shall be construed under the laws of the State of Texas and is fully performable in Denton County, Texas. Exclusive venue for any suit to enforce the terms and conditions of this Agreement shall be a court of competent jurisdiction in Denton County, Texas. Page 3 of 5 macintosh hd:users:terrymitchell:downloads:unicom lake estates development agreement.docx 7. This Agreement may be executed in multiple counterparts, by one or more signatories, separately and each of such counterparts shall be deemed an original for all purposes, and all such signed counterparts shall constitute but one and the same instrument. For purposes of the parties' execution of this Agreement, it is expressly agreed that a facsimile or telecopy of a party's signature hereto shall be valid, binding and enforceable as the on' ,ginal. ?(the Signed to be effective the� day of �, , 20111 "Effective Date"). DEVELOPER: ULE, LLC tiu n Terry itchell, P.E., ULE, C - Principal CITY OF DENTON, TEXAS: By: George C. Campbell City Manager 215 E. McKinney Denton, Texas 76201 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APP VED JO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: Page 4 of 5 macintosh hd:users:terrymitchell:downloads:unicom lake estates development agreement.docx ACKNOWLEDGMENTS 0 IMy"67*llzorvl COUNTY OF DENTON 1 The foregoing Development Agreement was executed before me on the O"day of 2011 by George C. Campbell, City Manager of the City of Denton, Texas, a Texas municipal corporation, on behalf of said municipal corporation. JENNIFER K. WAITERS e• Notary Public, State of Texas N ',= My Commission Expires Notary Pu is in and for the December 19, 2014 State of Texas STATE OF TEXAS 7P-�7A�+�- Tt1�7'�/-�A7� 7S COUNTY OF NOSY The foregoing Development Agreement was executed before me on the I e day of Gyivr�%�" , 2011 by Terry Mitchell, Principal, ULE, LLC a i�><�' �LG and the -gemspal pmuer of ULE, LLC, a Texas limited i��, on behalf of said limited p�. {" �Gz f� l �4I, z�,• �, 6 "-I� I ,-4-y dog 7 KARLA W JONES I `Jo1lRY P�B;� "b Notary Public, State of Texas My Commission Expires June 11, 2014 Name: "r !U W _ or--S Notary Public in and for the State of Texas Page 5 of 5 Q J a z aw M~ w W ` X X w a a Z U) ~~+�yN� z 0>` t �av TEg ao a� a as bsy ;�',q' 11 dag 1%cis N ¢ yRA`e `^ � ec �B �R PR kg 66 � g9 ems; or I1�6� �Jn19 ' OGVOd1S3� Lu _ __ __— _ __cc 3AI80 0838swos @ x 41-4 10 0 z Z� Ei.�pp I Bs ❑Ao a OW . e p 3a IR 0 ygg85o�8` a ; ' Iv2 a 1 HIM Mill p 3sum. it 1 �'og� �o eegoL=fib e I9.mN B ekE�eo J 13i W s„m. 1ggW a ej B" a W i — - $i I iz co I�� el I wadm, 9 8 r I O it W I - YLL I rummy � i t 4 , - - - —___ I y Oa3�9wog______ 5R $a &SSao € 5 x�m E SA. �y II I ;I 1 mw — I --III I Y l 4 II Il it I a J CL m J H Z 2U— N W `w i a EXHIBIT C ESTIMATE OF DEVELOPMENT COSTS UNICORN LAKE ESTATES PARK SYSTEM Construction 1.8'Wide, 5" Thick Concrete Trail 1,194 LF $32/LF $38,208 *There may be other costs involved (minor grading, design fees, etc) but since this amount exceeds the total being credited ($291 x 106 lots= $30,846) no further effort was required to establish these amounts.