1999-412AN 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 IA 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 Ctty of Denton v Denton County Fresh Water Supply Dtstrtct No
lA and Denton County Fresh Water Supply Dtstrtct No 5, and
WHEREAS, the Property Owner has requested that the Annexation Agreement be
amended to set a eompleUon date for Denton's construcUon of the Graveyard Branch extensmn
and to more fully describe that wastewater line, and
WHEREAS, the City Council deems it m the public interest that the First Amendment be
approved, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the City Manager ~s hereby authorized to execute a F~rst Amendment
to the AnnexaUon Agreement entered into by and between Denton and Property Owner dated
August 4, 1999, which establishes a oompleUon date for constructmn of the Graveyard Branch
wastewater extensmn subject to the condmons of the F~rst Amendment m substantmlly the form
of the attached F~rst Amendment, which ~s made a part of this ordinance for all purposes
~ That the C~ty Manager is authorized to take all of the actions as indicated m
the attached First Amendment
~ That th~s ordinance shall become effective ~mmedmtely upon Its passage
and approval
PASSED AND APPROVED this ther~~-'q~ day of /~/L2t//~/~/~ff''', 1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPI~OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
FIRST AMENDMENT TO ANNEXATION AGREEMENT
This F~rst Amendment to the Annexataon Agreement entered anto by and between the
partaes hereto dated August 4, 1999, (thas "Amendment") ~s made and entered into effectave as of
the _.~ day of November, 1999, by and between the CITY OF DENTON, TEXAS ("Denton"),
and VIOLET PROPERTIES ASSOCIATES, L.P., ("Property Owner")
WITNE~TH
WHEREAS, Denton and Property Owner heretofore entered ~nto that certain Annexation
Agreement (the "Agreement") dated as of August 4, 1999, pursuant to the terms of wh:ch Denton
agreed, among other things, to extend c:ty wastewater hnes to serve the development of the
Property as more particularly described there~n
WHEREAS, Denton and Property Owner now desire to amend the Agreement as more
parUcularly described below
NOW, THEREFORE, for and m cons~deraUon of the covenants and undertakings set forth
~n 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
AGR_EEMENTS.
All terms which are defined an the Agreement shall have the same meaning when used
hereto, unless specifically prowded hereto to the contrary
2
Notwithstanding the terms and condltlons of the Agreement, Denton shall construct or
cause to be constructed, at ats sole cost and expense, subject to the Property Owners
repayment of its proportionate share of the costs and expenses in accordance w~th the
Agreement, a wastewater lane substantially an accordance w~th that certain wastewater hne
described in an Exhibit A whaeh 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 finn of Albert Halff & Associates shall perform the enganeermg design
servaces for the Graveyard Branch Extenston The Graveyard Branch Extension shall be
completed prior to April 1, 2001 (the "Completion Date"), unless the Completion Date ~s
amended m writing by Property Owner or unless the constructxon of the Graveyard Branch
Extension as delayed by reason of war, c~wl commotion, acts of God, government
restncuons, regulations., or anterferences, fire, flood or other casualty, or other
carcumstances reasonably beyond the control of Denton, m which case the Completion
Date shall be extended for a period of tame equal to the period of such delay
3
Thas Amendment may be executed an separate counterparts, each of wh:ch 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
facsmmle signature, such that executaon of th~s Amendment by facsimile signature shall be
deemed effective for all purposes as though thas Amendment was executed as a "blue ~nk"
original
Dallas4 437440 v 3 40989 00002
4
Except as amended hereby, the Agreement shall be and remain ~n 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
4~.rA~ IN WITNESS WHEREOF, the Parues have executed this Amendment effective this the
day of November, 1999
CITY OF DENTON, TEXAS/
' M~chael ~ez, C~I~ M~nager
cAe~~TEST:
~nf~/~ Walte3i
y Secretary
APPROVAL AS TO FORM
Herbert L Prouiy ~/
C~ty Attorney f
PROPERTY OWNER.
VIOLET PROPERTIES ASSOCIATES, L P ,
a Delaware limited partnership
By
First Regency Enterprises, Inc,
its General Partner
By ~ ~ ('L ~m'c ['''
Name ', , ?~,1 ~ ~t-
T~fle '~ ~.~ ~
Dallas4 437440 ~ 3 40989 00002 2
Terry D M~rgan
State Bar No 14454075/
Terry Morgan & Associates
Attorneys for the Ctty of Denton
APPROVAL BY COUNSEL'
~qllllam S D~lstrom
State Bar No 05316300
Jenkens & Gflchnst, P C
Attorneys for Property Owner
Dallas4 437440 v 3 40989 00002 3
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DENTON §
On this /4' day of NovvmbmT-t99~, beforelne personally appeared Mmhael Jez, C~
Manager of the ~of Denton, Texas and ac~ow~dged to me that he executed the foregoing
instrument in hls au~or~ed capacity for and on ~f of th~ of D~
~-_,~.~:~.~-~~ THE STATE OF TEXAS
STATE OF NEW YORK §
-~, On this ~ day of November, 1999, before me personally appeared
i 0 .~. ~ ~ , p~ 0, cL~ of F:rst Regency Ente.nses, Inc, a Delaware
hmtte~p~mersh~p, General P~mer of V~olet Properues Assoczates, L P, a Delaware hmzted
partnership, ~d ac~owledged to me ~at he executed the foregoing instrument m h~s au~onzed
capacity for and on behalf of smd l~zted pa~tnershzp
Notarg, ~bhc In tnd For the State of New York
N~aW Public, State of N~w York /
Quahfl~ In aro~ County ~ r~
Commmsmn ~lreaAug. 17, 1~ ~) Printed or Typed Name of Notary~
My Co~]ssmn Exp,res ~ ,/-]~ ~ ~tj
Dallas4 437440 v 3 40989 00002 4
Highway 377
20" Water Line
Graveyard Bran(:h
21" Samtary Sewer
'!9,730 L F
Ltnes are shown for plannmg purpose~ only
Actual routing of hnes ts subject to completton
of routing studtes and easement acquz~tttor~
Willow Lakes (Huffines Development)
Proposed Water and Wastewater
Utility Facilities
Exhibit A