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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 ~o" W.~r L,,, /./ 17,750 L F ~"/-' ...... I ~ _~ Omve~d Branch /~' ~ ~ ~ ~ 19,730LF // -~ ~ ' ~ ~[ ~ , L~~ntn~r~nly A~ ~ ~bject to c~letton of routtng smdtes and ease~nt acqu~ttto~ Utili~ Facilities