22-789ORDINANCE NO.22-789
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENTAGREEMENT BETWEEN THE CITY OF DENTON AND 4000 GANZER r}WESTMENTS, LLCFOR THE COST PARTICIPATION OF $8,000,000 1N THE DEVELOPMENT ANDCONSTRUCTION BY THE CITY OF THE EXTENSION OF WASTEWATER SERVICESRELATED INFRASTRUCTURE IMPROVEMENTS TO THE MILAM AND CLEAR CREEKBASIN, AND PROVIDING AN EFFECTVIE DATE.
WHEREAS, 4000 Ganzer Investments, LLC (the “Developer”) is the owner of certain real
property located in the City’s Division 1 extraterritorial jurisdiction, 8101 North Interstate 35 E
Denton, Texas of the J. Ayers Subdivision and adjacent to Ganzer Road;
WHEREAS, the improvement of wastewater services is necessary for the development ofthe
Property;
WHEREAS, the City and the Developer have agreed to cost participate in the development
and construction by the City of the extension of wastewater services related infrastructure
improvements to the Milam and Clear Creek Basin north ofBarthold Road;
WHEREAS, the City Staff has reviewed the request and supports the proposed Development
Agreement;
WHEREAS, the City Council of the City of Denton herby finds that the Agreement between
the City of Denton and the Developer for the cost participation in the extension of wastewater
infrastructure related to Milam and Clear Creek Basin serves a municipal and public purpose and is
in the public interest; and
WHEREAS, the City of Denton and the Developer have negotiated the agreement for the
mutual benefit of the parties and the general public; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The City Council finds that the recitals made in the preamble of this Ordinance
are true and correct and incorporates such recitals into the body of this ordinance as if copied in their
entIrety
SECTION 2. The City Manager or their designee is hereby authorized to execute an
agreement attached hereto and carry out the duties and responsibilities of the City under the
agreement.
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SECTION 3. This ordinance shall become effective immediately upon its passage andapproval.
second=hbey WHIrLiIiEnt::
following vote []_ - &
Aye
/t/r
V,
JdJrZ
Nay Abstain Absent
Mayor Gerard Hudspeth:Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the A day of 2022
an mmraA–faR
ATTEST:
ROSA RIOS, CITY SECRETARY
L\\\It 111111/-a
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
Hilary Negron2022.04.1 1
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STATE OF TEXAS §
§
§COUNTY OF DENTON
DEVELOPMENT AGREEMENT
This Development Agreement (this “Agreement”), made and entered into
by and between the City of Denton, Texas, a home-rule city and a political
subdivision of the State of Texas, acting by and through its duly authorized officers
(the "City"), and 4000 Ganzer Investments, LLC, a Nevada limited liability company,
acting by and through its duly authorized officer or representative, with a principal
place of business located at 9120 Double Diamond Parkway, Box Z148, Reno, Nevada
89521 (the "Developer"). City and Developer are individually a “Party“ and
collectively the “Parties”.
WITNESSETH:
WHEREAS, Developer is the owner of certain real property located in the
City’s Division I extraterritorial jurisdiction, 8101 North Interstate 35 E Denton, Texasof the J. Ayers Subdivision and adjacent to Ganzer Road, being described on Exhibit
“A“ attached hereto and made a part hereof for all purposes (the “Property“);
WHEREAS, the improvement of wastewater services is necessary for the
development of the Property;
WHEREAS, the City and the Developer have agreed to cost participate in the
development and construction by the City of the extension of wastewater services related
infrastructure improvements to the Milam and Clear Creek Basin north of Barthold Road
as reflected on Exhibit “B” attached hereto and made a part hereof for all purposes (the
“Project”)9
WHEREAS, the Developer intends to develop the Property generally in
accordance with the plan as reflected on Exhibit “C” attached hereto and made a parthereof for all purposes (the “Development”);
WHEREAS, Developer proposes providing partial funding for the design and
construction of the Project as well as dedication of easements on the Property for the
Project;
WHEREAS, City’s development code provides that building permits may not be
issued or approved as completed until all requirements of the development code havebeen satisfied:
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WHEREAS, it is desirous of all Parties to stipulate and agree to the terms and
conditions associated with the cost participation by Developer in the Project;
WHEREAS, the Parties desire to formulate this Agreement as a recorded
covenant running with the land, to ensure that Developer carry out Developer's
obligations in accordance with this Agreement; and
WHEREAS, the Parties agree that the Developer’s dedications and contributions
for the Project are roughly proportional to the benefits received and burdens imposed by
the Development;
NOW THEREFORE, in consideration of the mutual covenants and obligations
herein, the Parties agree as follows:
SECTION 1. DEVELOPER PARTICIPATION
Developer and its successors and assigns, if any, agree to the terms and conditions stated
herein, and in accordance with the following schedule:
Developer will contribute 88,000,000.00 (the “Developer Contribution”) to the City for
the Project design and construction costs within 10 business days of the Effective Date
hereinafter defined. Funds shall be deposited in a city account and utilized solely for
design and construction of the Project. Upon receipt of the Developer Contribution, City
will initiate Project design and construction of the Project.
If requested by the City, Developer shall dedicate to the City a 30’ variable width water
and wastewater easement for the Project on the Property. If not previously dedicated to
the City by plat, the Developer shall dedicate the easement to the City by deed no later
than 90 days after the City requests such dedication.
SECTION 2. CITY PARTICIPATION
Upon receipt of the Developer Contribution, City agrees to design and construct the
Project, as reflected on the attached Exhibit “ B” to include gravity sewer, sanitary
sewer infrastructure, and wastewater force main. The City will use commercially
reasonable efforts to complete the Project within 21 months of the Effective Datehereinafter defined. City will keep Developer updated on Project process at
professionally relevant intervals. Developer acknowledges that timely completion of the
Project depends on numerous factors, many of which are not in City’s control. Therefore,
Developer acknowledges that failure to meet the above deadline shall not constitute a
default under this Agreement.
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SECTION 3. DEVELOPMENT REGULATORY APPROVALS AND PERMITS
All City regulatory approvals for development within the City’s extra-territorial
jurisdiction (ETJ), including platting, and City-required permits will be issued in
conformance with the City’s Code of Ordinances, Denton Development Code, and
established City procedures and policies.
City’s final plat review process ordinarily requires civil engineering plans (CEP) review
prior to granting final plat approval. Due to development in the ETJ, City acknowledges
that Developer will not be able to complete CEP review until the Project is designed.
City agrees to permit Developer to go out of sequence and complete CEP review after
Developer’s final plat is approved. Developer acknowledges and agrees that it will return
to the City for CEP review as soon as practicable once the Project design is finalized.
Developer acknowledges that water/wastewater permits will not be issued until City’s
CEP review is complete. Developer acknowledges that upon completion of the CEP, a
replat may be necessary if there are changes to the approved plat due to the
development’s final design for connection to the Project.
The construction of the Project is required to be completed prior to the occupancy of a
structure on the Property.
SECTION 4. TERM
The term of this Agreement shall begin on the Effective Date hereinafter defined, and
end upon the complete performance of all obligations and conditions precedent by the
Parties to this Agreement. Upon execution, this Agreement shall be recorded in the
Denton County Real Property Records as covenants running with the land, burdening
subsequent purchasers of the Property or any part thereof, if any, until all obligations of
the Developer are satisfied in fall.
SECTION 5. INDEMNITY, RELEASE, WAIVER
THE DEVELOPER, ITS RELATED ENTITIES, SUCCESSORS, ASSIGNS OR OTHER
PARTY UNDER ITS CONTROL (COLLECTIVELY, THE “DEVELOPER
PARTIES”), SHALL INDEMNIFY AND HOLD HARMLESS TUE CITY, MEMBERSOF THE CITY COUNCIL) AND ITS OFFICERS9 EMPLOYEES9 AGENTS9
REPRESENTATIVES9 AND CONSULTANTS (EACH PERSON DESCRIBED HEREINCALLED AN “INDEMNrFIED PARTY”
AND COLLECTIVELY, THE “INDEMNIFIED PARTIES“) AGAINST ANy AND ALL
INDEMNIFIED LLABrLrTIES AS DEFINED HEREIN. IF AN INDEMNIFIED PARTy
INCURS AVy INDEMNIFIED LIABILITIES, THE DEVELOPER SHALL FULLYREIMBURSE SUCH INDEMNIFIED PARTY FOR ALL SUCH INDEMNIFIED
LIABILITIES INCURRED. TO THE EXTENT APPLICABLE, THE DEVELOPER
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SHALL BE SUBROGATED TO ANy CLAIMS OR RIGHTS OF THE INDEMNIFIED
PARTIES AGAINST ANy OTHER PERSON (BUT NOT AN INDEMNIFIED PARTY)WITH RESPECT TO INDEMNIFIED LIABILITIES PAID BY THE DEVELOPER.
FOR PURPOSES OF THIS SECTION 5, “INDEMNIFIED LIABILITIES” IS
DEFINED TO INCLUDE ALL LOSSES INCURRED BY ANY OF THE INDEMNIFIED
PARTIES TnAT ARE RELATED TO, ARISE OUT OF, OR ARE ASSOCIATED
WITH: (1) ANY BREACH OF OR INACCURACY IN ANY REPRESENTATION OR
WARRANTY MADE BY THE DEVELOPER OR DEVELOPER PARTIES; AND (2)
AW BREACn OR NONPERFORMANCE, PARTIAL OR TOTAL, BY DEVELOPER
OR DEVELOPER PARTIES, OF ANy COVENANT OR AGREEMENT OF THEDEVELOPER CONTAINED HEREIN.
THE DEVELOPER PARTIES RELEASE AND DISCnARGE THE INDEMNIFIED
PARTIES FROM AIW AND ALL CLAIMS, DEMANDS, CONTROVERSIES, AND
CAUSES OF ACTION FOR BREACH OF CONTRACT9 TAKINGS9 EXACTIONS9CIVIL RIGHTS (INCLUDING UNDER THE UNITED STATES AND TEXAS
CONSTITUTIONS AND 42 U.S.C. g 1983) NEGLIGENCE, CLAIMS UNDER
TEXAS LOCAL GOVERNMENT CODE CHAPTER 395, CLAIMS UNDER THEPRIVATE REAL PROPERTY RICHTS PRESERVATION ACT, TEXAS
GOVERNMENT CODE CHAPTER 2007, AND CLAIMS UNDER TEXAS LOCALGOVERNMENT CODE CnAPTER 212 THAT RELATE TO THIS AGREEMENT
AND THAT OCCURRED PRIOR TO THE DATE OF EXECUTION OF THIS
AGREEMENT, ANY PRIOR OR PRESENT CLAIMS AGAINST THE INDEMNIFIEDPARTIES WHICH ARE NOT SPECIFICALLY RELEASED ABOVE ARE HEREBY
ASSIGNED BY THE DEVELOPER IN FULL TO THE CITY.
SECTION 6. REMEDIES
If a default by the Developer shall occur and continue, after thirty (30) days written
notice to cure default, City may, at its sole option, terminate this Agreement in
accordance with Texas law, without the necessity of further notice to or demand upon the
Developer.
If a default by the City shall occur and continue, after thirty (30) days written notice to
cure default Developer may, at its sole option, terminate this Agreement in accordance
with Texas law, without the necessity of further notice to or demand upon the City.
All warranty and indemnification obligations herein shall survive any termination or
assignment unless the Party warranting, or indemnifying, is released by the other Party.
Nothing in this Section shall be construed to waive any sovereign, governmental
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immunity available to City, or its council, employees, and/or agents, under Texas law.
Nothing in this Section, nor the election of the City to not exercise a right or seek a
remedy at a particular time, shall be construed as a waiver or release of any right,remedy, or cause of action that is available to the City under or as a result of this
Agreement, in equity or at law.
SECTION 7. VENUE AND GOVERNING LAW
This Agreement is performable in Denton County, Texas, and venue of any action
arising out of this Agreement shall be exclusively in Denton County, Texas. This
Agreement shall be governed and construed in accordance with the laws and courtdecisions of the State of Texas.
SECTION 8. NOTICES
Any notice required by this Agreement shall be deemed to be properly served if
deposited in the U.S. Mail by certified letter, return receipt requested, addressed to the
recipient at the recipient’s address shown below, subject to the right of either Party to
designate a different address by notice given in the manner just described.
If intended for City, to: The City of Denton
Sara Hensley, City Manager
215 East McKinney
Denton, Texas 76201
With a copy to:
City of Denton
215 E. McKinney Street
Denton, Texas 76201
Attention: Mack Reinwand
City Attorney
Fax No.: (940) 382-7923
If intended for Developer, to:
4000 Ganzer Investments, LLC
9120 Double Diamond Parkway, Box Z148
Reno, Nevada 89521
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With a copy to:
Nathan M. Rosen, P.C.
Ann: Nathan M. Rosen
5025 Bridge Creek Drive
PIano, Texas 75093
SECTION 9. APPLICABLE LAWS
This Agreement is made subject to the provisions of the Charter and ordinances of City,
as amended, and all applicable state and federal laws. The Parties stipulate that this
Agreement does not satisfy any other development obligation under law or Cityordinances.
SECTION 10. SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof and this
Agreement shall be considered as if such invalid, illegal, or unenforceable provision had
never been contained in this Agreement.
SECTION 11. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
SECTION 12. CAPTIONS
The captions to the various clauses of this Agreement are for informational purposes
only and shall not alter the substance of the terms and conditions of this Agreement.
SECTION 13. SUCCESSORS AND ASSIGNS
The terms and conditions of this Agreement are binding upon the successors and assigns
of the Parties to this Agreement and stand as obligations running with the land until
satisfied in full, regardless of whether the Property is developed as the Development, or
as any other alternative use.
SECTION 14. ENTIRE AGREEMENT
This Agreement embodies the complete agreement of the Parties hereto, superseding all
oral or written previous and contemporary agreements between the Parties relating to
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matters contained in this Agreement and, except as otherwise provided in this
Agreement, cannot be modified without written agreement of the Parties to be attached
to and made a part of this Agreement. The Parties further stipulate that with respect to
the limited scope of this Agreement, the fUnds provided are not disproportionate to the
burdens of the development. The Parties stipulate that this Agreement does not constitute
a permit for development under Chapter 245 of the Texas Local Government Code.
SECTION 15. ACKNOWLEDGMENT OF PROJECT-RELATED COSTS;DEVELOPER CONTRIBUTION VOLUNTARILY PAID
i. The Developer expressly acknowledges and agrees that the most it
is required to pay to the City for Project is $8,000,000.00.
ii. The Developer expressly acknowledges and agrees that both the
execution of this Agreement and the payment of the Developer Contribution is
made voluntarily by the Developer and not as a requirement of the City under its
Code of Ordinances or Denton Development Code.
iii. The Developer expressly acknowledges and agrees that the Project
is still subject to the assessment of water and wastewater impact fees, as well as
other dedication, construction, and fee requirements and costs not associated with
the Project, to the extent these fees are assessed for projects in Denton’s ETJ.
Further, the Developer expressly acknowledges and agrees that the Developer
Contribution, or any part thereof, is not available for use as an impact fee credit
for the Development or subject to refund.
SECTION 16. DEVELOPER WAIVER AND RELEASE
1.The Developer expressly acknowledges and agrees that:
a. The Developer Contribution it pays and other dedications
in accordance with this Agreement for the Project are roughly proportional
to the benefits received and burdens imposed by the Development and
waives any claim therefor that it may have under any theory of law against
the City.
b. All prerequisites to a determination of the Development-
related wastewater requirements for the Project have been met, and that
any costs incurred relative to the payment of the Developer Contribution
and other dedications for the Project are related both in nature and extent
to the impact of the Devlopment upon the City and the needs related
thereto
c. Developer further expressly acknowledges and agrees that
its waives any claims against the City for reimbursement of the Developer
Contribution should the City receive additional monies as the result of
another development that would be subject to contribution for the Project
based on a rough proportionality analysis.
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d. Developer has no vested rights under Texas law, or any
other law, with respect to the issuance of permits if the Developer
Contribution has not been paid, and waives any and all claims against the
City it may have, including liability under Section 212.904 of the Tex.Loc. Gov’t Code, as amended, related to the same if the Developer
Contribution has not been paid.
ii. Except for claims based upon or arising out of this Agreement,
both Developer and the City fbrther agree to waive and release all other claims
one may have against the other related to the Developer Contribution, dedications
for the Project, or a Development proportionality study.
SECTION 17. RELATIONSHIP OF THE PARTIES; NO THIRD-PARTYBENEFICIARIES
Nothing contained in this Agreement shall be deemed or construed by the Parties or
by any third party to create the relationship of principal and agent or of partnership
or of joint venture or of any association whatsoever between the Parties, it being
expressly understood and agreed that no provision contained in this Agreement nor any
act or acts of the Parties shall be deemed to create any relationship between the P arties
other than the relationship of independent parties contracting with each other solely
for the purpose of effecting the provisions of this Agreement. There are no third-party
beneficiaries to this Agreement and no third-party beneficiaries are intended by
implication or otherwise.
3rd _ _ MayEXECUTED this day of ' 2022 ( “Effective Date”), by
the City, signing by and through its City Manager, and by the Developer, acting through
its duly authorized officers.
ISignatures provided on following page\
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CITY OF DENTON
Sara Hensley
City yan#gg£nd by:
BY: L !:nH%fr
ATTEST:
Rosa R/iosh£gxe?£pntary
B y :
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operational
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APPROVED AS TO LEGAL FORM:Mack :ity Attorney
By:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the 3 rd day of MaY
by Sara Hensley, being City Manager of the City of Denton, a Texas home-rule
municipal corporation, on behalf of said municipality.
$
2022
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4000 GANZER INVESTMENTS, LLC,
a Nevada limited liability company
By:4000 GNI, L.P.,
a Nevada limited partnership, sole Member
By:4000 GNI-GenPar, L.P.,
a Nevada limited partnership,General Partner
By:4000 GNI GP, LLC.,
a Nevada limited liability
NaI=1Title. vTR–PH-main
ACKNOWLEDGEMENT
STATE OF TEXAS §
§
§COUNTY OF DENTON
14th . _ Apri1
_This instruhT{Hwa hiMowledged before me on this day of +2022, by Matthew H1 les – of 4a
Nevada limited liability company, General Partner of 4000 GNI-GenPar, L.P., a Nevada
limited partnership, General Partner of 4000 GNI, L.P., a Nevada limited partnership,
sole Member of 4000 Ganzer Investments, LLC, a Nevada limited liability company,
on behalf of said limited liability company.
DocuSign Envelope ID: ED1277C2-88CFz12B3-A827-7E2AEA967084
Exhibit “A”
Property Legal Description
BEING A TRACT OF LAND LOCATED IN THE JOHN AYERS SURVEY.ABSTRACT No. 2, DENTON COUNTY, TEXAS, BEING ALL OF A TRACT OFLAND DESCRiBED IN A DEED TO 4000 GANZER INVESTMENTS, LLC,RECORDED IN DOCUMENT NUMBER 2021-150172, OFFICIAL RECORDS,DENTON COUNTY, TEXAS (0.R.D.C. T.), AND BEING MORE PARTICULARLYDESCRIBED BY METES AND BOUNDS AS FOLLOWS :
BEGINNING AT A 5/8" IRON ROD WITH A PINK CAP STAMPED '’TxDOT"FOUND IN THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN A DEED
TO LINENSCHMIDT REVOCABLE TRUST, RECORDED IN DOCUMENTNUMBER 2013-14156, 0.R.D.C. T., SAID IRON ROD BEING THE NORTHEASTCORNER OF SAID GANZER INVESTMENTS TRACT AND THE NORTHWEST
CORNER OF A TRACT OF LAND DESCRIBED IN A RIGHT-OF-WAYAGREEMENT RECORDED IN DOCUMENT NUMBERS 2020-130207 AND 2020-
188247, 0.R.D.C.T.;
THENCE S 06'14'21" W, DEPARTING THE SOUTH LINE OF SAID
LINENSCHMIDT TRACT, ALONG THE EAST LnqE OF SAID GANZERINVESTMENTS TRACT AND THE WEST LINE OF SAID RIGHT-OF-WAY
AGREEMENT TRACT, A DISTANCE OF 46.68 FEET TO A 1/2" IRON ROD SETWITH A CAP STAMPED ’'WIER & ASSOC INC";
THENCE S OO'31’43" W, ALONG THE EAST LINE OF SAID GANZERINVESTMENTS TRACT AND THE WEST LINE OF SAID RIGHT-OF-WAY
AGREEMENT TRACT, A DISTANCE OF 244.86 FEET TO A 1/2" IRON ROD SETWITH A CAP STAMPED ’'WIER & ASSOC INC";
THENCE S 06'43'29" E, ALONG THE EAST LINE OF SAID GANZERINVESTMENTS TRACT AND THE WEST LINE OF SAID RIGHT-OF-WAY
AGREEMENT TRACT, A DISTANCE OF 187.01 FEET TO A 5/8" RON ROD WITHA PINK CAP STAMPED ’'TXDOT" FOUND IN THE WEST RIGHT-OF-WAY LINE
OF INTERSTATE HIGHWAY No. 35 (A VARIABLE WIDTH RIGHT-OF-WAY);
THENCE S OO'29’39'’ W, ALONG THE EAST LINE OF SAID GANZERINVESTMENTS TRACT AND THE WEST RIGHT-OF-WAY LrNE OF SAID
INTERSTATE HIGHWAY No. 35, A DISTANCE OF 1066.39 FEET TO A 1/2" IRONROD SET WITH A CAP STAMPED "WIER & ASSOC INC" BEING THE MOST
EASTERLY SOUTHEAST CORNER OF SAID GANZER INVESTMENTS TRACT,FROM WHICH A 5/8" RON ROD WITH A PINK CAP STAMPED "TXDOT"FOUND BEARS S OO'29'39'’ W, 231.70 FEET;
DocuSign Envelope ID: ED1277C2-88CF42B3-A827-7E2AEA967084
Exhibit “A”
Property Legal Description
THENCE N 89'30'21" W, DEPARTnqG THE WEST RIGHT-OF-WAY LINE OF SAIDINTERSTATE HIGHWAY No. 35, ALONG THE MOST EASTERLY SOUTH LINEOF SAID GANZER INVESTMENTS TRACT, A DISTANCE OF 796.55 FEET TO A1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC" BEING AN
ELL CORNER OF SAID GANZER IIWESTMENTS TRACT;
THENCE S OO'27'06" W, ALONG AN EAST LnqE OF SAID GANZERINVESTMENTS TRACT, A DISTANCE OF 551.87 FEET TO A 1/2" IRON ROD SETWITH A CAP STAMPED "WIER & ASSOC INC" IN THE NORTH Ln(E OF ATRACT OF LAND DESCRIBED nq A DEED TO JIM SMITH, RECORDED IN
DOCUMENT NUMBER 94-RO042666, 0.R.D.C.T.;
THENCE S 89'41'26" W, ALONG A SOUTH LINE OF SAID GANZERINVESTMENTS TRACT, THE NORTH LINE OF SAID SMITH TRACT, AND THENORTH LINE OF LOT 1, BLOCK A, B AND K FARMS ADDITION, AN ADDITIONTO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE
PLAT RECORDED IN DOCUMENT NUMBER 2015-195, PLAT RECORDS,
DENTON COUNTY, TEXAS, (P.R.D.C. T.), A DISTANCE OF 721.44 FEET TO A1/2" IRON ROD SET WITH A CAP STAMPED '’WIER & ASSOC INC" BENG THENORTHWEST CORNER OF SAID LOT 1 AND AN ELL CORNER OF SAID
GANZER INVESTMENTS TRACT;
THENCE S OO'14'36" W, ALONG THE WEST LINE OF SAID LOT 1 AND THEMOST SOUTHERLY EAST LINE OF SAID GANZER nqVESTMENTS TRACT, A
DISTANCE OF 855.94 FEET TO A 1/2" RON ROD FOUND (BENT), SAn) IRONROD BEING THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID GANZER
INVESTMENTS TRACT AND IN THE NORTH RIGHT-OF-WAY LINE OF
GANZER ROAD (A VARLABLE WIDTH RIGHT-OF-WAY);
THENCE N 89'10'33" W, ALONG THE SOUTH LINE OF SAID GANZERINVESTMENTS TRACT AND THE NORTH RIGHT-OF-WAY LINE OF SAIDGANZER ROAD, A DISTANCE OF 1329.69 FEET TO A 4" STEEL FENCE POST
FOUND IN CONCRETE, SAID FENCE POST BEING THE SOUTHWEST CORNEROF S AED GANZER IWESTMENTS TRACT AND IN THE EAST LINE OF ATRACT OF LAND DESCRIBED nq A DEED TO NORTH TEXAS STATE FAIR
ASSOCLATION, RECORDED IN DOCUMENT NUMBER 2014-103054, 0.R.D.C.T.;
THENCE N OO'OI'OO" E, ALONG THE WEST LINE OF SAID GANZERIWESTMENTS TRACT AND THE EAST LINE OF SAm NORTH TEXAS STATEFAIR ASSOCLATION TRACT, A DISTANCE OF 3002.16 FEET TO A 1/2" IRON
DocuSign Envelope ID: ED1277C2-88CF-42B3-A827-7E2AEA9670&4
Exhibit “A”
Property Legal Description
ROD SET WITH A CAP STAMPED "WIER & ASSOC INC" BEING THENORTHWEST CORNER OF SAID GANZER INVESTMENTS TRACT AND THE
SOUTHWEST CORNER OF SAID LINENSCHMDT TRACT;
THENCE S 88'3 1'46'’ E, DEPARTING THE EAST LINE OF SAID NORTH TEXASSTATE FAIR ASSOCIATION TRACT, ALONG THE NORTH LINE OF SAIDGANZER INVESTMENTS TRACT AND THE SOUTH LINE OF SAIDLINENSCHMIDT TRACT, A DISTANCE OF 2850.18 FEET TO THE PLACE OFBEGINNING AND CONTAINING 155.254 ACRES (6,762,885 SQUARE FEET) OFLAND. MORE OR LESS
DocuSign Envelope ID: ED1277C2-88CF42B3-A827-7E2AEA967084
Exhibit “B”
Project Depiction
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Exhibit “C”
Development Depiction
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Exhibit “C”
Development Depiction
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DocuSign Envelope ID: ED1277C2-88CF-42B3-A827-7E2AEA967084
Exhibit “C”
Development Depiction
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Certificate Of Completion
Envelope Id: ED1277C288CF42B3A8277E2AEA967084
Subject: Please DocuSign: Development Agreement Final.pdf
Status: Completed
Source Envelope:
Document Pages: 17
Certificate Pages: 6
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Signatures: 5
Initials: 0
Envelope Originator:
Christine Taylor901B Texas Street
Denton, TX 76209
christine.taylor@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
4/12/2022 3:25:43 PM
Holder: Christine Taylor
christine.taylor@cityofdenton.com
Location: DocuSign
Signer Events
Hilary Negron
hilary.negron@cityofdenton.com
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 4/12/2022 3:50:M PM
Viewed: 4/1 3/2022 6:03:11 PM
Signed: 4/1 3/2022 6:03:19 PM
'DocuSlgn•d b)c
UitAyYr 8Las b
Signature Adoption: Pre-selected Style
Signed by link sent to
hilary.negron@cityofdenton.com
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted: 4/13/2022 6:03:11 PMID: cd5c2afd-5563J;bd6-9c71-65fC)e27797b7
Stephen Gay
stephen.gay@cityofdenton.com
Director
Security Level: Email, Account Authentication
(None)
'DocuS+Oned bFI stM 6„I9EBFF5658E5&492
Sent: 4/13/2022 6:03:21 PM
Viewed: 4/1 3/2022 8:45:37 PM
Signed: 4/1 3/2022 8:46:04 PM
Signature Adoption: Pre-selected Style
Signed by link sent to
stephen.gay@cityofdenton.com
Using IP Address: 47.186.197.168
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 4/1 3/2022 8:45:37 PMID: cedbe821-21014d57-b6c9-lf505dc134f0
Matthew Hiles
matth@livew3.com
Vice President
Security Level: Email, Account Authentication(None)
Sent: 4/1 3/2022 8:46:06 PM
Viewed: 4/14/2022 10:07:18 AM
Signed: 4/14/2022 10:41 :40 AM
Signature Adoption: Pre-selected Style
Signed by link sent to matth@livew3.com
Using IP Address: 12.18.78.106
Electronic Record and Signature Disclosure:
Accepted: 4/14/2022 10:07:18 AMID: cf1 1 9ce0-3b6c4c9e-83c2-ba644646a899
Signer Events
Christine Taylor
christine.taylor@cityofdenton.com
Director of Procurement and Compliance
City of Denton
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 4/14/2022 10:41 :42 AM
Viewed: 5/4/2022 9:17:41 AM
Signed: 5/4/2022 9:18:26 AM
Completed
Signed by link sent to
christine.taylor@cityofdenton.com
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 5/4/2022 9:18:28 AM
Viewed: 5/4/2022 9:18:56 AM
Signed: 5/4/2022 9:19:03 AM
Signature Adoption: Pre-selected Style
Signed by link sent to
sara.hensley@cityofdenton.com
Using IP Address: 47.184.83.229
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication(None)
'Docu91gned brI Ran R&B+
, IC5CA8CSEI 75493
Sent: 5/4/2022 9:19:06 AM
Viewed : 5/4/2022 9:37:10 AM
Signed: 5/4/2022 9:37:49 AM
Signature Adoption: Pre-selected Style
Signed by link sent to rosa.rios@cityofdenton.com
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted: 5/4/2022 9:37:10 AMID: 55aOd4e2-afde-4989-b1 30-1 e4dla497507
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status
Status
Timestamp
Carbon Copy Events
Nathan Rosen
nrosen@txrelaw.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Timestamp
Sent: 5/4/2022 9:37:52 AM
City Secretary's Office
city.secretary@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 5/4/2022 9:37:53 AM
Viewed: 5/4/2022 10:10:52 AM
Carbon Copy Events
Stephen Moore
stephen.moore@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Accepted: 4/26/2022 1:13:01 PMID: 3562d03d-b8154b81-b063-b105c795b5b0
Status Timestamp
Sent: 5/4/2022 9:37:M AM
Viewed: 5/4/2022 9:38:49 AM
I
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
4/1 2/2022 3:50:54 PM
5/4/2022 9:37:10 AM
5/4/2022 9:37:49 AM
5/4/2022 9:37:54 AM
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Hilary Negron, Stephen Gay, Matthew Hiles, Rosa Rios, Stephen Moore
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