2005-179
8:\Our Documcnts\Ordinances\O5\Nicosia-Northpointe Ordinance,doc
ORDINANCE NO.oUtl!}-¡19
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
ENTER INTO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DENTON AND
NICOSIA & 77, loP. FOR THE DEDICATION OF PARKLAND, THE REFUND OF PARKLAND
DEDICATION FEES PAID IN LIEU OF LAND DEDICATION AT THE NORTH POiNTE
SUBDIVISION AND REIMBURSEMENT OF PARK DEVELOPMENT FEES FOR THE
CONSTRUCTION OF A NEIGHBORHOOD PARK; AUTHORIZING THE EXPENDITURE OF
FUNDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Nicosia & 77, loP" the developer of the North Pointe Addition in northwest
Denton near the UNT Research Park Campus has asked consideration for approval of a plan to
construct the neighborhood park and be reimbursed from fees to be collected from the Park
Development Fee; and
WHEREAS, the City Manager recommends and the City Council deems it in the public
interest that the City enter into the Development Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference
SECTION 2. The City Manager is hereby authorized to execute on behalf of the City, a
Development Agreement in substantially the fonn of the Agreement which is attached hereto and
incorporated by reference herein.
SECTION 3. The City Manager is hereby authorized to expend the funds and to undertake
the obligations as set forth in the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
61: ÇM
PASSED AND APPROVED this the cf{ / - day of LL
C~/~dL
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~"~ \ Dl\ ~ ~H
S:IOur DocumentslOrdinanceslO5lNicosia-Northpointe Ordinance,doc
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
~
BY:
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT Agreement (the "Agreement") entered into between
Nicosia & 77, LP., a Texas Limited Partnership, (the "Developer") and the City of
Denton, Texas, a municipal corporation (the "City") as of the Effective Date as provided
below.
Introductory Provisions
Developer is the owner of and is currently developing a 48.65 acre tract of land
for residential use known as Northpointe Addition, Phase IV, ( the "Project") situated in
the Thomas Toby Survey, Abstract No. 1288, and the B.B.B. & C.R.R. Survey, Abstract
No. 186, in the City of Denton, Denton County, Texas, and being a portion of a called
102,900 acre tract described by Special Warranty Deed with Vendor's Lien granted to
Developer, as recorded in Volume 5144, page 1032, Deed Records, Denton County,
Texas (the "Property"); and
Developer has previously developed tracts of land within the Property known as
Northpointe Addition, Phases I, II, and Ill, which contain 311 residential lots. These
residential lots, together with the additional 159 residential lots being developed within
the Project, will comprise a total of 470 residential lots (the "Lots") in phases I through IV
of the Property; and
Developer will improve a portion of the Project, consisting of [a] Lot 10f Block 6,
and [b] Lot 1 of Block 27 of the Project, as park land for public use, and containing a
children's playground. Lot 10f Block 6, and Lot 1 of Block 27 of the Project are
particular1y described on the diagram attached to this Agreement as Exhibit "A," and
incorporated herein by reference (the "Parks"), In addition, the attached Exhibit "A"
contains a layout of the playground (the "Park Improvements"); and
A final plat of the Project is attached to this Agreement as Exhibit "B" which
Exhibit is incorporated herein by reference; and
Developer intends to dedicate the Parks to the City to satisfy the City's park
dedication requirements for the Project contained in Section 22-37 if the City's Code of
Ordinances; and
Developer and the City enter into this Agreement to confirm their verbal
agreements concerning [a] the Developer's construction of the Park Improvements and
dedication of the Parks to the City, and [b] the City's reimbursement to Developer of the
costs for construction of the Parks improvements.
A. Aareements
Development Agreement
Page 1 of 5
AO22-026-001 b
For good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties agree as follows:
1. Construction and Location of Parks Imcrovements, Developer will construct the
Park Improvements, including [a] grading and dirt work, [b] soil treatments, [c]
installation of City approved playground equipment, benches, and related
equipment, [d] installation of City approved ground coverings for playgrounds,
and Ie] construction of City approved sidewalks and walkways.
The location of the Park Improvements are identified on the attached Exhibit "A".
2. Costs of the Park Imcrovements. An estimate of the costs of the Park
Improvements are contained on the Exhibit "C" attached to this Agreement and
incorporated herein by reference. Prior to commencing construction Developer
shall enter into a City's standard three-way construction contract between the
City, Developer and contractor, and shall provide the standard performance and
payment bonds in the full amount of the construction contract. Prior to entering
into the three-way construction contract the Developer will submit the costs to
construct and install the Park Improvements for approval by the City (the "Park
Improvement Costs"). The City will determine if the costs are reasonable. In
addition, the contractor shall comply with all City indemnification and insurance
requirements.
3. Dedication of the Parks. Upon execution of this Agreement, the Developer will
dedicate the Parks to the City. The City and the Developer will work
cooperatively to process the Developer's dedication of the Parks. The City shall
prepare, execute and record all documents related to the dedication and
conveyance of the Parks at the Developer's sole expense. The dedication of the
Parks will satisfy Developer's total park dedication requirements for the Project in
satisfaction of Section 22-37 of the Code of Ordinances. Any payments in lieu of
park dedication paid to the City for the Project under Section 22-38 of the Code
of Ordinances shall be refunded to Developer.
4. Reimbursement To Develocer. Within 30 days after completion and acceptance
of the Park Improvements the City will refund to developer that portion of the
Costs of the Park Improvements equal to the park development fees already
collected by the City under the Project as provided in Section 22-39 of the Code
of Ordinances, but not to exceed the Costs of the Park Improvements. Should
there be insufficient collected park development fees to cover the Costs of the
Park Improvements, as new park development fees are collected for lots in the
Project, such fees shall be applied to the remaining unpaid portion of the Costs of
the Park Improvements.
5. SubseQuent Park Imcrovements. Should there be park development fees
collected for the Project in excess of the Costs of the Park Improvements and
should Developer desire to construct additional park improvements to the Park
Development Agreement
Page 2 of 5
AO22-026-001b
(the "Additional Park Improvements"), Developer may petition City to amend this
Agreement to permit such Additional Park Improvements. The City in its sole
discretion may permit such Additional Park Improvements. Should the City agree
to such Additional Park Improvements, construction of same shall comply with
the three-way construction contract, bidding, cost approval, bonding, and
insurance requirements set forth in paragraph 2 above. In no event shall
Developer be entitled to reimbursement of any costs of the Park Improvements
or Additional Park Improvements that exceed the amount of the park
development fees collected pursuant to Section 22-39 of the Code of
Ordinances. Any such additional costs will be the sole responsibility of the
Developer.
B. Miscellaneous
1. This Agreement 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 disdaims 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 any
amendments or exhibits thereto.
4, In case anyone 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
had never been contained herein.
5. All notices required to be given under this Agreement shall be given in writing
and shall be effective when actually delivered or when deposited in the United States
mail, first class, postage prepaid, addressed to the party to whom the notice is to be
given at the addresses shown below. Notices may be given via facsimile at the
numbers below. Any party may change its address or fax no. for notices under this
Agreement by giving written notice to the other parties, specifying that the purpose of
Development Agreement
Page 3 of 5
AO22-026-001b
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 and fax no.
To City:
City Manager
City of Denton
City Hall
215 E. McKinney
Denton, Texas 76201
Fax No. 940.349.8596
To Developer:
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. For purposes of the parties' execution of this Agreement, it is expressly
agreed that a facsimile or telecopy of a party's signature hereto shall be valid, binding
and enforceable as the original.
Signed to be effective the 3~ day of June, 2005 (the "Effective Date")
Developer:
:~COSi?!æ 7~nernhiP
Robert S. Beall, president
R S Beall Investments, Inc., - General Partner
:~~
.""'0' A "'mduff ~
City Manager
215 E. McKinney
Denton, Texas 76201
Development Agreement
Page 4 of 5
AO22-026-001b
ATTEST:
JENNIFER WALTERS, City SECRETARY
B'~1Jd ,~~-h-L4J
APPROVED AS TO FORM:
By:
CITY ATTORNEY
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF DENTON
st'
The foregoing Development Agreement was executed before me on the.;7/day
of Jõ. ne. , 2005 by Michael A. Conduff, City Manager of the City of
Denton, Texas, a Texas municipal corporation, on behalf of said municipal corporation.
~ ~ ø oM dÆ 4fU¡J
N me:
JANE E. RICHARDSON
Notary Public. State of Texas
My Commission Expi(es
June 27, 2005
Notary Public in and for the
State ofTexas
STATE OF TEXAS
COUNTY OF DENTON}
. 7~
,ôThe foregoing Development Agreement was executed before me on the~ day
of J"lNG- , 2005 by Robert S. Beall, President of RS Beallnvestments,
Inc. a y~ corporation, and the general partner of Nicosia & 77, L.P., a
Texas limited partnership, on behalf of said limited partnership.
H~~
Name:
Notary Public in and for the
State of Texas
GWENDE RUTH
Notary Public, State of Texas
My Commission Expires
April 08, 2007
Development Agreement
Page 5 of 5
AO22-O26-001 b
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Exhibit C - Estimated Costs
Game Time Equipment
Game Time Impact Surfacing
SunPort Shade Shelter
Installation of Equipment
Earthwork
8 Ft Trail Sidewalk
Engineering
Total Equipment Cost wi Curbing
Less, Curbing
Total Equipment Cost wlo Curbing
Developer's Cost
$28,723,00
$5,203.00
$2,894.00
$13,573.73
$7,000,00
$8,400,00
$1,200.00
$66,993,73
$2,607.00
$64,386.73