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Ordinance No. 13,628ORDINANCE NO. 13,628 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO DEVELOPMENT1AGREEMENTS WITH THE OWNERS OF CERTAIN PROPERTIES WITHIN THF PROPOSED 768.49 -ACRE ANNEXATION: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, h6reby authorizes and directs the City Manager and City Clerk of the City of Baytown to execute and attest to the following Development Agreements with the following property owners within the proposed 768.49 -acre annexation: Copies of said Development Agreements are attached hereto and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediatelyfrom�id after its passage by the City Council of the City of Baytown. 7A INTRODUCED, READ, and PASSED by the affirmative votef the City Council of the City of Baytown, this the 201h day of November, 2017. % DONCARLOS, ATTE T: LETICIA BRYSCH, City tlAk a u+f o �^ o s 02 VO AT APPROVED AS TO FORM: �,t���E�o9Doe4o�e,y' F CPWNACIO RAMIREZ, SR , ty A omey '•+cobfsOl'•legal•.Karen•FilmCityCouncil' ina ces\201T.November20.DevelopmentAgreementOrdinance-76&49Acres.doc A AMA BAY LLC 0401680000163 B DAVID M KADJAR & 0441380000020 BENNIE KADJAR RICHARD E SIEGELMAN C 0460540000040 GERRI LYNN SIEGELMAN D DALTON A. CLANTON & 0441380000041 & MARY H. CLANTON 0441380000061 Copies of said Development Agreements are attached hereto and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediatelyfrom�id after its passage by the City Council of the City of Baytown. 7A INTRODUCED, READ, and PASSED by the affirmative votef the City Council of the City of Baytown, this the 201h day of November, 2017. % DONCARLOS, ATTE T: LETICIA BRYSCH, City tlAk a u+f o �^ o s 02 VO AT APPROVED AS TO FORM: �,t���E�o9Doe4o�e,y' F CPWNACIO RAMIREZ, SR , ty A omey '•+cobfsOl'•legal•.Karen•FilmCityCouncil' ina ces\201T.November20.DevelopmentAgreementOrdinance-76&49Acres.doc Exhibit "A" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER, DEVELOPMENT AGREEMENT Fli"-t:LoistwAM1 COUNTY OF HARRIS This Development Agreement ("Agreement") is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Baytown, Texas, (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. RECITALS WHEREAS, the Owner owns a parcel of real property in Harris County, Texas, which is more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"); and WHEREAS, the Property is located within the extraterritorial jurisdiction of the City and is subject to municipal annexation; and WHEREAS, the Property is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter; and WHEREAS, the City has notified the Owner of its intent to annex the Property and has offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property upon the terms and conditions hereinafter provided; and WHEREAS, pursuant to Section 43.035(b) the City and Owner wish to enter into this Agreement in lieu of the annexation of the: Property by the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term of this Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Continuation of Extraterritorial Status. The Property shall not be annexed and shall remain in the extraterritorial jurisdiction of the City for so long as: Development Agreement, Page I a. the Property is not subdivided and continues to be appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subcliaptcr E of that chapter; b. the Property is not used to store, sell, distribute, possess or offer for sale or distribution any kind or character of explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing; and C. the Property is not used to ignite, detonate, cast, throw, discharge or explode any, firecracker, torpedo, sky rocket, Roman candle or any other similar firework. This provision does not prohibit annexation with the consent of the Owner. 2. Enforcement of Regulations. Pursuant to Section 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all ordinances, regulations and planning authority of the City that do not interfere with the use of the Property for agriculture, wildlife management, or timber use. Such ordinances, regulations and planning authority may be enforced as they now exist or may hereafter be established or amended; and this Agreement shall not be deemed a permit for the purposes of Chapter 245 of the Texas Local Government Code. In addition, the City specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over the Property. 3. Use and Development Restrictions. a. Change in Use. The Owner covenants and agrees that the Owner shall: (1) continue to use the Property solely for agricultural, wildlife management or timber use, until the Property has been annexed into, and zoned by, the City; (2) not store, sell, distribute, possess or offer for sale or distribution any kind or character of explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing on the Property or allow another person to do so; and (3) not ignite, detonate, cast, throw, discharge or explode any, firecracker, torpedo, sky rocket, Roman candle or any other similar firework or allow another person to do so. b. Development. The Owner covenants and agrees that the Owner shall not develop all or any portion of the Property in any manner or construct any structure on the Property, which would require the filing of any type of subdivision plat or other development document if the Property were within the corporate limits of the City, until the Property has been annexed into, and zoned by, the City. Development documents include, but are not limited to, the following: (1) subdivision of the Property as regulated by Chapter 126 of the Code of Ordinances; (2) building permit for any purposes for any use other than agriculture, wildlife management and/or timberland consistent with Chapter 23 of the Texas Tax Code; De%elonment Agreement, Page 2 (3) site plan; and (4) application for zoning. 4. Remedies. The Owner acknowledges that if. a. any plat or related development document is filed in violation of this Agreement; b. the Owner commences construction on or development of the Property in violation of this Agreement; C. the Property ceases to be used or appraised for agricultural, wildlife management or timber use; d. any explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing are: (1) stored, sold, distributed, possessed or offered for sale or distributed on the Property or (2) ignited, detonated, cast, thrown, discharged or exploded on the Property, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Waiver. If voluntary annexation proceedings begin pursuant to this Agreement, the Owner acknowledges and agrees that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan, if any. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Moreover, the Owner hereby acknowledges the provision of infrastructure improvements required to serve the land, as listed in Section 8, shall be the sole responsibility of the Owner. Term. The term of this Agreement (the "Term") is seven (7) years from the date of execution by the City Manager. Expiration of Term. In consideration of City's execution of this Agreement, the Owner, and all of the Owner's heirs, successors and assigns agree that upon the expiration of this Agreement, that Owner will be deemed to have filed a petition for voluntary annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property, to be effective upon the expiration of this Agreement. In connection with voluntary annexation pursuant to this section, the Owner hereby waives any vested rights the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. De%elonment Aereement, Page 3 8. Infrastructure Improvements. Property voluntarily annexed pursuant to this Agreement may require infrastructure improvements, including, but not limited to, streets and roads, street and road drainage, land drainage, and water, wastewater, and other utility systems. Owner acknowledges the sole responsibility for providing infrastructure required at the time of annexation, if any, is that of the Owner. Owner further acknowledges that any additional infrastructure improvements, necessitated by proposed future development, shall be the sole responsibility of the Owner. 9. No Municipal Services. It is agreed that during the term of this Agreement, the City is under no obligation to provide any governmental, proprietary or other municipal services to the affected area. Specifically, but without limitation, it is agreed that the City shall not be required to furnish (1) sewer or water service, (2) police protection, (3) fire protection, (4) road or street repairs, and (5) garbage pickup service. 10. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successors, and assigns shall give the City written notice within 14 days of any change in the agricultural, wildlife management or timber use exemption status of the Property. A copy of either notice required by this section shall be delivered in hand or by registered or certified US mail to the City at the following address: City of Baytown Attn: City Manager 2401 Market Street Baytown, Texas 77520 Notice to the Owner may be addressed to Owner at the address indicated on the most recent Hams County property tax roll for the Property. 11. Miscellaneous Provisions. (a) Parties to Agreement. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severally, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. (b) Covenant Running with the Land. This Agreement shall be recorded in the Real Property Records of Harris County, Texas, and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Property or any part thereof; including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Property and to the City. Development Agreement. Page 4 (c) Severability. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in full force and effect. (d) Non -waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. (e) Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. (f) Headings. The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof; or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. (g) Governing Law. This Agreement shall be governed by the laws of the State of Texas and construed in conformity with the provisions of Sections 43.035 and 212.172 of the Texas Local Government Code. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terns of this Agreement. (h) Venue. Venue for this Agreement shall be in Harris County, Texas. (i) Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (j) Ever rgr en. This Agreement shall survive its termination to the extent necessary for the implementation of any of the provisions herein. (k) Complete Agreement. This Agreement contains all the agreements of the Owner and the City relating to the subject matter hereof and is the full and final expression of the agreement between such parties. This Agreement may be amended only by written agreement signed by the Owner and the City. (1) Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. (m) Authori . The Owner covenants that helshelit has the authority to enter into this Agreement by virtue of being the owner of the Property. Additionally, the officers executing this Agreement on behalf of the Owner hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. Develmment Agreement. Page 5 Entered into this day of 12017. CITY OF BAYTOWN RICHARD L. DAVIS, City Manager Entered into this __L day of It , 2017. OWNER: AMA BAY, LLC ( ignature) filo d Q� (Printed ame) /i 74AIr,901,v (Title) STATE OF SFr ae.Mt Icett § COUNTY OF-fIIS�w yoe� § This instrument was acknowledged before me on the _L_ day of 2017, by LlatA �eA�e the of AMA BAY, LLC, the Owner of the above -referenced property. ROBERT E. YOUNG Notary Public, State of New j I+ No. 01 Y0633816 blic tate Qualified in New York T STATE OF TEXAS § Commission Expires March 07, 2020 erJ oelr— COUNTY OF HARRIS § This instrument was acknowledged before me on the day of , 2017, by RICHARD L. DAVIS, City Manager of the City of Baytown, Texas. After Recording Return to: City of Baytown City Clerk P. O. Box 424 Baytown, Texas 77522 Notary Public, State of Texas \kob&01\legal\Karen\Files\Contracts\Development Agree muNDevelopment Agreement - AMA Bay 2017.doc Development Agreement. Page 6 Legal Description: Property Address: HCAD No Exhibit "A," Page Solo Exhibit "A" TRS 9C & 31 ABST 4 W BLOODGOOD 0 EAST FWY BAYTOWN TX 77521 0401680000163 Exhibit "B" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE REAL PROPERTY RECORDS- YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF HARRIS This Development Agreement ("Agreement") is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Baytown, Texas, (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. RECITALS WHEREAS, the Owner owns a parcel of real property in Hams County, Texas, which is more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"); and WHEREAS, the Property is located within the extraterritorial jurisdiction of the City and is subject to municipal annexation; and WHEREAS, the Property is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter, and WHEREAS, the City has notified the Owner of its intent to annex the Property and has offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property upon the terms and conditions hereinafter provided; and WHEREAS, pursuant to Section 43.035(b) the City and Owner wish to enter into this Agreement in lieu of the annexation of the Property by the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term of this Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Development Agreement Page 1 1. Continuation of Extraterritorial Status. The Property shall not be annexed and shall remain in the extraterritorial jurisdiction of the City for so long as: a. the Property is not subdivided and continues to be appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter, b. the Property is not used to store, sell, distribute, possess or offer for sale or distribution any kind or character of explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing; and C. the Property is not used to ignite, detonate, cast, throw, discharge or explode any, firecracker, torpedo, sky rocket, Roman candle or any other similar firework. This provision does not prohibit annexation with the consent of the Owner. 2. Enforcement of Regulations. Pursuant to Section 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all ordinances, regulations and planning authority of the City that do not interfere with the use of the Property for agriculture, wildlife management, or timber use. Such ordinances, regulations and planning authority may be enforced as they now exist or may hereafter be established or amended; and this Agreement shall not be deemed a permit for the purposes of Chapter 245 of the Texas Local Government Code. In addition, the City specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over the Property. Use and Development Restrictions. a. Change in Use. The Owner covenants and agrees that the Owner shall: (1) continue to use the Property solely for agricultural, wildlife management or timber use, until the Property has been annexed into, and zoned by, the City; (2) not store, sell, distribute, possess or offer for sale or distribution any kind or character of explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing on the Property or allow another person to do so; and (3) not ignite, detonate, cast, throw, discharge or explode any, firecracker, torpedo, sky rocket, Roman candle or any other similar firework or allow another person to do so. b. Development. The Owner covenants and agrees that the Owner shall not develop all or any portion of the Property in any manner or construct any structure on the Property, which would require the filing of any type of subdivision plat or other development document if the Property were within the corporate limits of the City, until the Property has been annexed into, and zoned by, the City. Development documents include, but are not limited to, the following: Development Agreement. Page 2 (1) subdivision of the Property as regulated by Chapter 126 of the Code of Ordinances; (2) building permit for any purposes for any use other than agriculture, wildlife management and/or timberland consistent with Chapter 23 of the Texas Tax Code; (3) site plan; and (4) application for zoning. 4. Remedies. The Owner acknowledges that if: a. any plat or related development document is filed in violation of this Agreement; b. the Owner commences construction on or development of the Property in violation of this Agreement; C. the Property ceases to be used or appraised for agricultural, wildlife management or timber use; d. any explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing are: (1) stored, sold, distributed, possessed or offered for sale or distributed on the Property or (2) ignited, detonated, cast, thrown, discharged or exploded on the Property, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Waiver. If voluntary annexation proceedings begin pursuant to this Agreement, the Owner acknowledges and agrees that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan, if any. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Moreover, the Owner hereby acknowledges the provision of infrastructure improvements required to serve the land, as listed in Section 8, shall be the sole responsibility of the Owner. 6. Term. The term of this Agreement (the "Tenn") is seven (7) years from the date of execution by the City Manager. 7. Expiration of Term. In consideration of City's execution of this Agreement, the Owner, and all of the Owner's heirs, successors and assigns agree that upon the expiration of this Agreement, that Owner will be deemed to have filed a petition for voluntary annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property, to be effective upon the expiration of this Agreement. In connection with voluntary annexation pursuant to this section, the Owner hereby Development Agreement Page 3 waives any vested rights the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. 8. Infrastructure Improvements. Property voluntarily annexed pursuant to this Agreement may require infrastructure improvements, including, but not limited to, streets and roads, street and road drainage, land drainage, and water, wastewater, and other utility systems. Owner acknowledges the sole responsibility for providing infrastructure required at the time of annexation, if any, is that of the Owner. Owner further acknowledges that any additional infrastructure improvements, necessitated by proposed future development, shall be the sole responsibility of the Owner. 9. No Municipal Services. It is agreed that during the term of this Agreement, the City is under no obligation to provide any governmental, proprietary or other municipal services to the affected area. Specifically, but without limitation, it is agreed that the City shall not be required to furnish (1) sewer or water service, (2) police protection, (3) fire protection, (4) road or street repairs, and (5) garbage pickup service. 10. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successors, and assigns shall give the City written notice within 14 days of any change in the agricultural, wildlife management or timber use exemption status of the Property. A copy of either notice required by this section shall be delivered in hand or by registered or certified US mail to the City at the following address: City of Baytown Attn: City Manager 2401 Market Street Baytown, Texas 77520 Notice to the Owner may be addressed to Owner at the address indicated on the most recent Harris County property tax roll for the Property. 11. Miscellaneous Provisions. (a) Parties to Agreement. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severally, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Development Agreement Page 4 (b) Covenant Running with the Land. This Agreement shall be recorded in the Real Property Records of Harris County, Texas, and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Property and to the City. (c) Severability. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in full force and effect. (d) Non -waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. (e) Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. (f) Headings. The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof; or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. (g) Governing Law. This Agreement shall be governed by the laws of the State of Texas and construed in conformity with the provisions of Sections 43.035 and 212.172 of the Texas Local Government Code. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. (h) Venue. Venue for this Agreement shall be in Harris County, Texas. (i) Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (j) Evergreen. This Agreement shall survive its termination to the extent necessary for the implementation of any of the provisions herein. (k) Complete Agreement. This Agreement contains all the agreements of the Owner and the City relating to the subject matter hereof and is the full and final expression of the agreement between such parties. This Agreement may be amended only by written agreement signed by the Owner and the City. Development Agreement Page 5 (1) Aereement Read. The parties acknowledge that they have read, understand and intend to be bound by the terns and conditions of this Agreement. (m) Authority. The Owner covenants that he/she. it has the authority to enter into this Agreement by virtue of being the owner of the Property. Additionally, the officers executing this Agreement on behalf of the Owner hereby represent that such officers have full authority to execute this Agreement and to bind the party he she represents. Entered into this day of 12017. CITY OF BAYTOWN RICHARD L. DAVIS, City Manager Entered into this 13 day of _Nv ey- , 2017, � r .� 0 / .� •. BENNIE KADJAR STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the 6 day of N�1 iYV1�OCY , 2017, by DAVID M. KADJAR, Owner of the above -referenced property. ELIZABETH C. CHASE r=°1 ems: hlntarV Public, State of Te :N-,; 'N� r•.-.r,rr. f. y1,rnC 07-20-20Ncl ary Public, State of Texas STATE OF TEXAS:;;o�;�a�' :!o;al Itj 131215772 COUNTY OF HARRIS �y This instrument was acknowledged before me on the ��` day of i' ��e Y, 1017, by BENNIE KADJAR, Owner of the above -referenced property. duuu4, i Ijj,��TU ( CHASE PpY PVP Nota Public, State of Texas ;�= Notary Public, State of Texas Notary Comm. Expires 07-20-2021 Notary ID 131215772 Develonment Aereement, Page 6 STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the day of , 2017, by RICHARD L. DAVIS, City Manager of the City of Baytown, Texas. Notary Public, State of Texas After Recording Return to: City of Baytown City Clerk P. O. Box 424 Baytown, Texas 77522 kkob&01\IcgaWn=\Fita\Contmts\Developmcnt AUcm=mV)cvelopmrnt Agrcanmt - Kadjar 2017.doc Development Agreement Page 7 Exhibit "A" TR 2A & Legal TR 7A Description: ABST 954 A SMITH ABST 683 W RITCHIE Property 0 BARKALOO RD Address: BAYTOWN TX 77521 HCAD No. 0441380000020 Development grreement. Page 8 Exhibit "C" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF HARRIS This Development Agreement ("Agreement") is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Baytown, Texas, (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. RECITALS WHEREAS, the Owner owns a parcel of real property in Harris County, Texas, which is more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"); and WHEREAS, the Property is located within the extraterritorial jurisdiction of the City and is subject to municipal annexation; and WHEREAS, the Property is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter; and WHEREAS, the City has notified the Owner of its intent to annex the Property and has offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property upon the terms and conditions hereinafter provided; and WHEREAS, pursuant to Section 43.035(b) the City and Owner wish to enter into this Agreement in lieu of the annexation of the Property by the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term of this Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Development Agreement. Page l Continuation of Extraterritorial Status. The Property shall not be annexed and shall remain in the extraterritorial jurisdiction of the City for so long as: a. the Property is not subdivided and continues to be appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter, b. the Property is not used to store, sell, distribute, possess or offer for sale or distribution any kind or character of explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing; and C. the Property is not used to ignite, detonate, cast, throw, discharge or explode any, firecracker, torpedo, sky rocket, Roman candle or any other similar firework. This provision does not prohibit annexation with the consent of the Owner. 2. Enforcement of Regulations. Pursuant to Section 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all ordinances, regulations and planning authority of the City that do not interfere with the use of the Property for agriculture, wildlife management, or timber use. Such ordinances, regulations and planning authority may be enforced as they now exist or may hereafter be established or amended; and this Agreement shall not be deemed a permit for the purposes of Chapter 245 of the Texas Local Government Code. In addition, the City specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over the Property. 3. Use and Development Restrictions. a. Chanae in Use. The Owner covenants and agrees that the Owner shall: (1) continue to use the Property solely for agricultural, wildlife management or timber use, until the Property has been annexed into, and zoned by, the City; (2) not store, sell, distribute, possess or offer for sale or distribution any kind or character of explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing on the Property or allow another person to do so; and (3) not ignite, detonate, cast, throw, discharge or explode any, firecracker, torpedo, sky rocket, Roman candle or any other similar firework or allow another person to do so. b. Development. The Owner covenants and agrees that the Owner shall not develop all or any portion of the Property in any manner or construct any structure on the Property, which would require the filing of any type of subdivision plat or other development document if the Property were within the corporate limits of the City, until the Property has been annexed into, and zoned by, the City. Development documents include, but are not limited to, the following: Develo mP ent Agreement Page 2 (1) subdivision of the Property as regulated by Chapter 126 of the Code of Ordinances; (2) building permit for any purposes for any use other than agriculture, wildlife management and/or timberland consistent with Chapter 23 of the Texas Tax Code; (3) site plan; and (4) application for zoning. 4_ Remedies. The Owner acknowledges that if- a. fa. any plat or related development document is Sled in violation of this Agreement; b. the Owner commences construction on or development of the Property in violation of this Agreement; C. the Property ceases to be used or appraised for agricultural, wildlife management or timber use; d. any explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing are: (1) stored, sold, distributed, possessed or offered for sale or distributed on the Property or (2) ignited, detonated, cast, thrown, discharged or exploded on the Property, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. 5. Waiver. If voluntary annexation proceedings begin pursuant to this Agreement, the Owner acknowledges and agrees that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan, if any. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Moreover, the Owner hereby acknowledges the provision of infrastructure improvements required to serve the land, as listed in Section 8, shall be the sole responsibility of the Owner. 6. Term. The term of this Agreement (the "Term") is seven (7) years from the date of execution by the City Manager. 7. Expiration of Term. In consideration of City's execution of this Agreement, the Owner, and all of the Owner's heirs, successors and assigns agree that upon the expiration of this Agreement, that Owner will be deemed to have filed a petition for voluntary annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property, to be effective upon the expiration of this Agreement. In connection with voluntary annexation pursuant to this section, the Owner hereby Development Agreement Page 3 waives any vested rights the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. 8. Infrastructure Improvements. Property voluntarily annexed pursuant to this Agreement may require inlastructure improvements, including, but not limited to, streets and roads, street and road drainage, land drainage, and water, wastewater, and other utility systems. Owner acknowledges the sole responsibility for providing infrastructure required at the time of annexation, if any, is that of the Owner. Owner further acknowledges that any additional infrastructure improvements, necessitated by proposed future development, shall be the sole responsibility of the Owner. 9. No Municipal Services. It is agreed that during the term of this Agreement, the City is under no obligation to provide any governmental, proprietary or other municipal services to the affected area. Specifically, but without limitation, it is agreed that the City shall not be required to famish (1) sewer or water service, (2) police protection, (3) fire protection, (4) road or street repairs, and (5) garbage pickup service. 10. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successors, and assigns shall give the City written notice within 14 days of any change in the agricultural, wildlife management or timber use exemption status of the Property. A copy of either notice required by this section shall be delivered in hand or by registered or certified US mail to the City at the following address: City of Baytown Attn: City Manager 2401 Market Street Baytown, Texas 77520 Notice to the Owner may be addressed to Owner at the address indicated on the most recent Harris County property tax roll for the Property. 11. Miscellaneous Provisions. (a) Parties to Agreement. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severally, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Development Agreement. Page 4 (b) Covenant Running with the Land. This Agreement shall be recorded in the Real Property Records of Harris County, Texas, and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Property and to the City. (c) Severability. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in full force and effect. (d) Non -waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. (e) Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. (f) Headings. The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. (g) Governing Law. This Agreement shall be governed by the laws of the State of Texas and construed in conformity with the provisions of Sections 43.035 and 212.172 of the Texas Local Government Code. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. (h) Venue. Venue for this Agreement shall be in Hams County, Texas. (i) Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (j) Evergreen. This Agreement shall survive its termination to the extent necessary for the implementation of any of the provisions herein. (k) Complete Agreement. This Agreement contains all the agreements of the Owner and the City relating to the subject matter hereof and is the full and final expression of the agreement between such parties. This Agreement may be amended only by written agreement signed by the Owner and the City. Development Ageement Page 5 (1) Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. (m) Authority. The Owner covenants that he she it has the authority to enter into this Agreement by virtue of being the owner of the Property. Additionally, the officers executing this Agreement on behalf of the Owner hereby represent that such officers have full authority to execute this Agreement and to bind the party he -'she represents. Entered into this day of 72017. Entered into this day of _ STATE OF TEXAS COUNTY OF HARRIS CITY OF BAYTOWN RICHARD L. DAVIS, City Manager This instrument was acknowledged before me on the . 4 day of CA -bei, /,'20 17, by RICHARD E. SIEGELMA _��I,n� �-� 1roperty. "''�. tyOLLEEN SIMKINSLA ' Notary Public, State of Texas z'2'Q; + Comm. Expires 07-21-2021 � Notary Public, Si to of Texas STATE OF TEXAS 0 11 OF Notary ID 4516599 COUNTY OF HARRIS § This instrument was acknowledged before me on the <'A day of 6�r , 2017, by GERRI LYNN SIEGELMAN, Owner of the above -referenced property. t =OME LEEN SIMKINS Notary Public, ate of Texas blic, State of Texas xpires 07-21-2021ry ID 4516599 Development Aercement, Page 6 STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the day of , 2017, by RICHARD L. DAVIS, City Manager of the City of Baytown, Texas. Notary Public, State of Texas After Recording Return to: City of Baytown City Clerk P. O. Box 424 Baytown, Texas 77522 \kobfsONegarT.a=\Files\Conttacts\Development Agmenents\Development Agreement - Siegdman 2017.doc Development Aereement Page 7 Exhibit "A" PT TRS 4 4A 5 5A (AG USE) & Legal TRS 6 & 6A Description: ABST 683 W RITCHIE ABST 954 A SMITH Property 6711 SJOLANDER RD Address: BAYTOWN TX 77521 HCAD No. 0460540000040 Exhibit "A" Page Solo Exhibit T" - (Part 1 of 2) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE REAL PROPERTY RECORDS- YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEVELOPMENT AGREEMENT STATE OF TEXAS CKalifi01V&S)a 11r4l00�� This Development Agreement ("Agreement') is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Baytown, Texas, (the "City') and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. RECITALS WHEREAS, the Owner owns a parcel of real property in Harris County, Texas, which is more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"); and WHEREAS, the Property is located within the extraterritorial jurisdiction of the City and is subject to municipal annexation; and WHEREAS, the Property is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter; and WHEREAS, the City has notified the Owner of its intent to annex the Property and has offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property upon the terms and conditions hereinafter provided; and WHEREAS, pursuant to Section 43.035(b) the City and Owner wish to enter into this Agreement in lieu of the annexation of the Property by the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term of this Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Development Agreement. Pagel Continuation of Extraterritorial Status. The Property shall not be annexed and shall remain in the extraterritorial jurisdiction of the City for so long as: a. the Property is not subdivided and continues to be appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter; b. the Property is not used to store, sell, distribute, possess or offer for sale or distribution any kind or character of explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing; and C. the Property is not used to ignite, detonate, cast, throw, discharge or explode any, firecracker, torpedo, sky rocket, Roman candle or any other similar firework. This provision does not prohibit annexation with the consent of the Owner. Enforcement of Regulations. Pursuant to Section 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all ordinances, regulations and planning authority of the City that do not interfere with the use of the Property for agriculture, wildlife management, or timber use. Such ordinances, regulations and planning authority may be enforced as they now exist or may hereafter be established or amended; and this Agreement shall not be deemed a permit for the purposes of Chapter 245 of the Texas Local Government Code. In addition, the City specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over the Property. Use and Development Restrictions. a. Change in Use. The Owner covenants and agrees that the Owner shall: (1) continue to use the Property solely for agricultural, wildlife management or timber use, until the Property has been annexed into, and zoned by, the City; (2) not store, sell, distribute, possess or offer for sale or distribution any kind or character of explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing on the Property or allow another person to do so; and (3) not ignite, detonate, cast, throw, discharge or explode any, firecracker, torpedo, sky rocket, Roman candle or any other similar firework or allow another person to do so. b. Development. The Owner covenants and agrees that the Owner shall not develop all or any portion of the Property in any manner or construct any structure on the Property, which would require the fling of any type of subdivision plat or other development document if the Property were within the corporate limits of the City, until the Property has been annexed into, and zoned by, the City. Development documents include, but are not limited to, the following: Development Agreement, Page 2 (1) subdivision of the Property as regulated by Chapter 126 of the Code of Ordinances; (2) building permit for any purposes for any use other than agriculture, wildlife management and/or timberland consistent with Chapter 23 of the Texas Tax Code; (3) site plan; and (4) application for zoning. 43 Remedies. The Owner acknowledges that if: a. any plat or related development document is filed in violation of this Agreement; b. the Owner commences construction on or development of the Property in violation of this Agreement; C. the Property ceases to be used or appraised for agricultural, wildlife management or timber use; d. any explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing are: (1) stored, sold, distributed, possessed or offered for sale or distributed on the Property or (2) ignited, detonated, cast, thrown, discharged or exploded on the Property, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Waiver. If voluntary annexation proceedings begin pursuant to this Agreement, the Owner acknowledges and agrees that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan, if any. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Moreover, the Owner hereby acknowledges the provision of infrastructure improvements required to serve the land, as listed in Section 8, shall be the sole responsibility of the Owner. 6. Term. The term of this Agreement (the "Term") is seven (7) years from the date of execution by the City Manager. Expiration of Term. In consideration of City's execution of this Agreement, the Owner, and all of the Owner's heirs, successors and assigns agree that upon the expiration of this Agreement, that Owner will be deemed to have filed a petition for voluntary annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property, to be effective upon the expiration of this Agreement. In connection with voluntary annexation pursuant to this section, the Owner hereby Develoament Aereement, Page 3 waives any vested rights the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. 8. Infrastructure Improvements. Property voluntarily annexed pursuant to this Agreement may require infrastructure improvements, including, but not limited to, streets and roads, street and road drainage, land drainage, and water, wastewater, and other utility systems. Owner acknowledges the sole responsibility for providing infrastructure required at the time of annexation, if any, is that of the Owner. Owner further acknowledges that any additional infrastructure improvements, necessitated by proposed future development, shall be the sole responsibility of the Owner. 9. No Municipal Services. It is agreed that during the term of this Agreement, the City is under no obligation to provide any governmental, proprietary or other municipal services to the affected area. Specifically, but without limitation, it is agreed that the City shall not be required to furnish (l) sewer or water service, (2) police protection, (3) fire protection, (4) road or street repairs, and (5) garbage pickup service. 10. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successors, and assigns shall give the City written notice within 14 days of any change in the agricultural, wildlife management or timber use exemption status of the Property. A copy of either notice required by this section shall be delivered in hand or by registered or certified US mail to the City at the following address: City of Baytown Attn: City Manager 2401 Market Street Baytown, Texas 77520 Notice to the Owner may be addressed to Owner at the address indicated on the most recent Harris County property tax roll for the Property. 11. Miscellaneous Provisions. (a) Parties to Agreement. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severally, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Development Agreement, Page 4 (b) Covenant Running with the Land. This Agreement shall be recorded in the Real Property Records of Harris County, Texas, and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Property and to the City. (c) Severability. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in full force and effect. (d) Non -waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. (e) Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. (f) Headings. The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. (g) Governing Law. This Agreement shall be governed by the laws of the State of Texas and construed in conformity with the provisions of Sections 43.035 and 212.172 of the Texas Local Government Code. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. (h) Venue. Venue for this Agreement shall be in Hams County, Texas. _ — - - (i) Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (j) Evergreen. This Agreement shall survive its termination to the extent necessary for the implementation of any of the provisions herein. (k) Complete Agreement. This Agreement contains all the agreements of the Owner and the City relating to the subject matter hereof and is the full and final expression of the agreement between such parties. This Agreement may be amended only by written agreement signed by the Owner and the City. Development Agreement Page 5 (1) Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. (m) Authori . The Owner covenants that he/she/it has the authority to enter into this Agreement by virtue of being the owner of the Property. Additionally, the officers executing this Agreement on behalf of the Owner hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. Entered into this day of 92017. CITY OF BAYTOWN RICHARD L. DAVIS, City Manager Entered into this day of d 2017. OWNER: DALTON A. CLANTON STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the day of Ili !InP 2017, by DALTON A. CLANTON, Owner - erty. / RAND B.STRONG Notary pubk slate of Texas IN 313800.9 Expires MARCH 18, tots ry Pu lic, State of Tex STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the day of , 2017, by RICHARD L. DAVIS, City Manager of the City of Baytown, Texas. Notary Public, State of Texas After Recording Return to: City of Baytown City Clerk P. O. Bot 424 Baytown, Texas 77522 X+cobfs0l\ILT,al�Karenifiles\Contracts\M%clopment Agrecmenls Doclopmcnl Agremnent - ferns 2017 doc Development Agreement, Page 6 Exhibit «A» Legal TRS 5 & 5E Description: ABST 683 W RITCHIE Property 6438 CROSBY CEDAR BAYOU RD Address: BAYTOWN TX 77521 HCAD No. 0441380000041 Legal PT TR 5B & TR 5F Description: ABST 683 W RITCHIE Property 6438 CROSBY CEDAR BAYOU RD Address: BAYTOWN TX 77521 HCAD No. 0441380000061 Exhibit !&" Page Solo Exhibit "M - (Part 2 of 2) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEVELOPMENT AGREEMENT STATE OF TEXAS § COUNTY OF HARRIS § This Development Agreement ("Agreement') is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Baytown, Texas, (the "City') and the undersigned property owner(s) (the "Owner'). The tern "Owner" includes all owners of the Property. RECITALS WHEREAS, the Owner owns a parcel of real property in Harris County, Texas, which is more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"); and WHEREAS, the Property is located within the extraterritorial jurisdiction of the City and is subject to municipal annexation; and WHEREAS, the Property is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter; and WHEREAS, the City has notified the Owner of its intent to annex the Property and has offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property upon the terms and conditions hereinafter provided; and WHEREAS, pursuant to Section 43.035(b) the City and Owner wish to enter into this Agreement in lieu of the annexation of the Property by the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term of this Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Development Agreement Page I 1. Continuation of Extraterritorial Status. The Property shall not be annexed and shall remain in the extraterritorial jurisdiction of the City for so long as: a. the Property is not subdivided and continues to be appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter, b. the Property is not used to store, sell, distribute, possess or offer for sale or distribution any kind or character of explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing; and C. the Property is not used to ignite, detonate, cast, throw, discharge or explode any, firecracker, torpedo, sky rocket, Roman candle or any other similar firework. This provision does not prohibit annexation with the consent of the Owner. 2. Enforcement of Regulations. Pursuant to Section 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all ordinances, regulations and planning authority of the City that do not interfere with the use of the Property for agriculture, wildlife management, or timber use. Such ordinances, regulations and planning authority may be enforced as they now exist or may hereafter be established or amended; and this Agreement shall not be deemed a permit for the purposes of Chapter 245 of the Texas Local Government Code. In addition, the City specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over the Property. 3. Use and Development Restrictions a. Chane in Use. The Owner covenants and agrees that the Owner shall: (1) continue to use the Property solely for agricultural, wildlife management or timber use, until the Property has been annexed into, and zoned by, the City; (2) not store, sell, distribute, possess or offer for sale or distribution any kind or character of explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing on the Property or allow another person to do so; and (3) not ignite, detonate, cast, throw, discharge or explode any, firecracker, torpedo, sky rocket, Roman candle or any other similar firework or allow another person to do so. b. Development. The Owner covenants and agrees that the Owner shall not develop all or any portion of the Property in any manner or construct any structure on the Property, which would require the filing of any type of subdivision plat or other development document if the Property were within the corporate limits of the City, until the Property has been annexed into, and zoned by, the City. Development documents include, but are not limited to, the following: Development Agreement Page 2 (1) subdivision of the Property as regulated by Chapter 126 of the Code of Ordinances; (2) building permit for any purposes for any use other than agriculture. wildlife management and/or timberland consistent with Chapter 23 of the Texas Tax Code; (3) site plan; and (4) application for zoning. 4. Remedies. The Owner acknowledges that if a. any plat or related development document is filed in violation of this Agreement; b. the Owner commences construction on or development of the Property in violation of this Agreement; C. the Property ceases to be used or appraised for agricultural, wildlife management or timber use; d. any explosives, pyrotechnics. fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing are: (1) stored, sold, distributed, possessed or offered for sale or distributed on the Property or (2) ignited, detonated, cast, thrown, discharged or exploded on the Property, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. 5. Waiver. If voluntary annexation proceedings begin pursuant to this Agreement, the Owner acknowledges and agrees that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan, if any. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Moreover, the Owner hereby acknowledges the provision of infrastructure improvements required to serve the land, as listed in Section 8, shall be the sole responsibility of the Owner. 6. Term. The term of this Agreement (the "Term") is seven (7) years from the date of execution by the City Manager. 7. Expiration of Term. In consideration of City's execution of this Agreement, the Owner, and all of the Owner's heirs, successors and assigns agree that upon the expiration of this Agreement, that Owner will be deemed to have filed a petition for voluntary annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property, to be effective upon the expiration of this Agreement. In connection with voluntary annexation pursuant to this section, the Owner hereby Development Agreement. Page 3 waives any vested rights the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. 8. Infrastructure Improvements. Property voluntarily annexed pursuant to this Agreement may require infrastructure improvements, including, but not limited to, streets and roads, street and road drainage, land drainage, and water, wastewater, and other utility systems. Owner acknowledges the sole responsibility for providing infrastructure required at the time of annexation, if any, is that of the Owner. Owner further acknowledges that any additional infrastructure improvements, necessitated by proposed future development, shall be the sole responsibility of the Owner. 9. No Municipal Services. It is agreed that during the team of this Agreement, the City is under no obligation to provide any governmental, proprietary or other municipal services to the affected area. Specifically, but without limitation, it is agreed that the City shall not be required to furnish (1) sewer or water service, (2) police protection, (3) fire protection, (4) road or street repairs, and (5) garbage pickup service. 10. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successors, and assigns shall give the City written notice within 14 days of any change in the agricultural, wildlife management or timber use exemption status of the Property. A copy of either notice required by this section shall be delivered in hand or by registered or certified US mail to the City at the following address: City of Baytown Attn: City Manager 2401 Market Street Baytown, Texas 77520 Notice to the Owner may be addressed to Owner at the address indicated on the most recent Harris County property tax roll for the Property. 11. Miscellaneous Provisions. (a) Parties to Agreement. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severally, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Development Agreement. Page 4 (b) Covenant Running with the Land. This Agreement shall be recorded in the Real Property Records of Harris County, Texas, and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Property and to the City. (c) Severability. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in full force and effect. (d) Non -waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. (e) Ambigmities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. (� Headings. The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. (g) Governing Law. This Agreement shall be governed by the laws of the State of Texas and construed in conformity with the provisions of Sections 43.035 and 212.172 of the Texas Local Government Code. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. (h) Venue. Venue for this Agreement shall be in Harris County, Texas. (1) Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (j) Evergreen. This Agreement shall survive its termination to the extent necessary for the implementation of any of the provisions herein. (k) Complete Agreement. This Agreement contains all the agreements of the Owner and the City relating to the subject matter hereof and is the full and final expression of the agreement between such parties. This Agreement may be amended only by written agreement signed by the Owner and the City. Development Ageemem Page 5 (1) Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. (m) Authority. The Owner covenants that he/she/it has the authority to enter into this Agreement by virtue of being the owner of the Property. Additionally, the officers executing this Agreement on behalf of the Owner hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. Entered into this _ day of 2017• CITY OF BAYTOWN RICHARD L. DAVIS, City Manager Entered into this _ day of , 2017• OWNER: i STATE OF TEXAS § COUNTY OF HARRIS §-- This instrument was acknowledged before me on the `' day of JyJ 2017, by ref'/ dry 4 *b+EK-h. CLANTON, Owner of the above -refereed roperty. :=:j Gtee NotTry Pub lc, State of Tex STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the _ day of 2017, by RICHARD L. DAVIS, City Manager of the City of Baytown, Texas. Notary Public. State of Texas After Recording Return to: City of Baytown City Clerk P. O. Box 424 Baytown, Texas 77522 .leobfsolMcphKoren\Fila%ConlmetslDevelopment AgteementslDevelopment Agreement - Fems 2017 doe Dcrt;lapM= As[ w nt, Page 6 rrupeny- a4m I XV615Y C:L DAR BAYOU RD Address: BAYTOWN TX 77521 HCAD No. 0441380000061 Exhibit "A" Legal TRS 5 & 5E Description: ABST 683 W RITCHIE Property 6438 CROSBY CEDAR BAYOU RD Address: BAYTOWN TX 77521 HCAD No. 0441380000041 Legal PT TR 5B & TR 5F Description: ABST 683 W RITCHIE Property 6438 CROSBY CEDAR BAYOU RD Address: BAYTOWN TX 77521 HCAD No. 0441380000061 Exhibit "A." Page Solo