2008-277sAour documents\ordinances\08\garcia da approval ordinance.doc
ORDINANCE NO. X008 'J'7
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN TOMASA
GARCIA AND THE CITY OF DENTON, TEXAS, ON APPROXIMATELY 2.587 ACRES OF
LAND LEGALLY DESCRIBED AS LOT 1, BLOCK A OF THE GARCIA ADDITION, IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Development Agreement attached hereto and made a part hereof by
reference (the "Agreement") is hereby approved. The City Manager or his designee is hereby
authorized to execute the Agreement on behalf of the City and to carry out the City's rights and
duties therein, including the expenditure of funds provided therein.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
j~`t~"!Z
PASSED AND APPROVED this the day of 2008.
QM : B OUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: %
APPRO ED AS LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
B
THE STATE OF TEXAS §
COUNTY OF DENTON §
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRUCE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER
DEVELOPMENT AGREEMENT
FOR TOMASA GARCTA DEVELOPMENT
This Development Agreement ("Agreement") is entered into by and between the CITY
OF DENTON, a Texas municipal corporation in Denton County, Texas (hereinafter called the
"City"), and Tomasa Garcia (hereinafter called "Developer").
WITNESSETH:
WHEREAS, Developer owns 2.587 Acres of property, more or less, legally described as
Lot 1 Block A of the Garcia Addition (such property being described herein as the "Property");
and
WHEREAS, Developer wishes to develop the Property as a single lot, for the purposes of
office use, as shown on the attached Exhibit 1 (the "Development"), and as further defined by the
uses listed on the attached Exhibit 2; and
WHEREAS, City's Planning and Zoning Commission has already granted a variance,
allowing installation of five foot wide perimeter sidewalks on Collins Street, in lieu of the eight
foot perimeter sidewalks ordinarily required, in this particular Development; and
WHEREAS, with regard to other exactions for required perimeter street improvements,
the City Engineer has determined that the proportion attributable to this particular Development
is 95.82%; and
WHEREAS, Developer disagrees with this apportionment, but City has not yet adopted
procedures for challenging such an apportionment, and Developer and City agree to defer this
exaction until such time as the Property is subdivided into two or more lots or expanded as noted
herein;
NOW THEREFORE, in consideration of the mutual covenants and obligations herein,
the parties agree as follows:
SECTION 1. DEVELOPMENT AGREEMENT
Developer and the City agree to defer assessment of perimeter pavement exactions on
Collins and Locust Streets until such time that the Property is either subdivided into two or more
Tomasa Garcia Development Agreement Page 1
lots, or the floor areas of the existing building and the proposed office building depicted in
Exhibit 1 are expanded by 1,726 square feet or more, in the aggregate. This Agreement shall not
prohibit City from imposing these deferred exactions, or additional development exactions in the
future, if associated with a different use, development project, requested permit for development,
or if different from the Development described in the Recitals. Neither this Agreement nor the
estimated costs, impacts or apportionments of the currently proposed Development shall act to
offset or limit the scope or availability of any such future exactions in any manner, whatsoever.
SECTION 2. VENUE AND GOVERNING LAW
THIS AGREEMENT SHALL BE INTERPRETED AND THE RIGHTS OF THE
PARTIES DETERMINED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES
APPLICABLE THERETO AND THE LAWS OF THE STATE OF TEXAS APPLICABLE TO
AN AGREEMENT EXECUTED, DELEIVERED AND PERFORMED IN THE STATE OF
TEXAS. 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 court decisions of the State of
Texas.
SECTION 3. LEGAL CONSTRUCTION
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 4. EXIMITS
The terms and provisions of the exhibits and attachments are incorporated into this
Agreement as if fully set forth herein:
SECTION 5. 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 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.
EXECUTED this day of 2008.
Tomasa Garcia Development Agreement Page 2
CITY OF DENTON
George C. Campbell
City Manager
By.
City Manager
TOMASA GARCIA
DeveloZm'amsa r
By: ,
Garcia
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF DENTON
The f regoing Development Agreement was executed before me on the day of
2008 by George C. Campbell, City Manager of the City of Denton,
Texas, a Texas municipal corporation, on behalf o d municipal corpora 'on.
,oo,%, 9. JENNIFER K. WAITERS
Notary Public, State of Texas
My Commission Expires e'
December 19,
201 0 is in and for the
State of Texas
STATE OF TEXAS
COUNTY OF DENTON
n The foregoing Development Agreement was executed before me on the S4day of
1 V 0' hrl _ 2008 by Tomasa Garcia
CHRISTINE A. DICK
Notary Public
l state of texas
Comm. Fem. 3-2-2009
0 6,4, P-. N-,
Name:
Notary Public in and for the
State of Texas
Tomasa Garcia Development Agreement
Page 3
APPROVED AS TO FORM:
ANI TA BURGESS
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EXHIBIT 1
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EXHIBIT 2
Uses Allowed Pursuant to this Agreement
Office & Personnel Service Use including but not limited to:
■ Document Preparation Office
• Income Talc Preparation Offices
■ La Cronica Latina Offices
■ Classroom for adult language instructional programs
• Classroom and/or computer lab
• Conference / Meeting Room(s)
■ Break Room
■ Kitchen (may or may not be in break room)
■ Snack room for on-site clients, patrons, customers and/or staff only. (Note, there
will be no advertising on the building related to "snacks" being available in the
building. The purchase of snacks by the `general public" shall not be allowed.
• Storage Areas
■ Waiting Rooms
Tomasa Garcia Development Agreement Page 5