2003-365FILE REFERENCE FORM 2003-365
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Amended to A reement - Ordinance No. 2004-138 OS/04/04 JR
ORDINANCE NO.a�� � — 3(p�—
AN ORDINANCE OF THE CTTY OF DENTON, TEXAS GRANTING AN EXACTION
VARIANCE TO THE PARK DEDICATION AND DEVELOPMENT FEES REQUIItEMENTS
FOR NEIGHBORHOOD PARKS FOR ROBSON RANCH, PD-173, BEING A RESIDENTIAL
DEVELOPMENT CONSISTING OF APPROXIMATELY 2,725 ACRES OF LAND
GENERALLY LOCATED BETWEEN I-35W AND FLORENCE ROAD AND BETWEEN
ROBSON RANCH ROAD AND LIVELY ROAD IN THE CITY OF DENTON, TEXAS;
APPROVING A RECREATIONAL PROGRAM AGREEMENT; AND PROVIDING AN
EFFECTNE DATE.
WHEREAS, the developer of Robson Ranch, PD-173, being a residential development
consisting of approximately 2,725 acres of land generally located between I-35W and Florence
Road and between Robson Ranch Road and Lively Road in the City of Denton, Texas ("Robson
Ranch") has requested a variance to the pazk dedication and pazk development fee regulations
contained in Article III of Chapter 22 of the Denton Code of Ordinances (the "Pazk Ordinance");
and
WHEREAS, on September 24, 2003 the Planning and Zoning Commission recommended
approval of the variance request; and
WHEREAS, the City Council finds that the park dedication and pazk fee exactions
contained in the Park Ordinance are not roughly proportional to the benefits received and the
burdens imposed by Robson Ranch on the City's neighborhood pazk system due to the fact that
Robson Ranch contains substantial private recreational facilities and the development contains
retirement age residents and fewer children per residential unit; and
WHEREAS, the City Council finds that granting of the variance is equitable, results in a
roughly proportional subdivision exaction, and is in the public interest; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The following variance to the Park Ordinance is hereby granted:
a. The formula for the calculation of the amount of pazk dedication to the City shall
be based on a rate of 1.8 people per single family or multi-family unit.
b. The cash park development fee to be charged at building permit shall be $145.50
per single family unit and $117.54 per multi-family unit.
c. In addition to the cash pazk development fee a credit will be established in favor
of the City at building perxnit based on $145.50 per single family unit and $69.46
per multi-family unit for use under a Recreational Program, to provide the City
S:\Our pocuments\Ordinances\03�Robson Park Variance Ordinance.doc
with recreational services in kind pursuant to an agreement between the City and
Robson Ranch in substantially the same form as the agreement attached hereto
and made a part hereof by reference (the "Recreational Program AgreemenY').
SECTION 3. The City Manager, or his designee, is authorized to execute the
Recreational Program Agreement on behalf of the City, exercise the rights and duties of the City
under the agreement and to make modiFications to the agreement related to the type of
recreational activities to be provided in kind and the associated programs so long as such
modifications aze in keeping with the spirit and intent of the agreement to provide recreational
activities for the citizens of Denton.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the'Ty"" day of (fi ', 2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
_ ,
BY:
AP OVED AS TO LEGAL FORM:
HE.
�
Page 2
c���cti.�Gn-f� ��� d� �"---
EULINE BROCK, MAYOR
�
RECREATION PROGRAM AGREEMENT
THIS AGREEMENT is made by and between Robson Denton Development, LP, an
Arizona limited partnership (the "Property Owner") and the City of Denton, Texas, a home rule
municipality, located in Denton County, Texas, (the "City"), as of the effective date, upon the
terms and conditions set forth herein.
WHEREAS, the Property Owner is the owner and developer of the Robson Ranch
Development, being PD-173, a residential development located in the City of Denton, Denton
County, Texas consisting of approximately 2,725 acres of land ("Robson Ranch"); and
WHEREAS, the Property Owner is the owner of private recreational land and facilities
consisting of a golf course and other recreational facilities on land within Robson Ranch which is
more particularly described as Amended Final Plat of Robson Ranch Clubhouse A, Lot 1, Block
A, an addition to the City of Denton, Texas, according to the plat thereof recorded in cabinet U,
pages 435 thru 437 of the Plat Records of Denton County, Texas, the Final Plat of Robson Ranch
Golf Course A, Phase 1, an addition to the City of Denton, Texas according to the plat thereof
recorded in cabinet T, pages 231 thru 239 of the Plat Records of Denton County, Texas, Replat
of Lot 2R, Block A of Robson Ranch Golf Course A, Phase 1, according to the plat thereof
recorded in cabinet U, pages 444 and 445 of the Plat Records of Denton County, Texas, and
Final Plat of Robson Ranch Golf Course B, Phase 1, an addition to the City of Denton, Texas
according to the plat thereof recorded in cabinet U, pages 338 thru 345 of the Plat Records of
Denton County, Texas (the "Property") and which is depicted in Exhibit "A" attached hereto
and made a part hereof by reference; and
WHEREAS, the City's neighborhood pazk dedication and development fee regulations,
being Article III, Chapter 22 of the Code of Ordinances of the City of Denton (the "Park
Ordinance") require, among other things, the dedication of pazk land or fees in lieu thereof and
payment of park development fees proportional to the number and type of dwelling units
proposed for residential subdivisions to provide neighborhood park needs; and
WHEREAS, the Property Owner pursuant to Ordinance No. ,� (1 p.7, - 3(o� (the
"Variance Ordinance") has received a partial variance of the Pazk Ordinance from the City due
to the fact that Robson Ranch contains substantial private recreational facilities and the
development contains retirement age residents and fewer children per residential unit; and
WHEREAS, one of the conditions of the partial variance is that a credit will be
established in favor of the City at building permit based on $145.50 per single family unit and
$69.46 per multi-family unit for use under a Recreational Program, to provide the City with
recreational services in kind; and
WHEREAS, the City and the Property Owner have entered into this agreement to set
forth the terms and conditions under which the Recreational Program will be operated; and
NOW THEREFORE, in consideration of $10 and other good and valuable consideration,
including the mutual covenants contained herein and the benefits received by the Property
Owner resulting from the partial variance, the parties agree as follows:
1. The term of this agreement will commence on November 5, 2003 and expire on
November 4, 2023. If however the City has not redeemed all service credits provided for in this
agreement by such date, the City shall have the option to extend this agreement for an additional
five yeaz period.
2. For each building permit issued on Robson Ranch the City will be given, in addition to
the cash payments required by the Variance Ordinance, a credit in the amount of $145.50 for
each single family unit and $69.46 for each multi-family unit. These credits will be used by the
City in furtherance of the Recreation Program as provided herein. The total amount of credits
owed by the Property Owner will be based on the actual number of building perrnits issued from
October 1 through September 30 of each yeaz. The amount of annual credits should average
approximately $41,000 per year (the "Annual Average") based on the total build-out over a 20
yeaz period (5,619 units at build-out x$145.50 per unit =$817,564.50 = 20 yeazs =$40,878.23
average annual Program credits). Any variance in achieving this figure, regardless of whether it
is to the City's or Property Owner's benefit will be rolled over from year to yeaz. Credits may be
banked to either party's credit for multiple yeazs. Should the building pernut activity at Robson
Ranch not generate enough credits to meet the Annual Average in any given yeaz, the City may
elect to receive advanced credits toward future building permit activity for subsequent yeazs, if in
the opinion of the City it is necessary in order to maintain the continuity of the Recreation
Program.
3. In calculating the value of the services in kind, and the applicable credit, the value will be
determined based on the Property Owner's then published public rates on its annual rate sheet.
The Property Owner shall notify the City in writing of the public rates on its annual rate sheet
within 30 days of it being published. If the Property Owner fails to publish the annual rate sheet
or discontinues recreational services to the public then the value of the services in kind will be
determined based on the rates chazged members for guests using the recreational facilities or if
guests are not charged then the parties shall mutually agree on the value of the recreational
services.
4. The types of activities for the Recreation Program shall be established from time to time
between the City and the Property Owner, with the initial Recreation Program consisting of at
the least the following activities:
A. The City will have access to the Robson Ranch golf courses and other recreational
facilities to offer annual recreational programs. Each year the City's Director of
the Parks and Recreation Department (the "Director") and a representative of the
Property Owner (the "Owner's Representative") will agree on an annual program
offering. The City must be allowed to offer programs that will generate revenue
at levels established in Section 2 above, up to the Annual Average. These
programs may include, but aze not limited to: weekly golf scrambles,
tournaments, special event days, golf vouchers, and discounts to Denton residents.
The City may provide services to all age groups, with a primary focus on adults.
The D'uector may establish pricing for all services offered by the City. The
annual program will be finalized by July 151 and will be effective on October 151 of
each yeaz. However, the first year's annual program will be as follows:
For 2003-04 the Annual Program is:
PAGE 2
(1.) Weekly 9-hole golf scrambles — held every Tuesday afternoon and
commencing no eazlier than S:OOpm for 21 consecutive weeks effective the
first week after the commencement of day light savings time each yeaz.
Credit will include the cost of the green fee only. Golf cart fees will be
collected by Robson Ranch. Day of activity may be rescheduled if put in
writing and mutually agreeable by both parties.
(2.) Tournament Play — three dates will be provided each year for 18-hole
toumament play, to be held on Monday-Thursday. One date must be
provided for each of the following months: March, June, and September.
Credit will include the cost of the green fee only. Golf cart fees will be
collected by Robson Ranch.
(3.) Special Event Dates — three dates will be provided each year for Golf
Special Event Programs Type of event could include, but not be limited
to a junior golf event, corporate event, or community event. Dates and
times will be established on an as needed basis by mutual agreement of
City and Property Owner.
Note: Day of any scheduled activity may be rescheduled if put in writing and
mutually agreed upon by both parties. An alternative date must be provided to
allow for programs to be rescheduled in the event of cancellation due to inclement
weather within 7 days.
B. Robson Ranch golf staff will do pairings for all weekly golf scrambles,
tournaments, or other golf special events offered by City of Denton.
C. If Robson Ranch reaches its capacity the Property Owner has the right to close to
the general public. However, it must still honor the terms of tlus agreement and
allow the City to continue to administer the Recreation Program, or if unable to
do so, the Property Owner must then pay the cash equivalent of each credit not
used no later than 60 days after receiving written notice from the City. Thereafter
park development fees owed under the Pazk Ordinance shall be collected at
building permit at the Park Ordinance rate as if the Variance Ordinance was not
granted.
D. The Property Owner will issue vouchers for rounds of golf to the City for no less
than 10% and no more than 20% of the annual credit owed based on the Annual
Average. Vouchers will count towazds credit upon issuance. All vouchers will be
distributed by the City. The City will receive vouchers valued at 10% of the
annual credit owed by March ls` of each yeaz in order to begin voucher
distribution. The City may request up to an additional 10% during the remainder
of the annual effective dates in order to achieve the annual credit redemprion goal.
Vouchers may be redeemed for rounds oF golf and do not include cart fees.
E. If the City determines that the offering of programs for the Recreation Program
will not reach the average annual credit amount, the City has the option of
PAGE 3
distributing $10 discount coupons for rounds of golf for Denton residents not to
exceed 50% of the annual credit amount based on the Annual Average. Coupons
will only apply to published public rates on its annual rate sheet.
F. Even though the initial Recrearion Program includes only golf activities
subsequent Recreation Programs may include such recreational activities as
tennis, swimming and use of the gymnasiwn.
5. Prior to the adoption of the Variance Ordinance and this agreement the Property Owner
had paid at times to the City the full park development fee amounts per building permit required
by the Park Ordinance and at times only one half of the required fee. Within 30 days after the
Effective Date of this agreement the City will deliver to the Property owner a statement showing
the amount of refund due the Property Owner and the total beginning credit for the City under
this agreement as of the Effective Date. The City will then refund to the Property Owner one
half of those fees that were collected at the full rate (the "Refund AmounY'). The City's
beginning credit will be equal to the refund amount plus the one half of the required rate not
previously collected by the City for building permits where the City only collected one half of
the required rate (the "Beginning CrediY').
6. The City will maintain records of single family and multi-family building permits and the
corresponding collection of the reduced cash pazk development fees and the amount of
Recreation Program credits per building pernut. Monthly records will also be kept by the City
showing the value of the Recreation Program credits redeemed by the City. The City will
provide the Property Owner with an annual accounting of credits and services used, no later than
90 days after the end of the City's fiscal year.
7. Under the Park Ordinance the Property Owner has been making payments to the City in
lieu of pazk land dedication and will be allowed to continue to make such payments (the "Pazk
Dedication DeposiY'). Likewise, under the Variance Ordinance the City will continue to collect
a cash portion of the park development fees per single family and multi-family units (the "Park
Development Fees"). The Variance Ordinance establishes that the amount of pazk dedication
shall be based on a rate of 1.8 people per single family and multi-family unit. Based on the
developmenYs population characteristics, the amount of private recreational facilities provided,
the Pazk Ordinance and the Variance Ordinance, the amount of pazk land to be dedicated to the
City is 16.875 acres. The Property Owner shall dedicate the 16.875 acres of park land to the City
free and clear of all liens and encumbrances no later than May 4, 2004 at a location acceptable to
the City. The dedication of land must adhere to the guidelines set forth in the Pazk Dedication
Ordinance (98-039). The ordinance states that the land must be "reasonably adaptable for use for
park and recreation purposes, taking into consideration such factors as size, shape, topography,
geology, access and location." "Prior to the dedication of land, the Developer/Owner shall make
full disclosure of the presence of any hazardous substances and/or underground storage tanks
(U.S.T.'s) of which the Developer/Owner has knowledge. The City, at its discretion, may
proceed to conduct such initial environmental tests and surveys on the land, as it may deem
appropriate, and the Developer/Owner shall grant to the City and its agents and employees such
reasonable access to the land as is necessary to conduct such surveys and tests. If the results of
such surveys and tests indicate a reasonable possibility of environmental contamination or the
presence of U.S.T.s, the City may require further survey and tests to be performed at the
Developer/Owner's expense as the City may deem necessary prior to its acceptance of the
PAGE 4
dedication, or in the alternative, the Developer/Owner may be required to identify alternative
property or pay the fees in lieu of such park land dedication. The pazk site shall be free of trash
and debris and if the dedicated park land's natural condition is disturbed during construction of
subdivision improvements then Developer/Owner shall be responsible for returning the dedicated
land to its natural condition prior to or at the time of final plat filing and the public nnprovements
to be constructed per the applicable subdivision plat will not be accepted by the City until such
time that the above conditions have been met." The land to be dedicated will be located on
property currently owned by Robson Ranch that is located north of Lively Road. Any additional
dedication of land over and above 16.875 acres will not be given credit against pazk dedication
or park development fee requirements. If the park land dedication is made by that date the City
will refund the Pazk Dedication Deposit to the Property Owner and use the Park Development
Fees to develop the park site. Notwithstanding anything contained in the Park Ordinance to the
contrary, the City will have at least 10 years from the date of dedication of the park to expend
those Park Development Fees received as of the date of the dedication. The City will continue to
collect the cash portions of the Pazk Development Fees and be given credits under this agreement
for services in kind under the Variance Ordinance as new building permits aze issued. If the park
land dedication is not made by that date the provisions of Section 22-40 (c) requiring expenditure
of pazk fees within 10 yeazs, will be considered waived by the Property Owner. In such event the
City will be entitled to use all park dedication fees and park development fees paid for single
family and multi-family units in Robson Ranch for acquisition and/or development of pazk and
recreation facilities within a 1 mile radius of Robson Ranch.
8. The Property Owner hereby declares that all of the Property shall be held, sold and
conveyed subject to the covenants contained within this agreement which are restrictive
covenants touching and running with the Property and shall be binding on all parties
having any right, title or interest in the Property or any part thereof, either now or in the
Future, and their successors and assigns, and shall inure to the benefit of the Property
Owner, the City, and their successors and assigns. The City and Property Owner have
simultaneously entered into a Memorandum of Agreement and Restrictive Covenants (the
"Memorandum of Agreement") in substantially the same form as the Memorandum of
Agreement attached hereto and made a part hereof by reference as Exhibit "B" which shall
be recorded in the Real Property Records of Denton County, Texas.
9. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested, addres-
sed to the City or the Property Owner, as the case may be, at the address set forth beneath the
signature of the party.
10. This Agreement shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are fully performable in Denton
County, Texas. Exclusive venue for any lawsuit enforcing or interpreting any of the rights and
obligations under this agreement shall be a court of competent jurisdiction in Denton County,
Texas.
11. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Agreement.
PAGE 5
12. 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, said invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Agreement shall be
construed as if the invalid, illegal, or unenforceable provision had never been contained herein.
13. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties respecting the within
subject matter.
14. Time is of the essence in this Agreement.
15. Words of any gender used in this Agreement shall be held and conshued to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
16. The recitals in the preamble of this agreement are substantive and aze incorporated into
the body of this agreement by reference.
EFFECTNE as of the � day of _!IZ/,(�%�YL¢1YJ , 2003 (the `Bffective
Date").
THE CTTY OF DENTON, TEXAS
By: ��U "U�"`ti�' " � 4/1��
Michael A. Conduff, City Manager
215 E. McKinney
Denton, Texas 76 Ol
ATTEST: ��V� C�V1 �-V���-�
JENNIFER WALTERS, CITY SECRETARY J �
. c � �� � ��
BY:
APPRO ED AS TO LEGAL FORM:
HERBERT . Y, ITY ATTORNEY
BY:
17Ce1�[.�i
ROBSON DENTON DEVELOPMENT, LP,
an Arizona limited partnership
By: DENTON PROPERTY MANAGEMENT
COMPANY, an Arizona corporation
its general partner
By:
Jim Pot s
9532 East Riggs Road
Sun Lakes, Arizona 85248
PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this � day of
�.���� , 2003 by ' , City Manager, of the City of Denton, a
municipal corporation. ����+tf ��N a�l��,'n�
,ot�w�?'n';�,, 1ENNiFER K. WALTERS
3`+' Notary Public. State of Tezas
= i�],; My Commission Expires
�'7;�eo;tE;o'` December 19, 2006
STATE OF ���47rjQ� §
§
§
COUNTY OF YiC.��§
� , ) l
N ary Pu aic in and for
State of Texas
t�n�T'his instrument was acknowledged before me on this ��' day of
/,�pijQ,t� , 2003 by Jim Poulos, Vice President of Denton Property Management
Company, an Arizona corporation, general partner of Robson Development, LP, an Arizona
Limited Partnership, as the act and deed of said limited partnership.
OFFlC� A�
SHEILA eRACKEN
NOTAR'1 PUBUC � SiAiE a� AA�=ONA
` '�); �mNFicovncouNtv
�� My Camm;ExryVi�es Ju�i aY 1.2004
PAGE 8
��¢.1.� �C�('�t,�
Notazy Public in and for
State of �
EXHIBIT B
MEMORANDUM OF AGREEMENT
RESTRICTIVE COVENANTS
STATE OF TEXAS }
} KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON }
THIS Memorandum of Agreement and Restrictive Covenants ("Restrictive Covenants")
aze made and entered into as of the Sth day of November, 2003, by and between the City of
Denton, Texas (the "Cit}�') and Robson Denton Development, LP, an Arizona limited partnership
(the "Property Owner").
WHEREAS, the Property Owner is the developer OF the Robson Ranch Development,
being PD-173, a residential development located in the City of Denton, Denton County, Texas
consisting of approximately 2,725 acres of land ("Robson Ranch"); and
WHEREAS, As a part of Robson Ranch the Properiy owner has constructed and
maintains certain private recreational facilities on certain real property within Robson Ranch
which is more particulazly described as Amended Final Plat of Robson Ranch Clubhouse A, Lot
1, Block A, an addition to the City of Denton, Texas, according to the plat thereof recorded in
cabinet U, pages 435 thru 437 of the Plat Records of Denton County, Texas, the Final Plat of
Robson Ranch Golf Course A, Phase 1, an addition to the City of Denton, Texas according to the
plat thereof recorded in cabinet T, pages 231 thru 239 of the Plat Records of Denton County,
Texas, Replat of I.ot 2R, Block A of Robson Ranch Golf Course A, Phase 1, according to the
plat thereoF recorded in cabinet U, pages 444 and 445 of the Plat Records of Denton County,
Texas, and Final Plat of Robson Ranch Golf Course B, Phase 1, an addition to the City of
Denton, Texas according to the plat thereof recorded in cabinet U, pages 338 thru 345 of the Plat
Records of Denton County, Texas (the "Propert}�') and which is depicted in Exhibit "A"
attached hereto and made a part hereof by reference; and
WHEREAS, On November 5, 2003 the City and Property Owner entered into that certain
Recreation Program Agreement providing among other things, for the City's use of the Property
for City recreation programs (the "AgreemenY'); and
WHEREAS, a true and correct original of the Agreement is on file in the Office of the
City Secretary, Denton City Hall, 215 E. McKinney, Denton, Texas 76201, which Agreement is
incorporated herein by reference; and
WHEREAS, the City and Property Owner have entered into the Restrictive Covenants to
put all third parties and subsequent owners of the Property on notice of the restrictive covenants
contained in the Agreement which aze binding on the Property and all owners thereof.
NOW THEREFORE, in consideration of the covenants contained in the Agreement, the
City and Property Owner agree as follows:
1. Section 7 of the Agreement provides as follows:
"The Property Owner hereby declares that all of the Property shall be held,
sold and conveyed subject to the covenants contained within this agreement
which are restricrive covenants touching and running with the Property and
shall be binding on all parties having any right, title or interest in the
Property or any part thereof, either now or in the future, and their
successors and assigns, and shall inure to the benefit of the Property Owner,
the City, and their successors and assigns. The City and Property Owner
have simultaneously entered into a Memorandum of Agreement and
Restrictive Covenants (the "Memorandum of AgreemenY') in substantially
the same form as the Memorandum of Agreement attached hereto and made
a part hereof by reference as Exhibit "B" which shall be recorded in the Real
Property Records of Denton County, Texas."
2. Any person who sells or conveys any portion of the Property shall prior to such
sale or conveyance give sepazate written notice of the Agreement and these Restrictive
Covenants to the prospective purchaser or grantee, along with a sepazate notice to the City
including a copy of such written notice. Notice to the City shall be addressed as follows:
City Manager
City Hall
City of Denton
215 E. McKinney
Denton, Texas 76201
3. These Restrictive Covenants aze to run with the land described herein as the
Property and shall be binding on all parties and all persons claiming under them, and any future
owners of the Property for a period of twenty-five years from the date hereof.
4 These Restrictive Covenants and the Agreement may be enforced by the Property
Owner and the City, and their successors, heirs or assigns by any proceeding at law or in equity.
Failure by the Property Owner or the City to enforce any covenant shall in no event be deemed a
waiver of the right to do so thereafter.
5. Invalidation of any of the covenants or provisions contained in this instrument or
the Agreement by judgment or court order shall not in any manner affect any of the other
covenants or provisions herein set forth and all such remaining provisions shall remain in full
force and effect.
6 No subsequent change in the law shall in anyway affect the validity or
enforceability of these Reshictive Covenants and the Agreement.
7. If there aze any existing liens against the Properiy, the Property Owner shall obtain
from such lien holders written subordination agreements subordinating such liens to these
Page 2
C:�Documents and Set6ngs\thoffmanUacal SetHngs\Temp�Exhibit B-Restrictive Covenanls.DOC
Restrictive Covenants and the Agreement and the rights of the City hereunder. Such
subordination agreements shall be in recordable form and shall be submitted to the City within
30 days of the Effective Date of the Agreement.
The parties hereto have executed these Restrictive Covenants to be effective as of the date
first above written (the "Effective Date").
ATTEST:
CITY OF DENTON, TEXAS
BY: V �
Michael A. Conduff
City Manager
����
JENNIFER WALTERS, CITY SECRETARY
BY\i��
APPROVED AS TO FORM:
HERB<��/ UT , Y ATTORNEY
BY: v�
�� ������
ll Ds n3
ROBSON DENTON DEVELOPMENT, LP,
an Arizona limited partnership
By: DENTON PROPERTY MANAGEMENT
COMPANY, an Arizona corporation
its general partner
By: /
Jim P los
Vice President
9532 East Riggs Road
Sun Lakes, Arizona 85248
Page 3
C:\Documents and Settings\thoffman�Local Settings\Temp�Ezhibit B-Restric[ive Covenan[s.DOC
STATE OF TEXAS
COUNTY OF DENTON §
T's mstrument is acknowledged before me, on tlus �v day of
,9.t1.Qm1h��, 2003 by ' f, City Manager, of the City of Denton, a
municipal corporadon. �i�7��c�/l.i(.iY�n �C'.�-t,y1�,
' J
,,��w+.�,�,, JENNIFER K. WALTERS � � �
: Notary Public, State of Texas
= � ` My Commission Expires
�"�;+�Fa;i;;o` Decembe� 79, 2006 N t y Pub c in and for
St e of Texas
STATE OF � §
§
§
COUNTY OF ���C��
his instrument was acknowledged before me on this �»'E'�—day of
, 2003 by Jim Poulos, Vice President of Denton Property Management
Company, an Arizona corporation, general partner of Robson Development, LP, an Arizona
Limited Partnership, as the act and deed of said limited partnership.
OFFICIAL SEAL ____ IC���W _
SHEILA BRACKEN
,. NOiqR�'-OdLiC STAiEOFAFR�NA NOt Pul�lic in and for
MPqICOPACOUNTY a'TY �
ai My Comm_ E_pirP. July t.., 2004 $tate Of �
Page 4
C:�Documents and Settings\[hofhnan�Local Settings\Temp\Exhibit B-ResMctive Covenants.DOC