PRE-ANNEXATION DEVELOPMENT AGREEMENT This Pre-Annexation Development Agreement (this "Agreement") is executed between (the "Owner") and the City of, Texas (the "City"), each a "Party" and collectively the "Parties," to be effective, 20 (the "Effective Date"). ARTICLE I RECITALS WHEREAS, the Property is owned by the Owner; and WHEREAS, the Property is located wholly within the extraterritorial jurisdiction ("ETJ") of the City adjacent to the City's corporate limits; and WHEREAS, Section 212.172(b) of the Texas Local Government Code authorizes the governing body of a municipality to make a written contract with an owner of land that is located in the municipality's ETJ to, among other things, (1) extend the municipality's planning authority over the land by providing for a development plan to be prepared by the landowner and approved by the municipality under which certain general uses and development of the land are authorized; (2) authorize enforcement by the municipality of land use and development regulations other than those that apply within the municipality's boundaries, as may be agreed to by the landowner and the municipality; (3) provide for the annexation of the land as a whole or in parts and to provide for the terms of annexation, if annexation is agreed to by the parties; (4) specify the uses and development of the land before and after annexation, if annexation is agreed to by the parties; and (5) include other lawful terms and considerations the parties consider appropriate; and WHEREAS, pursuant to the authority of Section 212.172(b) of the Texas Local Government Code, the Parties intend for the Property to be annexed and developed within the City's corporate limits in accordance with this Agreement; and WHEREAS, this Agreement is a development agreement as provided for by Section 212.172 of the Texas Local Government Code. NOW THEREFORE, for and in consideration of the mutual covenants of the Parties set forth in this Agreement, and for other good and valuable consideration the receipt and adequacy of which are acknowledged and agreed by the Parties, the Parties agree as follows: ARTICLE II APPLICABLE REGULATIONS 2.1 Applicable Regulations. The following land uses are permitted by right on the Property:. No other land uses are permitted on the Property unless authorized by the zoning regulations applicable to the Property following annexation. The permitted land uses may be developed in accordance with the zoning regulations applicable to property located in the City's zoning district. 1
2.2 City Ordinances. Upon annexation, development and use of the Property shall comply with all applicable City ordinances. In the event of a conflict between Section 2.1 of this Agreement and the future zoning of the Property or any City ordinance, Section 2.1 of this Agreement shall control. ARTICLE III ADDITIONAL PROVISIONS 3.1 Term. The term of this Agreement shall be years after the Effective Date, and shall not be affected by annexation of the Property. 3.2 Annexation. The Owner consents to the City's full purpose annexation of the Property in accordance with the petition attached hereto as Exhibit D. The City agrees to complete annexation of the Property within 60 days after the Effective Date of this Agreement. 3.3 Assignment. Owner has the right (from time to time without the consent of the City, but upon written notice to the City) to assign this Agreement to any person or entity (an "Assignee") that is or will become an owner of the Property. Each assignment shall be in writing executed by Owner and the Assignee and shall obligate the Assignee to be bound by this Agreement. A copy of each assignment shall be provided to the City within 15 days after execution. From and after such assignment, the City agrees to look solely to the Assignee for the performance of all obligations assigned to the Assignee and agrees that the Owner shall be released from subsequently performing the assigned obligations and from any liability that results from the Assignee s failure to perform the assigned obligations. Upon assignment, an Assignee shall be considered the "Owner" and a "Party" for the purposes of this Agreement. 3.4 Binding Obligations. This Agreement and all amendments hereto and assignments hereof shall be recorded in the deed records of County. This Agreement, when recorded, shall be binding upon the Parties and their successors and assigns permitted by this Agreement and upon the Property. 3.5 Recitals. The recitals contained in this Agreement are true and correct as of the Effective Date, form the basis upon which the Parties negotiated and entered into this Agreement, and reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 3.6 No Waiver of Rights. The Owner does not, by entering into this Agreement, waive any rights the Owner has under state or federal law with respect to the development and use of the Property. 3.7 Interpretation. The Parties acknowledge that each of them has been actively involved in negotiating this Agreement. Accordingly, the rule of construction that any 2
ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. 3.8 Entire Agreement; Severability. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, whether oral or written, covering the subject matter of this Agreement. This Agreement shall not be modified or amended except in writing signed by the Parties. 3.9 Applicable Law; Venue. This Agreement is entered into under and pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in County. Venue for any action to enforce or construe this Agreement shall be in County. 3.10 Non-Waiver. No provision of this Agreement may be waived except in writing signed by the Party waiving such provision. 3.11 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. 3.12 Exhibits. The following Exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A Exhibit B Metes and Bounds Description and Depiction of the Property Form of Annexation Petition Executed by Owner and the City to be effective on the Effective Date. 3
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EXHIBIT A METES AND BOUNDS DESCRIPTION AND DEPICTION OF THE PROPERTY Exhibit A to the Pre-Annexation Agreement Page 1
STATE OF TEXAS COUNTY OF CITY OF EXHIBIT B ANNEXATION PETITION PETITION FOR ANNEXATION TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF, TEXAS, COUNTY, TEXAS: The undersigned owner of the approximately -acre tract of land more fully described in Exhibit A of this Pre-Annexation Agreement (the "Property") hereby requests that the City annex the Property into the corporate limits for full purposes. EXECUTED this day of,. By: Name: Title: ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of, by, of, on behalf of said. Notary Public, State of Texas Exhibit B to the Pre-Annexation Agreement - Page 3
Exhibit A to Annexation Petition Metes and Bounds Description of the Property to be Annexed Exhibit B to the Pre-Annexation Agreement - Page 3