1999-437AN 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 lA AND DENTON COUNTY FRESH WATER SUPPLY
DISTRICT NO 5 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 htlgatmn styled C~ty of Denton v Denton County Fresh Water Supply D~stnct No
IA and Denton County Fresh Water Supply D~strtct 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 extensxon, and
WHEREAS, the Property Owner has requested that the Annexation Agreement be
amended a second tnne 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 C~ty Council deems ~t in the pubhc interest that the Second Amendment
be approved, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ 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,authonzed 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 condmons of the
Second Amendment in substantially the form of the attached Second Amendment, whmh is made
a part of th~s ordinance for all purposes
~ That the City Manager 1s authorized to take all of the actions as indicated in
the attached Second Amendment
~i~ That this ordinance shall become effective lmmedmtely upon its passage
and approval
JACK~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
~fdV;;'^~o~o^~o~
Page 2
SECOND AMENDMENT TO ANNEXATION AGREEMENT
Thts Second Amendment to the Annexatton Agreement entered tnto by and between the
parues hereto dated August 4, 1999, (thts "Amendment") is made and entered mto effecnve as of
the l °~ day of November, 1999, by and between the CITY OF DENTON, TEXAS ("Denton"),
and VIOLET PROPERTIES ASSOCIATES, L.P., ("Property Owner")
W!TNE_SSE_TH
WHEREAS, Denton and Property Owner heretofore entered into that certmn Annexation
Agreement (the "Agreement") dated as of August 4, 1999, pursuant to the terms of whmh Denton
agreed, among other thmgs, to extend ctty water hnes to serve the development of the Property
(as more pamcularly described therem)
WHEREAS, Denton and Property Owner heretofore entered tnto that certain F~rst
Amendment to Annexation Agreement, dated November __, 1999, pursuant to the terms of
whmh Denton agreed, among other things, to complete or have completed the Graveyard Branch
Extension (as defined therem) by Aprtl 1, 2001
WHEREAS, Denton and Property Owner now desire to amend the Agreement as more
parncularly described below
NOW, THEREFORE, for and tn constderanon of the covenants and undertaktngs set forth
tn the Agreement, and other good and valuable constderauon, the recetpt and sufficiency of whtch
are hereby acknowledged, Denton and Property Owner hereby agree as follows
AGREEM~I~'
All terms whtch are defined tn the Agreement shall have the same meamng when used
hereto, unless specffically provided hereto to the contrary
2
Notwithstanding the terms and condttlons of the Agreement, Denton shall construct or
cause to be constructed, at tts sole cost and expense, subject to the Property Owners
repayment of tts proportionate share of the costs and expenses tn accordance with the
Agreement, a water hne substanttally tn accordance w~th that certatn water hne described
in an ExMblt A whmh shall be prepared by Ktmley-Horn &Assoctates, Inc and attached
to and made a part hereof for all purposes (the "Htghway 377 Water Lme") The
consulting firm of Kmaley-Horn & Associates, Inc shall perform the engineering destgn
servtces for the Highway 377 Water Line The Highway 377 Water Line shall be
completed prior to April 1, 2001 (the "Completton Date"), unless the Completion Date ts
amended in writing by Property Owner or unless the construction of the Htghway 377
Water Line ~s delayed by reason of war, ctvtl commotton, acts of God, government
restrlcttons, regulattons, or interferences, fire, flood or other casualty, or other
ctrcnmstances reasonably beyond the control of Denton, tn whtch case the Completion
Date shall be extended for a period of tune equal to the period of such delay
Dallas4 444134 v 2 40989 00002
3
TMs 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
facsumle signature, such that execution of th~s Amendment by facsimile signature shall be
deemed effective for all purposes as though this Amendment was executed as a "blue ink"
original
4
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 ins the
] ~-'~day of November, 1999
CITY OF DENTON, TEXAS
' I/vh-chae/t/Jez, C~Vlatnager
TTEST
/jOnhi?er~Nalter
Wlty Secretary
APPROVAL AS TO ~FORM
Herbert L Pro~/ty //
City Attorney F
Daltas4 444134 v 2 40989 00002 2
PROPERTY OWNER'
VIOLET PROPERTIES ASSOCIATES, L.P.,
a Delaware hmlted partnership
By
F~rst Regency Enterprises, Inc,
its General Partner
By ~ ~/r ,3f~,~
VC
Dallas4 444134 x 2 40989 00002 3
APPROVAL BY COUNSEL:
Terry Morgan & Associates
Attorneys for the City of Denton
~Hham S/ Dahlstrom
State Bar No 05316300
Jenkens & Gllchrlst, P C
Attorneys for Property Owner
Datlas4 444134 v 2 40989 00002 4
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON
On th~s ~ day of ~bcfore me personally appeared M~chael Jez, City
Manager of the C~ty of Denton, Texas and acknowledged~_,to me that he executed the foregoing
~nstrument m h~s authorized capacity for and on behalf~f t~e City.S/Denton. /
/ /
. .~. _--~-~ :..~_~:~ ..... NOTARY PUBLIC IN .~ND~OR
]/~:~'ox ANN FOR$¥THS
] [.{~'~A NotaryPublic,$tateofrexa$
~ ............ My
STATE OF NEW YORK §
COVNTY OF K §
~ ed
On ,this //~ day of November, 1999, before me personally appear
?~-e(~E/;.4" /-/ ~_'~)~_ ~;.A"iZ-, ~/ ofFlrstRegencyEnte~rlses, Inc ,aDelawar~
hm~ted P~mersfi~p, General Partner of Violet Propertms Associates, L P, a Delaware hm]tea
partnersMp, and ac~owledged to me that he executed the foregoing instrument m Ms authorized
capacity for ~d on behalf of smd hm]ted partnership
No~y ~bhc In and For the ~t~te ~ New York
NO~q Public S~te of N~
N0 0ZVA5082616 Printed or Typed Name of Notary
Commission DO~res Ju~ 28~$ / My Co~zss~on Expires ~ D /
Dallaa4 444134 v 2 40989 00002 5
Highway 377
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17,750 L F ~"/-'
...... I ~ _~ Omve~d Branch
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L~~ntn~r~nly
A~ ~ ~bject to c~letton
of routtng smdtes and ease~nt acqu~ttto~
Utili~ Facilities