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Legends Ranch Fire Service Agreement FIRE SERVICE AGREEMENT CONCERNING LEGENDS RANCH MUNICIPAL UTILITY DISTRICT OF DENTON COUNTY This Fire Service Agreement Concerning Legends Ranch Municipal Utility District of Denton County (this "Fire Agreement") is entered into by the City of Denton, Texas, a Texas Home Rule municipality(the"City"),Legends Ranch Development,LLC,a Texas limited liability company ("Developer"), and Legends Ranch Municipal Utility District of Denton County, a municipal utility district created pursuant to Article XVI, Section 59, of the Texas Constitution, Chapters 49 and 54 of the Texas Water Code(the"District"). The City,Developer,and the District are each a "Party" and collectively the "Parties" to this Agreement. This Fire Agreement shall become effective on M(,4 c�' , 200-5L(the "Effective Date"). ARTICLE I RECITALS WHEREAS, Developer and City entered into that certain Development Agreement concerning Legends Ranch Municipal Utility District of Denton County, effective -6ok 14%, a03athe"Development Agreement'); and WHEREAS, the defined terms herein shall have the same meaning as provided in the Development Agreement,unless specifically provided otherwise herein; and WHEREAS, since the effective date of the Development Agreement, Developer and the City have agreed that the City will provide the hereinafter defined Fire Protection Services to the Property; and WHEREAS, since the effective date of the Development Agreement the Texas Commission on Environmental Quality(the"TCEQ")has created the District,which encompasses all of the Property; and WHEREAS, the Parties wish to provide the terms under which the City will provide the Fire Protection Services to the Property; and WHEREAS, the Development Agreement contemplates this Fire Agreement being incorporated into and a part of the Development Agreement upon its execution; and WHEREAS, this Fire Agreement is entered into pursuant to Texas Local Government Code Section 212.172 to set out the mutually agreeable terms and conditions relating to the City providing Fire Protection Services to the Property; and NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions hereinafter set forth, the Parties contract and agree as follows: 1. The Development Agreement hereby incorporates the following: 018144. -0415.v1 ARTICLE IV FIRE PROTECTION SERVICES Section 4.1. Definitions. In this Fire Agreement: "Connection" means a single-family residential unit or its commercial equivalent that receives water supply from a District's internal potable water distribution system. For purposes of this Fire Agreement, a Connection shall be considered to have been made at the time of physical attachment to the District's internal water distribution lines, regardless of whether the customer is actually utilizing utility service at such time. "Fire Tax" means that ad valorem tax levied by the District to pay for Fire Protection Services. "Fire Protection Services" means all fire suppression and emergency medical/first responder and rescue services regularly provided by the City to persons and property located within the City,which shall also,by this Fire Agreement,be provided by the City to persons and property located within the Property,except for fire inspections of buildings and properties, code enforcement services, and arson investigations (which shall not be included in services provided to persons and property located within the Property). Section 4.2.Applicability to the District. (a) The District shall develop a fire plan in accordance with Section 49.351, Texas Water Code, and the rules of the TCEQ (the "Plan"), incorporating the terms of this Fire Agreement, and submit the Plan to the TCEQ for its approval. Upon TCEQ's approval of the Plan, the District shall call an election and obtain voter approval of the Plan and this Fire Agreement (the"Fire Plan Election"). The Fire Plan Election shall include a request of voter authorization for the District to levy a tax not to exceed $0.16 per $100 assessed valuation solely to support Fire Protection Services ("Fire Tax").The District will use its best efforts to cause this Fire Agreement and the Plan to be submitted to the TCEQ for approval and obtain voter approval of the Plan in accordance with the terms of this Fire Agreement. (b) Other than the provisions of Section 4.2(a) which are effective as to the District upon the Effective Date, this Fire Agreement will take effect as to the District at such time as the District has held and declared the results of a successful Fire Plan Election,including the approval of the Fire Tax. The District shall notify the City of the successful Fire Plan Election within fourteen(14)days after canvassing such election. Section 4.3.Fire Protection Services. (a) The City has an existing fire station located within the corporate limits of the City and described in the attached Exhibit"A" ("City Fire Station"). The City will respond to calls for Fire Protection Services from the City Fire Station or, at the City's sole discretion, other fire stations owned and operated by the City. The City shall staff'the City Fire Station with trucks, equipment and necessary personnel to provide the Fire Protection Services twenty-four(24)hours per day, seven (7) days per week. In providing Fire Protection Services to residents and property located in the District, the City shall be solely responsible for the operation and maintenance of the City Fire Station and equipment and staffing. (b) The Parties acknowledge that in providing Fire Protection Services to the residents and property in the District,the City will use the fire hydrants,connections, and water distribution system located within the District ("Water Distribution System"), but the City shall not be responsible for providing for, constructing, inspecting, maintaining, or repairing any part of the Water Distribution System,and the City shall not be liable to the District,Developer or any District occupant, resident or property owner for any deficiency or malfunction of the Water Distribution System or harm caused by such deficiency or malfunction. (c) During the term of this Fire Agreement, the City will provide Fire Protection Services to persons,buildings, and property located within the District, including, any land that is added to the District via annexation ("Annexation Area"), upon notification to the City of final District action annexing any land and the payment for Fire Protection Services for such land in accordance with this Fire Agreement. The City will provide Fire Protection Services to residents and property in the District in the same manner and with the same standard of care as it would to those residences and structures located in other areas of City coverage. (d) The Parties acknowledge that the City must also respond to requests for Fire Protection Services in other areas outside the District and that the City may now, or in the future, have contracts to provide Fire Protection Services to other entities. In providing Fire Protection Services to the District, the City will follow its adopted standard operating procedures, subject to its sole discretion, without being in breach of this Fire Agreement and without liability to the District or its occupants, residents, or property owners, to determine: (1) whether Fire Protection Services are needed in a particular case; (2) whether and when personnel or equipment are available to respond to a request for Fire Protection Services; (3) the order in which to respond to requests for Fire Protection Services; (4) the time in which to respond to a request for Fire Protection Services; or (5) whether to respond to a request for Fire Protection Services from the City Fire Station or another fire station owned and operated by the City. (e) The District and City assume no responsibility for the reliability, promptness, or response time of the City. The District's sole obligation for provision of Fire Protection Services to its residents is to make payments as described below. (f) It is understood and acknowledged,that,because of the distance between the City's Fire Station and the District,response times to calls within the District may be longer than response times to locations within the City's corporate limits, unless and until the City constructs a fire station closer to,or within the Fire Protection Services Area(hereinafter defined),and that the City shall not be in default of this Fire Agreement resulting from such difference in response times of ISO fire insurance rates. (g) City shall maintain records of response to emergency calls, including, but not limited to date,time, location of emergency,type of emergency,time to response and results. City agrees to provide a report to the District, containing the foregoing information for a period not exceeding twelve (12) months not later than thirty (30) days after receipt of a written request in accordance with the Texas Open Records Act, Tex. Gov. Code Chapter 552. Requests for data for a period earlier than one (1) year prior than the date the request is received shall be delivered to the District as soon as reasonably feasible. It is understood and acknowledge that City shall not be required to provide data and information relating to periods of time beyond City's standard records retention period for such data and/or information if such data and/or information has been deleted or destroyed in accordance with City's records retention policy, or if such data or information is confidential by law. Section 4.4. Personnel. (a) The City shall provide all required personnel who meet, at least, minimum state qualifications to perform the Fire Protection Services required by this Fire Agreement. The City shall be responsible for the salaries and benefits of the personnel providing the Fire Protection Services. The District assumes no responsibility for the actions of the City's personnel in performing their fire protection duties. The District will make no recommendations and is in no way responsible for the selection, sufficiency, or qualifications of the City's personnel. (b) City shall be responsible for providing all general and personal liability coverage necessary for the adequate protection of City employees or volunteers providing Fire Protection Services at the same level of protection afforded officers and employees while performing the same or similar duties in City's corporate limits. Section 4.5. Pavment for Fire Protection Services. (a) In consideration of the City providing Fire Protection Services, the District agrees to make the payments specified in subsections 4.5(b) --- (f) to the City. The payments hereunder shall be mailed or delivered to the City at: City of Denton,Finance Department 215 E McKinney St. Denton,TX 76210 (b) Within six (6) months after the Effective Date of this Fire Agreement, the District shall pay to the City a one-time fee of$300,000. The District shall pay an additional fee to the City equal to$550 per acre for any land annexed into the District after the Effective Date. (c) Within six (6) months after the Effective Date of this Fire Agreement, the District shall pay to the City a one-time fee of$250,000, to be held in escrow, for capital costs associated with a future City fire station to be located at the City airport to provide service to the District. (d) During each year that the District levies an ad valorem tax, the District agrees to levy and collect the Fire Tax against all taxable property located within the District(as of January 1 of such tax year) in the amount of$0.16 per $100 assessed valuation and to transfer to the City all of the collected Fire Tax with the first payment due by March 31, following the first year such tax is levied by the District. The District agrees to pay the City any subsequently collected Fire Tax received after March 15'of the applicable year during each subsequent calendar quarter. The District agrees to provide annual tax collection reports or customer collection reports to the City, upon written request by the City. Such contract tax will expire upon the annexation of the Property into the City's corporate limits. (e) At the issuance of each single-family residential building permit within the Property, the District shall collect and pay to the City a "Fire Protection Facilities Capital Fee" equal to $550. The District shall only be required to collect and pay one Fire Protection Services Capital Fee for each developed lot. (0 At the issuance of each multi-family residential building permit within the Property, the District shall collect and pay to the City a"Fire Protection Facilities Capital Fee"equal to$250 for each separate residential unit within the building. (g) Each of the fees collected in accordance with subsections 4.5(e) —(f) shall be paid to the City at the time of issuance of the building permit. The District may fund the payments described in subsection(c)through any legally available funds of the District, including adopting and enforcing a mandatory fee for firefighting services, as authorized by Sections 49.212 and 49.351,Texas Water Code,as amended; provided,however,if the District elects to fund the annual payments through a mandatory fee, the District agrees that such payments to the City shall be reflective of an amount that would have been collected if the District implemented the Fire Tax. (h) The City agrees to use the monies paid to the City pursuant to subsections 4.5(b) - (c) solely to fund Fire Protection Services, including, but not limited to, providing personnel, equipment and a fire station. The City agrees to receive the "Fire Protection Facilities Capital Fees" paid pursuant to subsections (e) — (f) above and deposit them in a separate account to be used solely to build a fire station located within the Property reflected on the attached Exhibit`B" or otherwise within the Fire Protection Services Area. Section 4.6. Cost Sharing with Other Developments in the City Fire Protection Services Area. The City agrees to work in good faith with Denton County and the District to require other developments ("New Participant") located in the area described in Exhibit "C" ("Fire Protection Services Area") to contribute proportionately to the costs of providing Fire Protection Services, including personnel, equipment and construction of a fire station located closer to the District. The City agrees to use its good faith efforts to require the New Participant to pay its pro-rata share of all such costs based upon the number of lots to be developed in such project. If the City is providing Fire Protection Services to other developments within the Fire Protection Services Area, so that the costs being paid by the District are also being funded by others receiving Fire Protection Services from the City,the City agrees to renegotiate in good faith a decrease in the amount of any payments due by the District pursuant to Section 4.5 so that the costs of the Fire Protection Services and Fire Protection Facilities Capital Fees are spread pro-rata over the parties receiving such service. Section 4.7. Dedication of Land and Construction of Fire Station in the Fire Station Services Area. (a) Owner and District agree to dedicate two and one half(2.5)acres of land located in the southeast corner of the District and described in Attachment`B"(the"Fire Station Site") at no cost to the City for the City to construct a future fire station. (b) If the City determines, in its sole discretion,that additional facilities are required in order to provide the Fire Protection Services to the District at the same standard as it would to other areas of City coverage, the City may construct of a fire station within the Fire Protection Services Area. The City will construct a future City fire station to be located on the Fire Station Site within the District at such time that the call volume and response times are determined to be outside the industry standards by the City's Fire Department. The City will work in good faith to begin design of a fire station upon the 1,000th Connection within the District, but failure to commence the design by such date does not constitute a breach of this Fire Agreement. The City will work in good faith to begin construction of a fire station upon the 1,200th Connection within the District,but failure to commence the construction by such date does not constitute a breach of this Fire Agreement. Upon completion of said fire station, it will be defined as a City Fire Station for the purposes of this Fire Agreement. The City shall own the fire station and all equipment, land, furniture, fixtures, equipment, fire apparatus, and vehicles related thereto. (c) Section 4.8.Term of City Obligation to Provide Fire Protection Services. The initial term of the provisions of this Fire Agreement shall begin on the Effective Date of this Fire Agreement and continue for successive five (5) year terms, unless the City or the District terminates the Fire Agreement upon no less than two(2)years advance notice to the other. In the event either the District or the City timely exercises its right to terminate hereunder prior to the City beginning design and construction of a fire station in the Fire Protection Services Area, all unexpended monies then held by the City as Fire Protection Service Capital Fees shall be returned to the District. At such time as the City initiates design or construction of a fire station in the Fire Protection Services Area, the term of this Fire Agreement shall extend thirty (30) years from the date of the initiation of such construction project and then continue for successive five (5)year terms unless terminated by the District or City upon two (2)years advance notice. 2. Except as specifically provided herein, all provisions of the Development Agreement shall remain in effect. IN WITNESS WHEREOF, each Parry has caused this Fire Agreement to be executed by its undersigned duly authorized representative. ATTEST: CITY OF DENTO --"I} Y TARP By: By: Name: Sara Hensley Title: City ana e�a Date: 11 STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , by Sara Hensley, I�2 City Manager of the City of Denton, Texas on behalf of said city. 00 o KANSA LEIGH ROM rro , MY NOWY ID#13 S EqknDeoet*v U,2028 otary Pub fc, State of Texas APPROVED AS TO FORM: MACK REIN,WAND, CITY ATTORNEY By: t? /s` , "g=�- /2T - THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. SIGNATURE PRINTED NAME TITLE DEPARTMENT LEGENDS RANCH DEVELOPMENT,LLC a Texas Iimited liability company By: Name: Its: THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on A 1��I L 2�J —2$2-; by Z2?zny of Legends Ranch Development, LLC,a Texas limited liability company and on behalf of said company. }��wv fie KATRINA R CANSLER Notary ID#133215929 N� *� My Commission Expires Notary Public, State of Texas ov July 5, 2025 Following the District Confirmation Date, the District has executed this Fire Agreement. LEGENDS RANCH MUNICIPAL UTILITY DISTRICT OF N C TY By: President, Board of Directors Date: y f a 7�o�UoZ 3 STATE OF TEXAS § COUNTY OFF § This instrument was acknowledged before me, on the eU d of rtl , 2023, by D,10'd oew(N n , President of the Board of Directors of LegendA Ranch Municipal Utility District of Denton County, on behalf of said District. Notary u hc, State of Texas Printed Name: rl;r iQ C'v40d'e6:e My Commission Expires: V(ZCo QR [SEAL] CARSON H WDDECKE NOTARY 10#13330768.8 f�'• My Commission Expires September 01,2Q2 5 EXHIBIT "A" "CITY FIRE STATION" FIRE STATION 49 9 I F f�'Q. 8 Min Response Time Current Roads Fire Stations �� l Fire Station Planned Fire Stationsc� 1P Fire Station u J O p Municipal Ut"bistrkts 1 Astra/Denton County MUD#11 Earthland Farms + f Hickory Creek i 1f LaLa Ranch p La La Ranch Expansion p Q O ���111111 dddlJJ C� Legends Ranch I 0 Meadows ) } Rocky Top Ranch ` q Sherwood Stonehill Ranch Young Tracts ^ ^ f M 6 Minute Response Time 17 B Minute Response Time IMCity Limits L t ETJ-1 DISH r _` North4ke I I I I — - —7 H.ckory 0 0.5 1 2 3 4 ---- M i I e s r-♦iv-sn EXHIBIT `B" "AREA WITHIN WHICH NEW FIRE STATION WILL BE BUILT" LLepal Description to be inserted l VICINITY MAP i v I ------------ ------------ - ----------- --------------------- \ \ 1 °'1PCPF9 - GROSS AREA:t3.19 ACRES p NET AREA:t2.69 ACRES Exhibit B DENTON FIRE STATION SITE rci wl Denton Fire Station gends Ranch Kimley* F-e,!28,2022 Denton-Division One ETJ,Texas EXHIBIT "C" "CITY FIRE PROTECTION SERVICES AREA" Municipal Utility Districts (MUDs) GREGORY RD LHISAM RD fly^ G U VIEW RD x O F LOIS RD W rc CHISUM RD f LOIS RD E i WAIDE RD ;� O F � AF FM 455 W 455 DUCK CREEK RO 245 I PRUETT RD FREEMAN R, BERNARD RD REOTOR RD - DOYLE RD C+� I DIAN TRL Bq\RD_, l G If FLOW RD \ --- Q�`—- ---- 316 MIL•AMiRJE HAWKEYE RD r 11] FM rrrJ HOPKINS-Rp G'tN2ERIRDJW — GANZEP GH RD Y - m PLUNVIEW:RD BURNS BRANCH RD \ • F• \ 'I N LOOP VS 288 0 JACKSUNRp 156 ,\ \ -NM CH, WWINDSOR DR O H\M,: FORGE FOSTER RD 262 WUNIVERSITY DR LDSTDNEYRD Np 380 0 JIN CHRISTAL RD 2 D r W OAK ST \\ 12A1�3 KNIGHT-LN e - — isKIL 4o)�noM coLE RD= JANUARY-LN 3]] A 1m� —1 W FM z.R 224 r, W Q- FM2446 Y;O= T� \3 OQ- FM 244E O1-11 IT RD --- I14Jy ssEN Rp 41 Astra/Denton County MUD#11 =1 OLEX Q N 0 0.5 1 2 City Limits Miles Earthland Farms Rocky Top Ranch City Proper we q Q Hickory Creek �Sherwood ETJ Division 1 IS S4� clly LaLa Ranch Stonehill Ranch ETJ Division 2 DENTON LaLa Ranch Expansion �Young Tracts Q a o Development Services•GIS Legends Ranch Z 1`• Date:7/7/2021 This product is for informational purposes and may not have been prepared for or be suitable for legal,engineering,or surveying purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.Although every effort was made to ensure the accuracy of this data,no such guarantee is given or implied.Utilization of this map indicates the understanding that there is no guarantee to the accuracy of this data.