2011-139s:\legallour documentslordinances1111parks development agreement unicom 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 EFFECTNE 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.
i i_
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETAR'x
BY: > � � ��
L
APP OVED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �
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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.
Introductorv 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 E�iibit "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 E�ibit "B" which Exhibit is incorporated herein by reference; and
Developer intends to dedicate the Parlc 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 Im�rovements. 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 E�ibit "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
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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 deternune 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 La.ke Esta.tes,
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 sha11 be refunded to
Developer.
4. Credit To Developer. Witlun 30 days after completion and acceptance of the Park
Improvements the City will issue a letter to ULE, LLC and/or its assigns surrunari2ing
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 pernut, cert�cate 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 Improvernents. The City in its sole discretion may pernut 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 conta.ins the full and complete Agreement of the parties hereto, and
a11 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.
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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 parly shall not be employed in the interpretation of this Agreement, n�or any
amendments or exhibits thereto.
4. In case any one or mvre of the provisions contained in this Agreement sha11 for any
reason be held to be i.nvalid, il.legal, 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, ar 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 pariy's address. For notice purposes, each party agees 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
F� No. 940.349.8596
To Developer:
Terry Mitchell, Principal
ULE, LLC
300 E. John Carpenter Fwy
Suite 940
Irving, Texas 75062
6. This Agreement sha11 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 campetent jurisdiction in
Denton County, Texas.
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7. This Agreement may be executed in multiple counterparts, by one or more
signatories, sepaxately and each of such counterparts sha11 be deemed an original for
all purposes, and a11 such signed counterparts sha11 constitute but one and the same
instrument. For purposes of the parties' execution oi this Agreement, it is expressly
agreed that a facsimile or telecopy of a parly's signature hereto shall be valid, binding
and enforceable as th `o� ,ginal. ����� n',�
V° � l�,
Signed to be effective the �day of �, , 2011 (the "Effechve Date"}.
DEVELOPER:
ULE, LLC
. � �
�u n
Terry itchell, P.E.,
ULE, C - Principal
CITY OF DENTON, TEXAS:
By: i ✓
George C. Campbell
City Manager
215 E. McKinney
Denton, Texas 76201
ATTEST:
JENTTIFER WALTERS, CITY SECRETARY
By: iL�-�
APP VED A TO LEGAL FORM:
AlVITA BURGESS, CITY ATTORNEY
By: '
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ACKNOWLEDGMENTS
�� I 1�: r Y x� 7� 1 I�. r: ��
COUNTY OF DENTON
1
The faregoing Development Agreement was executed before me on the ��day of
, 2p11 by George C. Campbell, City Manager of the Ciiy of Denton,
Texas, a Texas municipal corporation, on behalf of said municipal corporation.
� 1""�""' JENNIFER K. WAITERS �•
��� P6p�i •
c�=°� �= Notary Public, State of Texas
:N�',= My Commission Expires Ot&TjT PU ic in and for the
�"',?�Fa;z�::' December 19, 2014 st�te of Z'eXaS
•�„��������
STATE OF TEXAS
D�4��7'�/�7�7S
COUNTY OF �T��
The foregoing Development Agreement was executed before me on the � g� day of
�y�t��" , 2011 by Terry Mitchell, Principal, ULE, LLC a i�x�, �LG
�, and the � •_ er of IJLE, LLC, a Texas limited ��, on behalf of said
limited ��. {"-� �.G z f:�.. l��.4� � I, -f,� z�,� ��,
�
b,�; I ,�-,� ���..,.�...%
anQ� L�
'������"' KARLA W JONES
I `Jo1�'AY P�B;�
_; '°a Notary Public, State of Texas
_ � � = My Commission Expires
=`%'r•...E��,�� June 1 1, 2014
��;°�� „�,
Name: �,r !U lnl _ or�S
Notary Public in and for the
Sta.te of Texas
Page 5 of 5
EXHIBIT A
PARK IMPROVEMENT PLAN
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EXHIBIT B
PHASE 2 FINAL PLAT
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 1061ots= $30,846) no further
effort was required to establish these amounts.