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22-861ORDINANCE NO. 22-861 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DENTON AND TX LEGACY DENTON, LP. FOR THE GRANTING OF A PUBLIC ACCESS EASEMENTFOR A PARK TRAIL AND A TEMPORARY CONSTRUCTION EASEMENT ON THE LEGACY MULTI-FAMILY DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, TX Legacy Denton, LP., (the “Developer”) of the Legacy Multi-Family Development has asked consideration for approval of providing a public access easement for a park trail and a temporary construction easement. Developer intends to pay park dedication and development fees to satisfy the Park Dedication Ordinance 98-039; and WHEREAS, the City Manager recommends, and the City Council deems it in the publicinterest 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 accept and to undertake the obligations as set forth in the Agreement. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this Ordinance was made by ~{\Ct\ BUra . Thi, Ordin,n„ was p„„d ,nd ,pp„,,d by ,h, following vote LI - a: and seconded Aye L/ V/ \/ W b/a Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis. District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: / PASSED AND APPROVED this the 29th day of3yLLn f . 2022. #.-Z‘GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY nttlllllll BY: –/aZ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: gd% :PTE20 L::::6-y DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT (this “Agreement”) is entered into between TX Legacy Denton, LP, a Texas limited partnership (the “Developer”) and the City of Denton, a Texas home-rule municipal corporation (the “City”) as of the Effective Date as provided below. Introductory Provisions Developer is the owner of and is currently developing a portion of a 16.109-acre, more orless, tract of land for residential use known as Legacy Multi-Family Development which is located in the M. Forrest Survey, Abstract 0417, City of Denton, Denton County, Texas (the “Project”). The Project will include two hundred sixty-four (264) multifamily units. The City owns property (the “City Property”) directly to the south of the Project. A condition within the Specific Use Permit made part of Ordinance No. S20-0008b, passed and approved unanimously by the Mayor and City Council of Denton on May 4, 202 1, (“SUP”), which SUP is incorporated herein by reference, requires in part that the Developer provide a trail connection in the Project to the City Property. Pending approval by the City, the Project includes a green space consisting of 3.72 acres, more or less, (the “Easement Property”) out of which Developer desires to grant a Public Access Easement to the City in fulfillment of the SUP’s connection requirement. The Easement Property will give the City the right for the benefit of the general public to enter upon the Easement Property to construct and maintain recreational trails and other improvements for use as a public linear park. Developer will convey the easement to City via an Easement Agreement approved by City and substantially in the form attached hereto as Exhibit A. Furthermore, Developer will grant the City a Temporary Construction Easementsubstantial in the form attached hereto as Exhibit B solely for the purpose of allowing the City access to the Easement Property from the City Property during the initial installation of the improvements to the Easement Property. The amount of park land dedication required by Chapter 22, Article III, Section 22-37 of the City’s Code of Ordinances for the Project is 1.188 non flood plain acres or 3.564 flood plainacres. The fees in lieu of land dedication total $70,592.83. (the “Park Land Dedication Requirement”); The park development fees required by Chapter 22, Article III, Section 22-39 of the City’s Code of Ordinances for the Project total $49,368.00 (the “Park Development Fees Requirement”); and Developer and the City enter into this Agreement to confirm their agreement concerning (a) the Developer’s granting of a Public Access Easement, (b) the Developer’s granting of a Temporary Construction Easement, (c) the acknowledgement of the maintenance agreement between the City and Developer, (d) the understanding that Developer will pay the park land dedication fees & park development fees as required in Section 22-37 & 22-39 of the City’s Codeof Ordinances. A. Agreements For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. public Access Easement Developer will grant to City a blanket access easement across the Easement Property via an easement agreement approved by the City and substantially in the form of Exhibit A,which shall be recorded in the Deed Records of Denton County, Texas upon final execution. The access easement is solely for use as a public linear park, including as a main feature of the Easement Property a pedestrian and bicycling trail (the “Recreation Trail”), which Recreation Trail shall be 10-foot-wide, with a 10-foot-wide buffer adjacent to each side of the Recreation Trail, for a total width of 30 feet. Developer shall abstain from erecting any gates, fences, or other obstacles that would prevent City or the public from using the Trail Easement. 2. Temporary Construction Easement Developer will grant to City a temporary construction easement across the Easement Property for the purpose of constructing the Recreation Trail and related improvements. Developer will grant the construction easement via an easement agreement approved by the City and substantially in the form of Exhibit B, which shall be recorded in the Deed Records of Denton County, Texas upon final execution. 3. Master Plan Improvements. Developer and City have worked and agree to continue working cooperatively with one another to produce an agreed-upon Conceptual Master Plan for the Recreation Trail, which Conceptual Master Plan in its current form is attached hereto as Exhibit C. 4. Maintenance of Public Access Easement Developer and City agree that the maintenance of the Easement Property will be governed by the Public Access Maintenance Requirements, attached hereto as Exhibit D, the terms of which include that the City will only be responsible for the maintenance of the Easement Property made part of the Recreation Trail and that the Developer will be responsible for maintenance of all Easement Property outside the Recreation Trail. 5. Park Land Dedication Requirement, Park Development Fees Requirement, andReimbursement Developer understands and agrees that Developer shall be liable for and shall pay all fees required by the Park Land Dedication Requirement and the Park Development Fees Requirement in satisfaction of the City’s Code of Ordinances Sections 22-37 and 22-39. Developer shall pay a fee to the City of $70,592.83 in lieu of the Park Land Dedication Requirement. City may withhold release of the Final Plat for recording until Developer has paid all fees made part of the Park Land Dedication Requirement. The total fees made part of the Park Development Fees Requirement equal $49,368.00 and shall be imposed at the time of building permit application and City will not issue building permits for the Project until Developer has paid the park development fees in full. 6. Park Name The naming of the Easement Property will be directed by Resolution Number R20-1001, as amended, which outlines the naming policy guidelines for City buildings, facilities, land, or any portion thereof. 7. Waivers. The parties hereby agree: A.Developer and its related entities, successors, and assigns release and discharge the City, its past and present employees, officers, council members, attorneys, and other agents, contractors, and representatives from any and all claims, demands, controversies, and causes of action for breach of contract, takings, exactions, claims under Texas Local Government Code Chapter 395, and claims under the Private Real Property Rights Preservation Act, Texas Government Code Chapter 2007, and all claims for reimbursements and monies that relate to this Agreement. B The City acknowledges and agrees that the City is receiving rights to the Easement Property in lieu of dedication by Developer of any portion of the Project or EasementProperty to the City. As further consideration under this Agreement and as an inducement to the City for entering this Agreement, Developer shall accept those determinations made by the parks and recreation department of the City as they pertain to the Easement Property’s compliance with Article III, Chapter 22, of the City’s Code of Ordinances, and waives any right to appeal such determinations to the City Council pursuant to Section 22-42 of the City’s Code of Ordinances. 8 City Indemnification. DEVELOPER SHALL INDEMNIFY, SAVE, AND HOLDHARMLESS THE CITY. ITS ELECTED OFFICIALS. OFFICERS. AGENTS.ATTORNEYS, AND EMPLOYEES (COLLECTIVELY, THE“INDEMNITEES”) FROM AND AGAINST: (1) ANY ADMINISTRATIVE ORINVESTIGATIVE PROCEEDING BY ANY GOVERNMENTAL AUTHORITYDIRECTLY OR INDIRECTLY RELATED TO A CLAIM. DEMAND. ACTION.OR CAUSE OF ACTION, ARISING FROM DEVELOPER’S PERFORMANCEOF ITS OBLIGATIONS HEREUNDER; (I1) ANY CLAIM, DEMAND,ACTION, OR CAUSE OF ACTION WHICH DIRECTLY OR INDIRECTLYCONTESTS OR CHALLENGES THE LEGAL AUTHORITY OF THE CITYOR DEVELOPER TO ENTER INTO THIS AGREEMENT; (II1) ANY CLAIM,DEMAND. ACTION, OR CAUSE OF ACTION BROUGHT BY AN ASSIGNEEOF DEVELOPER RELATED TO APPROVAL OF AN ASSIGNMENT BEING WITHHELD BY THE CITY; AND (IV) ANY AND ALL LIABILITIES,LOSSES, COSTS, OR EXPENSES (INCLUDING ATTORNEY’S FEES ANDDISBURSEMENTS) THAT ANY INDEMNITEES SUFFER OR INCUR AS ARESULT OF ANY ACTION OR OMISSION OF INDEMNITEES PURSUANT TO THIS AGREEMENT; PROVIDED, HOWEVER, THAT DEVELOPERSHALL HAVE NO OBLIGATION UNDER THIS PARAGRAPH TO THE CITYWITH RESPECT TO ANY OF THE FOREGOING ARISING OUT OF THEGROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY ORTHE BREACH BY THE CITY OF THIS AGREEMENT. 9.Insurance. The Developer agrees to maintain Developer’s typical policy or policies of insurance for the Project to include coverage for the Easement Property not made part ofthe Recreation Trail. They City agrees to maintain City’s typical policy or policies of insurance for City parks as it pertains to the Recreation Trail and to include Developer as an additional insured. The City further agrees to add an endorsement to any policy covering the Recreation Trail to the effect that the issuer waives any claim or right of subrogation to recover against Developer or Developer’s Parties. B. Miscellaneous 1.This Agreement contains the full and complete agreement of the parties hereto, and all 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. 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 party shall not be employed in the interpretation of this Agreement, nor anyamendments or exhibits thereto. 4.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 provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision hadnever 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. Any party may change its address for notices under this Agreement by giving written notice to the other parties, specifying that the purpose of the notice is to change the party’s address. For notice purposes, each party agrees to keep the other informed at all times of its current address. To City: City Manager City of Denton City Hall 215 E. McKinneyDenton, Texas 76201 To Developer: Melissa Fisher TX Legacy Denton, LP 16812 Dallas ParkwayDallas, Texas 75248 6. This Agreement shall 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 competent jurisdiction in Denton County, Texas. 7. This Agreement may be executed in multiple counterparts, by one or more signatories, separately and each of such counterparts shall be deemed an original for all purposes, and all such signed counterparts shall constitute but one and the same instrument. Signed to be effective the 2rbday ,f -June , 2022 (th, „Eff„ti„, D,t,„). [signatures on following page1 DEVELOPER TX Legacy Denton, LP, a Texas limited partnership Partner CITY OF DENTON B.„ J;CltyManager D£M 215 E. McKinneyDenton. Texas 76201 ATTEST: ROSA RIOS, CITY SECRETARY 1\\\11111/if IZal;/22 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Scott BrayDate: 2022.05.20 14:06:26 -05'OO' THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial operational obligations and business terms an, Director, Parks and Recreation ACKNOWLEDGMENTS STATE OF TEXAS § § §COUNTY OF DENTON TheSome home-rule municipal foregoing Development Agreement was executed befo,e me on the May2022 b (3t}'44anaer of the City of Denton, a Texas behalf of said municipal corporation. of corporatlot WriEREOF,/before written OaUfD bai c\esCIIv/n„lq'v IN WITNESS I have hereunto set my hand and seal the day and year k)£4p.,'L€(_kyJC:F$OZPLAV Ac+ irq C,w IC- KARJSA LEIGH RICHARDS My bbWy ID # 131826791Wm$ D®ember 14, 2022 Kari:>ct e:ChOI rdS [;T::,ITliT::„ ,,pi.„, taI Iq jao&a My commission is in ID County. STATE OF TEXAS § § §COUNTY OF DENTON The foregoing Development Agreement was executed before me on the ZU day of {\\an , 2022 by Melissa Fisher, managing member of the General Partner of TXLegacy Denton, LP, a Texas limited partnership. IN WiTNESS WHEREOF, I have hereunto set my hand and seal the day and yearbefore written Not.'ubli Ghracy~h, a:A li:::„==:::„ .*p:„;: a\\Q \\noX. My commission is in 'b, qQ M County. Exhibit A Public Access Easement f NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWINGINFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST INREAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. PUBLIC ACCESS EASEMENT STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT TX Legacy Denton, LP (collectively “Grantor”), a Texas limited partnership whose mailing address is 16812 Dallas Parkway, Dallas, Texas 75248, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, a Texas municipal corporation, receipt of which is hereby acknowledged, hasGRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton (“Grantee”) a perpetual public access easement (the "Easement") in, along, upon, under, over and across the following described property, owned by Grantor, and situated in Denton County, Texas, located in the Moreau Forest Survey, Abstract Number 417, commonly known as 4298 E. McKinney Street, Denton, Texas76208 ]EASEMENT AREA DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: For use by the public for the purpose of walking, running, hiking, bicycling, or traversing over, upon and across, and otherwise using recreational trails on the areas clearly marked for public trails, and for use by Grantee for the purposes of location, placement, relocation, construction, operation, enlargement, maintenance, alteration, repair, rebuilding, removal, public use, and patrol of clearly marked public recreational trail facilities, public trail materials, and related appurtenances, equipment, and signage. This Easement is subject to the following: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed along, upon, over or across the Easement that would prevent Grantee or the public from using the Easement for the purposes described herein. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may remove from the Easement such buildings, fences, structures, signs, facilities, improvements and other obstructions that would prevent Grantee or the public from using the Easement for the purposes described herein and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee and the public shall have access to the Easement by way of adjacent public property or right-of-way . 3. Trees and Landscaping. No shrub or tree shall be planted that may encroach upon the Easement or prevent Grantee or the public from using the Easement for the purposes described herein. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may overhang upon the Easement without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 4. Trail Markers. Grantor further grants to Grantee the right to mark the location and area of the recreational public trails and associated facilities on the Easement by suitable markers set in the ground; provided that such markers shall be placed in other locations which will not interfere with any reasonable use Grantor shall make of the Easement. 5. Grantor’s Rights. Grantor shall have the right, subject to the restrictions contained herein, to make use of the Easement for any purpose that does not interfere with the City’s rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, successors and assigns. 7. Term. Except as otherwise noted, the easements, rights, and privileges granted herein shall be perpetual. TO HAVE AND TO HOLD unto the said City of Denton as aforesaid for the purposes aforesaid the premise above described. Witness our hands, this the 2,+++k day of X4kY , 2022. ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned, a Notary Public in and for the said County and State, onthis day personally appeared Melissa Fisher, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in the capacity and for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL 0 jf:::{&it b/// } I :tJ : p& • ; I•; •{ +l::\v My commission expires: UPON FILING RETURN TO: City of Denton-Real EstateAHn: DeAnna Cody401 N. Elm Street Denton, TX 76201 Exhibit A LEGAL DESCRIPTIONPUBLIC ACCESS EASEMENT BEING a 3.7238 acre (162,207 square foot) tract of land sItuated in the Moreau Forest Survey, Abstract No. 417, City of Denton. Denton County, Texas i said tract being part of that tract of land described in Warranty Deed to TX Legacy Denton LP recorded in Instrument No. 2021-230818 of said Official Public Records; said tract being more particularlydescribed as follows: BEGINNING at a 5/8-inch iron rod with cap stamped ''KHA'' set for the southeast corner of said TX Legacy Denton LPtract THENCE following along south line of said TX Legacy Denton LP tract the following (3) three calls: North 69'47'10" West, a distance of 169.33 feet to a 1/2-inch iron rod with cap stamped "1849" found for corner; North 56'19'30'’ West, a distance of 195.33 feet to a 1/2-inch iron rod with cap stamped '’1849" found for corner; North 25'01'51 " West, a distance of 364.33 feet to a point for corner; THENCE South 87'25'48" East. departing the said south of the TX Legacy Denton LP tract, a distance of 497.40 feet to a point for corner in the east line of said TX Legacy Denton LP tract; THENCE South 02'34'12" West, along the said east line of the TX Legacy Denton LP tract, a distance of 475.10 feet to the POINT OF BEGINNING and containing 162,207 square feet or 3.7238 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), with an appliedcombined scale factor at 1.000150630. A survey plat of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor. hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract. ZMICHAEL C. BILLINGSLEYREGISTERED PROFESSIONAL LAND SURVEYOR NO. 6558 801 CHERRY STREET, UNIT 1 1 SUITE 1300FORT WORTH, TEXAS 76102 817-335-6511 /7./‘ I PH PUBLIC ACCESS EASEMENT/7-=/,gjz” MOREAU FOREST SURVEY ABSTRACT NO. 417 CITY OF DENTON. DENTON COUNTY,TEXAS michael.billingsley@kimley-horn.com WC BmE rm SH 8/2022 mr 068213059 ae 1 OF 2CDP Exhibit A GRACE LIKE RAIN. INC (INST. NO. 201 9-38258) S2'34'12"W 475.10'IRSC PaB'LIbACCESS EASEMENT3.7238 ACRES 162,207 SQ. FT. 0VNa)'+ LU60srtoalab00CD 1/2" tRF"1849" 1/2" IRF "1 849" / N25'Of'51"W '364.33'0 50 100 ” GRAPHIC SCALE IN FEET CITY OF DENTON (INST. NO. 97-19639)LEGEND P.0.C. = POINT OF COMMENCING P.0.B. = POINT OF BEGINNINGIRSC = 5/8-INCH IRON ROD WITH "KHA" CAP SET NOTES Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), with anapplied combined scale factor at 1.000150630. A metes and bounds description of even survey dateherewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies this survey plat accuratelysets out the metes and bounds of the easement tract. PUBLIC ACCESS EASEMENTMOREAU FOREST SURVEY ABSTRACT NO. 417HIs// g/2. ”Flna'rcTRLtFiat–ElREGISTERED PROFESSIONAL LAND SURVEYOR NO. 6558 801 CHERRY STREET UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102PH. 817-335-651 1.-. - - -. .- =.: -: ' ' _. . . . 1 ££:# I CXawnby I eheck8d by I ma I PmjectNo. 1WWmichael.billingsley@kimley-horn.com I ,;ii, IT IT I Hi„, I m 1-;i= \\KhALEY+IORN\TX_FTVUFTW_SURVEY\061283812DPS DENTON MAYHILL\DWG\061283812{EGACY MF DENTON_AE.DWG Exhibit “B” Temporary Construction Easement NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOUMAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATIONFROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTYBEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIALSECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § §COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That TX Legacy Denton, LP, a Texas limited partnership, the mailing address of which is 16812 Dallas Parkway, Dallas, Texas 75248, for and in consideration of the sum of Ten and No/100 Dollars ($10.oo) and other good and valuable consideration in hand paid by the City of Denton, receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed, and does by these presents grant, bargain, sell and convey unto the City of Denton (“Grantee”) a temporary construction easement in, along, upon, under, over and across the following described property (the “Property”), owned by Grantor, and situated in Denton County, Texas: PROPERTY AREA DESCRIBED ANDDEPICTED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF It is agreed that the City of Denton, in consideration of the benefits above set out, will remove from the Property above described, such fences, signage, buildings and other obstructions as may now be found upon said Property, for the purpose of construction activities, grading activities and access in, along, upon, under and across said Property. The City of Denton, its agents, employees, contractors, workmen, and representatives shall access the Property from City-owned property and shall have the right of ingress, egress and regress in, along, upon, under and across said Property for the purpose of construction activities or any part thereof. The term of this grant shall commence on Jhnf+ 2.g , 2022 (the “Effective Date”) and shall expire two years from the Effective Date unless extended by written agreement of the parties, which consent shall not be unreasonably withheld. TO HAVE AND TO HOLD unto the said City of Denton as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the b'++,t day of AM _, 2022. Grantor: TX Legacy Denton, LP,a Texas limited partnership matiR;[rialagi©rihar–athe General Partner ACKNOWLEDGMENT STATE OF TEXAS § § §COUNTY OF DENTON BEFORE ME, the undersigned, a Notary Public in and for the said County and State, on this day personally appeared Melissa Fisher, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same in the capacity and for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL 0 UPON FILING RETURN TO: City of Denton-Real Estate AHn: DeAnna Cody401 N. Elm Street Denton, TX 76201 Exhibit “C” Conceptual Master Plan IIWU3d 803 3rlssl SVX31 'NOIN30133815 A]NNIX]W 'I ALINrl W WO) AIIWVJ-111fl WNOIN la A)V931 : : : : : : : : : : : : H : • n ,fh: :G \:-'~''~....{f\\ ! '\. Exhibit “D” Maintenance Agreement Exhibit “D” Public Access Easement: Maintenance Requirements A.Upon completion of the Recreation Trail Improvements and execution of this Agreement, the City and Developershall, at the respective sole cost and expense of each, fully and timely perform and satisfy any and all terms, conditions, and maintenance obligations of this Agreement. a. Shall maintain public records of the results of the inspections, inform each other of the inspection results,and specifically indicate any corrective actions required to bring each other into compliance with therequirements of this Agreement. b. The Property shall be patrolled on a regular basis, and trash and debris in and around the premises shall beremoved. c. Notify each other of maintenance problems that require correction.d. The native areas shall be maintained to promote tree health and prevent excessive weed growth. e. After significant flooding events, the Property shall be inspected, and any necessary restoration shall becompleted. B.Developer: The responsibility of maintenance shall be the area outside of the 30-foot-wide Recreation Trail as outlined in Exhibit “D.” These maintenance functions shall be regularly performed to the following minimalstandard levels. a. The Developer will provide ordinary and ongoing maintenance to the areas outside of the Recreation Trails at a level consistent with City maintained publicly accessible parks. b. If a pathway outside of the Public Access Easement exists and will lead towards the City Recreation Trail. The Developer will inspect, repair, and replace surface and base materials as necessary to keep them in a reasonably safe condition. Areas along and immediate adjacent to the trail path shall be kept free of tripping hazards. Continuous pedestrian (ADA compliant) access shall be maintained along the trail path. MAINTENANCE FUNCTIONS SCHEDULE (IfAoDlicablec SERVICES = FREQUENCYFUNCTIONt t t Removal, repair. or replacement of pavement and base Pedestrian Tripping Hazard Removal Inspect, repair and replace trash/recyclable bins. replacement of waste bags. Remove litter and debris. Trail sweeDin Graffiti removal (washing. cleaning, and painting). Vandalism removal, repair, and/or replacement. Signs and pet waste station: Inspect, clean, paint, repair, remove, and/or replace, replacement of wastebags Within 48 hrs Mowing of land Weed Abatement (non-turf areas) Hedging to retain and fullness of shrubs. Trim and fertilize landscape planting. Inspect and prune trees As needed As reasonably possible • rDebris je 1 time per week (During winter as needed) • r Waste Station 1, • As reasonably possible As reasonably possibleAs needed. • Landscaping & Mowing je • • • e As needed As needed As needed As needed As needed Pest Control l• l• • Control flies. ants, bees, spiders, & other insects in landscaping and treatment areas. Inspect, repair, service, or replace controllers, poles,ipes, valves, etc .. . All public sal-ctv concerns & hazard removal. As needed. Electrical & Irrigation As needed. Within 24 hours C.City of Denton: The responsibility of maintenance shall only be within the 30-foot-wide Recreation Trail asoutlined in Exhibit “D.” These maintenance functions shall be regularly performed to the following minimalstandard levels. a. The City will, at all times during the term, keep and maintain, or cause to be kept and maintained, the Recreational Trails in a good state of appearance and repair. The City shall provide ordinary and ongoing maintenance to the Recreational Trails at a level consistent with City maintained publicly accessible parks.b. The City of Denton will inspect, repair, and replace surface and base materials as necessary to keep them in a reasonably safe condition. Areas along and immediate adjacent to the trail path shall be kept free of tripping hazards. Continuous pedestrian (ADA compliant) access shall be maintained along the trail path. MAINTENANCEFUNCTION Trailside Trail Path MAINTENANCE FUNCTIONS SCHEDULE (if A1MAINTENANCE SERVICES llicable L Inspect. clean. and remove all trash and debris Blow trail walkways. Power wash hard surfaces. Removal, repair, or replacement of pavement andbase Pedestrian Tripping Hazard Removal Inspect, repair and replace trash/recyclable bins. replacement of waste bags.Remove litter and debris. Trail sweepin Graffiti removal (washing. cleaning. and painting). Vandalism removal, repair, and/or replacement.Signs and pet waste station: Inspect, clean, paint, repair, remove, and/or replace, replacement of wastebags Within 48 hrs Moo lan trail path. Weed Abatement (non-turf areas) Hedging to retain and fullness of shrubs. Trim and fertilize landscape planting. lrune trees As needed •As needed Within 24 hrs Trash/Recyclable Bins, Litter &Debris • •1 time per week Graffiti. Vandalism, Signs, PetWaste Station • •Within 48 hrs Within 48 hrs As needed. Landscaping & Mowing 7 times per yearAs needed As needed As needed As needed • Pest Control •Inspect and Control flies, ants, bees, spiders, & other insects in landscaping and treatment areas,As needed Electrical & Irrigation e 1„sP,ct, ,epai,, se,„ic,, „ „pI„, c,nt„lle,s, Pl,s, I As neededipers, valves, etc.. . Emergency Repair • All DUbliC safety concerns & hazard removal Within 24 hours