2015-332ORDINANCE NO 2015 -332
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT
BETWEEN THE CITY OF DENTON AND O'REILLY HOTEL PARTNERS DENTON FOR
THE MANAGEMENT OF THE DENTON CONVENTION CENTER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, O'Reilly Hotel Partners Denton ( "OHPD ") engages in the design;
development, and redevelopment of properties in the hospitality industry; and
WHEREAS, O'Reilly Hotel Partners Denton ( "OHPD ") has an interest in land generally
located in the Rayzor Ranch Town Center development, in the City of Denton, Denton County,
Texas, which includes property located South of US Route 380 ending at Scripture Road, between
IH -35 and North Bonnie Brae Street (the "Property "); and
WHEREAS, OHPD has made a request of the City of Denton to establish economic
development incentives for the Property to stimulate the development of commercial property,
and promote travel, tourism, meetings, conventions and events for economic growth within the
City of Denton; and
WHEREAS, the Property will include an approximately 70,000 square foot convention
center ( "Convention Center ") that is the subject of an Economic Development Agreement with
the City of Denton executed between the Parties on e� , A1,eAl to, 2015a copy of which is
attached as Exhibit "A" to this Ordinance ( "Development Agreement ");
WHEREAS, the City has agreed to partially manage the Convention Center, which shall
also provide OHPD a rebate of the hotel occupancy taxes generated by this Convention Center as
part of said incentives; and
WHEREAS, the City of Denton desires to enter into an agreement with OHPD which
outlines the terms between the City and OHPD regarding the management of the Convention
Center in order to further the public purpose of promoting travel, tourism, meetings, and
conventions for economic growth in the City of Denton, which is in the form of Exhibit `B"
attached hereto and incorporated by reference as if set forth at length herein; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals and findings contained in the preamble of this ordinance are
incorporated into the body of this ordinance.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute an
agreement with OHPD in substantially the form of the Convention Center Management
Agreement attached as Exhibit "B" on behalf of the City of Denton and to carry out the City's
responsibilities and rights under the Agreement, including without limitation the authorization
to make the expenditures to do so.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this _ ) _ day of '' ,, 2015.
� ml
hi
J. w.., *i
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
alm
01.
ANITA BURGESS, CITY ATTORNEY
BY:�.��
CONVENTION CENTER MANAGEMENT AGREEMENT
BETWEEN THE CITY OF DENTON AND O'REILLY HOTEL PARTNERS —
DENTON,LLC
THIS AGREEMENT is made between the City of Denton, Texas, a municipal corporation
formed under the laws of the State of Texas and located at 215 E. McKinney Street, Denton, Texas
76201 (the "City "), and O'Reilly Hotel Partners — Denton, LLC, a Missouri Limited Liability
Company whose principal place of business is located at 2808 S. Ingram Mill Road, Building
C100, Springfield, Missouri, 65804 ( "Owner ") for the limited management of a Convention
Center. (The City and the Owner are collectively referred to as "the Parties ").
WHEREAS, the Owner owns a tract of land generally located in the Rayzor Ranch Town
Center development in the City of Denton, Denton County, Texas, which includes property located
South of US Route 380 ending at Scripture Road, between IH -35 and North Bonnie Brae Street,
and more specifically described ,in Exhibit "A" attached hereto and incorporated by reference
herein (the "Property ");
WHEREAS, the Owner's development of the Property includes an approximately 70,000
square foot convention center ( "Convention Center ") that is the subject of an Economic
Development Agreement with the City of Denton executed between the Parties on
2015 ( "Development Agreement "), which said Development Agreement is attached for reference
hereto;
WHEREAS, the Convention Center development shall serve to promote travel, tourism,
meetings, conventions and events for the economic development and growth of the City of Denton
and the economic benefit of the Parties;
WHEREAS, the Parties desire that the City assist in the management of certain sales
missions and marketing functions for the Convention Center as stated herein in order to further the
public purpose of promoting economic growth and conventions, and to retain adequate public
control over the use of public funds to ensure benefits to the City.
NOW, THEREFORE, for the mutual promises and consideration as described herein, the
Parties agree as follows:
I. TERMS
A. Owner Management of the Convention Center. The Owner has the exclusive
responsibility and discretion in the operation, direction, management and supervision of the
Convention Center, subject only to the limitations expressed herein. In addition to its other duties
as a reasonable convention center owner, the Owner, or a third party designated by the Owner,
shall perform the following:
1
I . Day -to -day management and operations of the Convention Center, including, but not
limited to determining all terms for admittance and charges for rooms, facilities,
commercial space, if any, equipment rental, telecommunications services, audiovisual
equipment, labor and other amenities and services provided at or with respect to the
Convention Center.
2. All repairs, maintenance, upkeep and replacement of furniture, fixtures, and equipment;
and, purchase and upkeep of all other inventories necessary to the operation of the
Convention Center, as well as the Convention Center structure and accessory
structures.
3. Event booking, coordination, and collection of sums due the Owner for rental or use
and admissions.
4. Crowd control, security, box office supervision, admission procedures and servicing of
users at conventions, trade shows, exhibits and entertainment.
5. Perform obligations of any third -party operations agreements such as reciprocal
easements, concessions, parking, and leases.
6. Perform any catering or food- and beverage- related services with respect to the
Convention Center.
7. Determine all labor policies, wages and salaries, fringe benefits, and any other
personnel benefits with respect to the Convention Center in compliance with local,
state, and federal law.
8. Implement all sales, advertising, public relations and promotional policies not covered
by this Agreement.
9. Hire or terminate such persons or organizations as employees or manager of any of the
functions stated herein that are the responsibility of the Owner.
10. Establish and maintain the master set of all booking records and schedules for the
Convention Center (such records and schedules shall be provided to the City and to
such third parties as directed by the City, at any time upon reasonable notice of request,
and shall remain the property of the City).
B. City Management Assistance. The Owner hereby authorizes and engages the City,
or its designee as the law permits, to manage the Convention Center during the term of this
Agreement as limited and described herein. The City hereby accepts such engagement subject to
the terms and conditions expressed in this Agreement. The Owner shall cooperate with the City to
the extent necessary for the City to fulfill its duties under this Agreement. The authority of the City
to manage shall include the City's use of the Convention Center for public purposes. This
Agreement does not change the character of such use and employees of the City using the
2
Convention Center for public purposes shall enjoy invitee status, as any other member of the
public. Without limiting the generality of the foregoing, the City is hereby authorized and shall
be obligated to do as follows in its discretion and as is allowed under the City's budget processes:
1. Advertise and conduct solicitations and promotional programs to attract tourists and
convention delegates or registrants to the Denton Convention Center, including, but not
limited to:
i. Marketing at the state and local level (including market analysis, campaign
development, branding, promotion, etc.);
ii. Collecting and reporting metrics on marketing activity;
iii. Sales missions developed in conjunction with the Owner's hotel sales team
to pre- identify and pre - qualify business - appropriate meetings for the
Property; and
iv. Partnership development to create collaborative opportunities with local
private, public, and non - profit sector entities.
2. Provide meeting, event, and pre- convention services, including, but not limited to:
i. Conducting site visits and familiarization tours for potential clients;
ii. Customized servicing for groups (registration assistance, delegate name
badge preparation, welcome packets, off -site function arrangements, etc.);
and
iii. Serving as liaison between meeting planner client and hotel, local business,
and transportation.
3. Identifying, collecting rate bids from, and securing overflow hotels in Denton for
convention delegates.
The City's duties described above shall specifically not include event coordinator duties for the
Convention Center and those duties shall be the sole responsibility of Owner.
C. No Joint Venture/No Joint Employment. This Agreement does not create a joint
venture as to the Convention Center development or any separate business enterprise owned by
Owner and physically joined to the Convention Center, such as the Hotel and Restaurant; and, the
City, or its designee if permitted by law, shall remain independent of the actual operations of the
Convention Center and shall only serve in a limited management position for the promotion of
tourism and visitors to the City, which duties shall not require oversight or control by the Owner.
The City, or its designee, shall not be considered a joint employer in performance under this
Agreement and shall have no authority whatsoever over employees of Owner, its representatives,
or of any lessee of the Convention Center; and, shall have no control over the terms and conditions
3
of their employment. This Agreement shall not be construed to cause the City, or its designee if
permitted by law, to have obligations regarding federal and state employment laws with respect to
those employees of Owner, regardless if those employees perform similar duties as the City herein.
There shall be no shared employees.
D. Expenses. The City shall not receive a management fee. The City shall only be
responsible for costs associated with the performance of its duties under Section I.B. herein and
shall not be responsible for any other costs incurred by Owner in performing its duties or otherwise
operating the Convention Center. From time to time, if the City agrees to additional duties not
defined herein, those costs shall be assessed against the Owner and not the City, and such duties
shall be included in this Agreement in the form of a written addendum. Any responsibility of the
City for costs associated with the management assistance as described in this Agreement shall be
subject to annual appropriation by the City Council in the annual budget and the City's obligations
under this Agreement shall not constitute a general obligation of the City or indebtedness under
the Constitution or laws of the State of Texas.
E. Booking Policy. The Owner acknowledges that the interest of the City requires a
booking policy that takes into account not only those events which generate substantial direct
revenue for the Convention Center, but also takes into account those events which produce less
direct revenue, but generate significant peripheral economic benefits in the form of City hotel
utilization, increased tourist revenues, and provide a stimulus to the general economy of the City
of Denton. Owner agrees to use its commercially reasonable best efforts to accommodate this
policy in the operation of the Convention Center.
F. Insurance. Owner shall require that proper Certificates of Insurance evidencing
general liability, automobile, bodily injury, property damage, death and workers compensation
coverage shall be furnished, with copies to the City, and require that all policies be kept in force
during the term of the Agreement by all vendors, concessionaires, subcontractors and service
providers in the minimum amounts approved by the City. Such policies shall name the City as an
additional insured. The Owner further agrees to maintain at all times during the term of this
Agreement and the Development Agreement, with responsible insurance companies, insurance as
follows:
1. Such worker's compensation, employer's liability or similar insurance as may be
required by law, or such greater amounts which Owner shall deem advisable but no
less than $1,000,000/$2,000,000;
2. A general liability insurance policy in the amount of at least $1,000,000 per person or
$2,000,000 per occurrence for bodily injury or death;
3. An umbrella coverage insurance policy of at least $10,000,000 per occurrence;
4. Such other insurance against such other operation risks as Owner or City deems
advisable to insure against, including, without limitation, auto liability insurance, liquor
liability insurance and fidelity bonds;
5. Errors & Omissions or Professional Liability Coverage in the amount of at least
$1,000,000.
6. Fire insurance and insurance against such other hazards ordinarily included by an all -
risk form of extended coverage endorsement on the buildings, operating supplies,
4
furniture, furnishings and equipment in an amount equal to at least one hundred percent
(100 %) of actual replacement cost (without deduction for depreciation) thereof, and all
alterations, substitutions and replacements therefore, and bearing a standard
noncontributory mortgagee loss payable endorsement in favor of the holders of any
Mortgage on the Convention Center and providing, if reasonably available, for waiver
of subrogation against such holder and the debt and security of such Mortgage in the
event that the Convention Center is restored. This insurance shall include business
interruption insurance.
The Owner shall add the City as an additional insured on policies required by this Agreement.
Moreover, the Owner shall assume all risks in connection with the adequacy of any insurance or
self - insurance program and waives any claim against the City for any liability, costs or expenses
arising out of any uninsured claim, in part or in full, of any nature whatsoever. Within a reasonable
period of time after the effective date of this Agreement, Owner shall provide the City with a
Certificate of Insurance showing compliance with this section. Any changes to coverage shall
cause Owner to immediately notify the City in writing of such change.
G. Compliance. Owner shall make all reasonable efforts to comply with all laws,
rules, regulations, requirements, orders, notices, determinations, and ordinances of the City of
Denton, including without limitation, the state and local liquor authorities, and the requirements
of any insurance companies covering any of the risks against which the Convention Center is
insured. Owner shall indemnify and hold harmless the City from any loss, cost, damage, or
expense associated with compliance hereunder.
H. Management Term. The term of this Agreement shall commence on the date the
Agreement is approved by the City Council and shall continue for as long as the term of the
Development Agreement, or as otherwise terminated thereby or hereunder.
I. Termination. The Agreement may be terminated prior to the expiration of the
Agreement upon the occurrence of one or more of the following events:
1. Upon any default of the Development Agreement between the City and the
Owner dated following the expiration of applicable cure
periods;
2. Upon at least thirty (30) days prior written notice to the other party, if (i) the
Convention Center is damaged or destroyed by fire or another casualty; (ii) all
or a substantial part of the Convention Center is taken in a condemnation or
eminent domain proceeding, or (iii) the Owner advises the City in writing prior
to the Effective Date that the Owner has abandoned the development of the
Convention Center;
3. Upon at least thirty (30) days prior written notice if Owner shall apply for or
consent to the appointment of a receiver, trustee or liquidator of it or all or a
substantial part of its assets; file a voluntary petition for bankruptcy; or, become
otherwise insolvent;
4. If Owner permanently ceases operation of the Convention Center;
5. If Owner fails to provide or maintain insurance as required under this
Agreement; or
6. If the Development Agreement results in a cessation of the incentive involving
Hotel Occupancy Tax, then this Agreement terminates until such time as such
incentive is resumed
II. MISCELLANEOUS
A. Assignability. If the Owner sells the Property, it shall provide the City at least
sixty (60) days written notice of such sale identifying the buyer and whether the buyer intends to
assume Owner's obligations under this Agreement and the Development Agreement. The City
may assign its duties and /or designate a third party non - profit entity to perform the obligations
hereunder in its own discretion and without approval of Owner; however, the City shall provide
notice of such assignment within fifteen (15) days of the assignment. Failure to provide such notice
does not constitute a waiver under this Agreement.
B. Subcontract for Performance of Services. Nothing in this agreement shall
prohibit, nor be construed to prohibit, the agreement by the City with another entity, person, or
organization for the performance of those services described herein. In the event that the City
enters into any arrangement, contractual or otherwise, with such other entity, person, or
organization, the City shall cause other such entity, person, or organization to adhere to, conform
to, and be subject to all provisions, terms, and conditions of this Agreement.
C. Indemnification. OWNER AGREES TO INDEMNIFY, HOLD HARMLESS,
AND DEFEND THE CITY, ITS OFFICERS, OFFICIALS, AGENTS, EMPLOYEES, AND
REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS
(ADMINISTRATIVE OR JUDICIAL) OR SUITS FOR INJURIES, DEATH, DAMAGES,
LOSSES AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE
ATTORNEYS' FEES FOR PRE- TRIAL, TRIAL AND APPELLATE PROCEEDINGS,
ACCOUNTING FEES, APPRAISAL FEES AND CONSULTING AND EXPERT
WITNESS FEES), ARISING OUT OF (1) ANY NEGLIGENT ACT OR OMISSION, ANY
GROSS NEGLIGENCE OR ANY RECKLESS OR WILLFUL MISCONDUCT BY
OWNER, ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES; (2) OWNER'S
NON - PERFORMANCE OF ITS OBLIGATIONS HEREUNDER (WHETHER
NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, OR WILLFUL); OR (3) ANY
ACTION TAKEN BY OR ON BEHALF OF OWNER RELATING TO THIS
AGREEMENT WHICH IS NOT PERMITTED BY, OR PURSUANT TO THE
PROVISIONS OF THIS AGREEMENT OR REASONABLY NECESSARY TO
CARRYING OUT LENDER AND /OR OWNER'S DUTIES. ANY INDEMNIFICATION
SHALL APPLY REGARDLESS OF WHETHER OR NOT SAID CLAIM, DAMAGE,
LOSS, OR EXPENSE IS COVERED BY INSURANCE AS HEREIN PROVIDED. IN THE
G
EVENT THAT A CLAIM IS ASSERTED AGAINST EITHER PARTY OR BOTH,
OWNER SHALL PROVIDE CITY WITH A COPY OF SUCH CLAIM WITHIN A
REASONABLE TIME FROM RECEIPT.
OWNER FURTHER AGREES TO INDEMNIFY, HOLD HARMLESS, AND
DEFEND THE CITY, ITS OFFICERS, OFFICIALS, AGENTS, EMPLOYEES, AND
REPRESENTATIVES AGAINST ALL SUCH CLAIMS OR CAUSES OF ACTION
RELATING TO COURSE OF EMPLOYMENT, WORKING CONDITIONS, WAGES
AND /OR COMPENSATION OF OWNER EMPLOYEES OR FORMER OWNER
EMPLOYEES AT THE CONVENTION CENTER AND RELATED HOTEL AND /OR
RESTAURANT, INCLUDING VIOLATIONS OF ANY STATE, LOCAL, OR FEDERAL
EMPLOYMENT LAW WHETHER COMMON LAW OR STATUTORY, AND AGAINST
CLAIMS OF ANY PAST OR FUTURE LIFE /SAFETY CODE VIOLATIONS.
D. Notice. Any notice required to be given under this Agreement or any statute,
ordinance, or regulation, shall be effective when given in writing and deposited in the United States
mail, certified mail, return receipt requested, or by hand - delivery, addressed to the respective
parties as follows:
CITY O'REILLY HOTEL PARTNERS — DENTON, LLC
City Manager Tim O'Reilly
City of Denton O'Reilly Hospitality Management, LLC
215 E. McKinney 2808 S. Ingram Mill Road, Building C 100
Denton, TX 76201 Springfield, MO 65804
E. Inurement. This Agreement and each provision hereof, and each and every right,
duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and
obligation of the City and OWNER and their respective successors and assigns.
F. Application of Laws. All terms, conditions, and provisions of this Agreement are
subject to the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial
determinations relative thereto. This Agreement shall be governed by the laws of the State of
Texas and venue shall lie in Denton County, Texas.
G. Exclusive Agreement. This Agreement contains the entire understanding and
constitutes the entire agreement between the parties hereto concerning the subject matter contained
herein. There are no representations, agreements, arrangements, or understandings, oral or written,
express or implied, between or among the parties hereto, relating to the subject matter of this
Agreement, which are not fully expressed herein. The terms and conditions of the Agreement shall
prevail notwithstanding any variance in this Agreement from the terms and conditions of any other
document relating this transaction or these transactions. This Agreement may not be modified,
amended, surrendered or changed, except by a written instrument executed by both parties.
7
H. Severability. If any section, subsection, paragraph, sentence, clause, phrase, or
word in this Agreement, or application thereof to any person or circumstance is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Agreement, and the parties hereby declare they would have enacted such remaining
portions despite any such invalidity.
I. No Representation. In entering into this Agreement, the parties acknowledge that
the City has made no representation to the Owner regarding Owner's potential earnings, the
possibility of future success or any other similar matter respecting the Convention Center and the
City's assistance hereunder, and that the City expressly makes no guarantee as to the success of its
assistance as provided hereby.
This Agreement is effective as of the 16) day of������� , 2015.
APPROVED AS TO FORM:
ANITA BURGESS, CITY ATTORNEY
8
CITY OF DENTON, I" A"A'S
BY: ...............
1�� . .
�+�)k� e MPIIELL
CITY MANAGER
O'REILLY HOTEL PARTNERS — DENTON, LLC
a Missouri Limited Liability Company
By:
Its:
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF DENTON
The foregoing Management Agreement was executed before me on the day of
..... , 2015 by George C. Campbell, City Manager of the City of Denton, Texas,
a Texas municipal corporation, on behalf of said Mt •cil)al Corporation.
J p �
w
RENNIFER X. %ALTERS
a 9 +p PubAC, dmw, <A Te
111 C
�r;fl ' on " °�e" rotary . bIic in and for the
_... ...,... State of Texas
STATE OF "f.F s' i r}
COUNTY OF 1 "1 OBI
rrey
The foregoing Management Agreement was executed before me on the ay of
0... -I , 2015 by .j" �" rrir�" ..mm, of O'Reilly Hotel Partners — Denton,
LLC., on behalf of said corporation.
Notary Public in and for the
State of "F` ,. ; M'ISSOWi
G
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
METES AND BOUNDS DESCRIPTION
Convention Center Tract
BEING a 11.951 acre tract situated in the B. B. B & C. R. R. Survey, Abstract Number 192, Denton
County, Texas, being a portion of the tract of land described as Tract One in the deed to Allegiance
Hillview, L.P. recorded in Document Number 2006 - 41743, Deed Records of Denton County, Texas and a
portion of the tract of land described in the deed to DB Denton ll, LLC recorded in Document Number
2010 - 74478, Deed Records of Denton County, Texas said 11.951 acre tract of land being more particularly
described as follows:
COMMENCING at a point in the easterly right —of —way line of Interstate Highway 35 (a variable width
right —of —way) for the southwesterly corner of the tract of land described in the deed to DB Denton ll, LLC
recorded in Document Number 2010 - 74478, Deed Records of Denton County, Texas;
THENCE with the southerly line of said DB Denton II, LLC tract the following:
North 73° 36' 21" East a distance of 121.73 feet to a point;
South 17° 16' 37" East a distance of 15.00 feet to a point;
North 73° 36' 21 " East a distance of 99.88 feet to the point of curvature of a curve to the right
having a radius of 485.00 feet;
Northeasterly along said curve through a central angle of 12° 18' 37" an arc distance of 104.21 feet
with a chord bearing of North 79' 45' 39" East and a chord distance of 104.00 feet to the POINT OF
BEGINNING;
THENCE departing the southerly line of said DB Denton II, LLC tract North 16° 23' 26" West a distance of
217.87 feet to a point;
THENCE North 73° 13' 43" East a distance of 364.79 feet to a point;
THENCE North 00° 56' 56" East a distance of 69.07 feet to a point;
THENCE South 89' 03' 00" East a distance of 384.45 feet to the beginning of a non — tangent curve to
the right having a radius of 38.25 feet;
THENCE Southeasterly along said curve through a central angle of 90' 00' 04" an arc distance of 60.08
feet with a chord bearing of South 44° 03' 05" East and a chord distance of 54.09 feet to the end of
said curve;
THENCE South 00' 56' 58" West at a distance of 362.89 feet passing the southerly line of said DB Denton
II, LLC tract in all a total distance of 688.23 feet to a point;
THENCE South 73° 33' 31" West a distance of 572.34 feet to a point;
THENCE North 16° 23' 26" West a distance of 533.72 feet to the POINT OF BEGINNING;
CONTAINING a computed area of 11.951 acres (520,592 square feet) of land.
EXHIBIT 'A'
B000056.004
A drawing of even date accompanies
this metes and bounds description.
OCTOBER 28, 2015
Aw,qr- DUNAWAY
550 Badley Avenue • Sulte 400 • Fort Warih Texas 76107
Tel: 817335.1121 • Fax: 81 73M.7437
FIRM REGISTRATION 10098100
PAGE 1 OF 7
CONVENTION CENTER TRACT
B.B.B. & C.R.R. SURVEY
ABSTRACT NO. 192
CITY OF DENTON
DENTON COUNTY, TEXAS
i 7k 1'r i�!Gal b ly ..411 L,i µ., 6'W
6 1,1 #..1.."�y��^'y
4 •.' � A,' 4'�7'QV ''M.P' t C.7" OYi7A
Curve Table
Curve
Central
Arc
W
Chord Bearing
Number
Angle
Radius Length
and Distance 1
C1
12'18'37"
...................
485.00' 104.21' N79'45'39 "E 104,00'
'A'
384.45
B000056.004
i
t
�
r
yy N
�
'
7 0r fi Ar
�J��V �R =38.251 � r
i 7k 1'r i�!Gal b ly ..411 L,i µ., 6'W
6 1,1 #..1.."�y��^'y
4 •.' � A,' 4'�7'QV ''M.P' t C.7" OYi7A
' 9 ✓ , u 7
RAYZOR ,.Ra
TO.W Nfd
ALLEGIANCE HILLVIEW, L.P.
TRACT ONE
d(
DOCNY DENT DUMBER
1;1
BLOCK 1
859•'3'0077; l 4
201 x '150
'A'
384.45
B000056.004
i
III i�I i�
I+r 0
6�+a''"9,dMIjI I'I
9.07'"
`
Y4
DB DENTON H, LLC.
J DOCUMENT iNUMBER
cra
i q
i 5 s r l ,,,'
�q+ry',
✓
{ , . %
5
BRA�20R, AiNCH
NT3'�6!21" '�
121. 31 ,T.
� � „T 'F TOWN` CCEN`IL t R j
DOC4, MENT NUMB
LOT 9, BLOCK A
RAYZOR RANCH
TOWN CENTER
DOCUMENT NUMBER
2015 -180
A metes and bounds description of even
date accompanies this drawing.
OCTOBER 28, 2015
�w I DUNAWAY
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1 21 • Fax: 817.335.7437
FIRM REGISTRATION 10098100
sj�v��
CONVENTION CENTER TRACT
B.B.B. & C.R.R. SURVEY
ABSTRACT NO. 192
CITY OF DENTON
DENTON COUNTY, TEXAS
ALLEGIANCE HILLVIEW, L.P.
TRACT ONE
DOCUMENT NUMBER
2006 -41743
BLOCK 1
RAYZOR RANCH SOUTH
CABINEY Y, SLIDE 470
'A'
EXHIBIT
B000056.004
A metes and bounds description of even
date accompanies this drawing.
OCTOBER 28, 2015
�w I DUNAWAY
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1 21 • Fax: 817.335.7437
FIRM REGISTRATION 10098100
sj�v��
CONVENTION CENTER TRACT
B.B.B. & C.R.R. SURVEY
ABSTRACT NO. 192
CITY OF DENTON
DENTON COUNTY, TEXAS
r
rnx
a
C)
METES AND BOUNDS DESCRIPTION
Convention Center — DB Denton II, LLC Tract
BEING a 6.159 acre tract situated in the B. B. B & C. R. R. Survey, Abstract Number 192, Denton County,
Texas, being a portion of the tract of land described in the deed to DB Denton II, LLC recorded in
Document Number 2010 - 74478, Deed Records of Denton County, Texas, also being situated in Lot 10,
Block A, Rayzor Ranch Town Center, an addition to the City of Denton according to the plat recorded in
Document Number 2015 -180, Plat Records of Denton County, Texas, said 6.159 acre tract of land being
more particularly described as follows:
COMMENCING at a point in the easterly right —of —way line of Interstate Highway 35 (a variable width
right —of —way) for the southwesterly corner of said DB Denton Il, LLC tract;
THENCE with the southerly line of said DB Denton II, LLC tract the following:
North 73° 36' 21 " East a distance of 121.73 feet to a point;
South 17° 16' 37" East a distance of 15.00 feet to a point;
North 73° 36' 21 " East a distance of 99.88 feet to the point of curvature of a curve to the right
having a radius of 485.00 feet;
Northeasterly along said curve through a central angle of 12° 18' 37" an arc distance of 104.21 feet
with a chord bearing of North 79' 45' 39" East and a chord distance of 104.00 feet to the POINT OF
BEGINNING;
THENCE departing the southerly line of said DB Denton II, LLC tract North 16° 23' 26" West a distance of
217.87 feet to a point;
THENCE North 73' 13' 43" East a distance of 364.79 feet to a point;
THENCE North 00° 56' 56" East a distance of 69.07 feet to a point;
THENCE South 89° 03' 00" East a distance of 384.45 feet to the beginning of a non — tangent curve to
the right having a radius of 38.25 feet;
THENCE Southeasterly along said curve through a central angle of 90° 00' 04" an arc distance of 60.08
feet with a chord bearing of South 44' 03' 05" East and a chord distance of 54.09 feet to the end of
said curve;
THENCE South 00° 56' 58" West a distance of 362.89 feet to a point in the southerly line of said DB
Denton II LLC tract;
THENCE with the southerly line of said DB Denton II LLC tract the following:
South 77° 47' 38" West a distance of 36.00 feet to the point of curvature of a curve to the right
having a radius of 1,015.00 feet;
continued next page...
B000056.004
A drawing of even date accompanies
this metes and bounds description.
OCTOBER 28, 2015
ouwaway
550 Salley Avenue • Sulte 400 • Fort Worth, Texas 76107
Tel: 817.335.1121 • Fox 817.335-7437
FIRM REGISTRATION 10098100
EXHIBIT 'A'
PAGE 3 OF 7
CONVENTION CENTER -
DB DENTON II, LLC TRACT
B.B.B. & C.R.R. SURVEY
ABSTRACT NO. 192
CITY OF DENTON
DENTON COUNTY, TEXAS
Northwesterly along said curve through a central angle of 24' 32' 43" an arc distance of 434.82 feet
with a chord bearing of North 89' 56' 00" West and a chord distance of 431.51 feet to the point of
tangency of said curve;
North 77' 39' 38" West a distance of 102.42 feet to the point of curvature of a curve to the left
having a radius of 485.00 feet;
Northwesterly along said curve through a central angle of 16' 25' 24" on arc distance of 139.02 feet
with a chord bearing of North 85' 52' 20" West and a chord distance of 138.55 feet to the POINT OF
BEGINNING;
CONTAINING a computed area of 6.159 acres (268,287 square feet) of land.
EXHIBIT 'A'
8000056.004
A drawing of even date accompanies
this metes and bounds description.
OCTOBER 28, 2015
A%',- DUNAWAY
550 Salley Avenue • Sidle 400 • Fort Wash, Texas 76107
Tel: 817.335.1121 • F= 817.335.7437
FIRM REGISTRATION 10098100
PAGE 4OF7
CONVENTION CENTER -
DB DENTON II, LLC TRACT
B.B.B. & C.R.R. SURVEY
ABSTRACT NO. 192
CITY OF DENTON
DENTON COUNTY, TEXAS
Curve Table
Curve Central Arc Chord Bearing
Number Angle Radius Length and Distance '
C1 12'18'37" 485.00' 104.21' N79'45'39 "E 104.00'
10 D�,,UK . A
bYZOR � RANO
OWN CENTERS„
J ,ENT NUML +ER
015 -180 i
= 38.25' = 60.08"
1144'03'05"t 54.0'9"
d
„ X19 " iPf1 DE�JTQN�P, L1,C
1 �r A P%fI T 44 IIWAP r P . F
N73'"36 ",21 "E
B000056.004
S17- 18 "37" E
C�1.5.00'
1 8 "21"
88'
60INT OF
COMMEND ",
A metes and bounds description of even
date accompanies this drawing.
OCTOBER 28, 2015
18 "232 "W
2010 - 74478
RAYZ R P "A 1191,."
roWN CEN'rE
OGQMF;" 1 -NOOEi
8 15j, 9' I E
lEr28 S 11AE1'
r� w
07 "39'38"°.W 102.42"
R485.k0" L =130.02'
CV, u�•',
LOT 9, BLOCK A
RAYZOR RANCH
TOWN CENTER
DOCUMENT NUMBER
2015 -180
S77- 47'38 "W
-ia nn'
DUNAWAY
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1 21 • Fax: 817.335.7437
FIRM REGISTRATION 10098100
CONVENTION CENTER -
DB DENTON II, LLC TRACT
B.B.B. & C.R.R. SURVEY
ABSTRACT NO. 192
CITY OF DENTON
DENTON COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION
Convention Center — Allegiance Hillview Tract
BEING a 5.792 acre tract situated in the B. B. B & C. R. R. Survey, Abstract Number 192, Denton County,
Texas, being a portion of the tract of land described as Tract One in the deed to Allegiance Hillview, L.P.
recorded in Document Number 2006-41743, Deed Records of Denton County, Texas, said 5.792 acre tract
of land being more particularly described as follows:
COMMENCING at a point in the easterly right —of —way line of Interstate Highway 35 (a variable width
right —of —way) for the southwesterly corner of the tract of land described in the deed to DB Denton II, LLC
recorded in Document Number 2010 - 74478, Deed Records of Denton County, Texas;
THENCE with the southerly line of said DB Denton ll, LLC tract the following:
North 73' 36' 21 " East a distance of 121.73 feet to a point;
South 17' 16' 37" East a distance of 15.00 feet to a point;
North 73' 36' 21 " East a distance of 99.88 feet to the point of curvature of a curve to the right
having a radius of 485.00 feet;
Northeasterly along said curve through a central angle of 12' 18' 37" an arc distance of 104.21 feet
with a chord bearing of North 79' 45' 39" East and a chord distance of 104.00 feet to the POINT OF
BEGINNING;
Southeasterly continuing along said curve through a central angle of 16' 25' 24" an arc distance of
139.02 feet with a chord bearing of South 85' 52' 20" East and a chord distance of 138.55 feet to
the point of tangency of said curve;
South 77' 39' 38" East a distance of 102.42 feet to the point of curvature of a curve to the left
having a radius of 1,015.00 feet;
Southeasterly along said curve through a central angle of 24' 32' 43" an arc distance of 434.82 feet
with a chord bearing of South 89' 56' 00" East and a chord distance of 431.51 feet to the point of
tangency of said curve;
North 77' 47' 38" East a distance of 36.00 feet to a point;
THENCE departing the southerly line of said DB Denton II, LLC tract South 00' 56' 58" West a distance of
325.33 feet to a point;
THENCE South 73' 33' 31" West a distance of 572.34 feet to a point;
THENCE North 16' 23' 26" West a distance of 533.72 feet to the POINT OF BEGINNING;
CONTAINING a computed area of 5.792 acres (252,305 square feet) of land.
EXHIBIT 'A'
B000056.004
A drawing of even date accompanies
this metes and bounds description.
OCTOBER 28, 2015
DUNAWAY
550 Salley Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121 • F= 817.335.7437
FIRM REGISTRATION 10098100
PAGE 6 OF 7
CONVENTION CENTER -
ALLEGIANCE HILLVIEW TRACT
B.B.B. & C.R.R. SURVEY
ABSTRACT NO. 192
CITY OF DENTON
DENTON COUNTY, TEXAS
Curve Table
Curve Central Radius Arc Chord Bearing
aus t
Number Angle Length and Distance
C1 12.18'37' 485.00' 104.21' N79'45'39'E 104.00'
LOT 9, BLOCK A
RAYZOR RANCH
TOWN CENTER
DOCUMENT NUMBER
2015 -180
EXHIBIT 'A'
B000056.004
A metes and bounds description of even
date accompanies this drawing.
OCTOBER 28, 2015
DUNAWAY
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121 • Fax: 817,335.7437
FIRM REGISTRATION 10098100
�C
�Oi��ataT•�
PAGE 7OF7
CONVENTION CENTER -
ALLEGIANCE HILLVIEW TRACT
B.B.B. & C.R.R. SURVEY
ABSTRACT NO. 192
CITY OF DENTON
DENTON COUNTY, TEXAS
:A
ALLEGIANCE HILLVIEW, L.P
TRACT ONE
DOCUMENT NUMBER
2006 -41743
BLOCK 1
1
RAYZOR RANCH SOUTH
CABINEY Y, SLIDE 470
,
EXHIBIT 'A'
B000056.004
A metes and bounds description of even
date accompanies this drawing.
OCTOBER 28, 2015
DUNAWAY
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121 • Fax: 817,335.7437
FIRM REGISTRATION 10098100
�C
�Oi��ataT•�
PAGE 7OF7
CONVENTION CENTER -
ALLEGIANCE HILLVIEW TRACT
B.B.B. & C.R.R. SURVEY
ABSTRACT NO. 192
CITY OF DENTON
DENTON COUNTY, TEXAS