Ordinance 2020-46ORDINANCE NO. 2020-46
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE,
AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON
THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE
NUMBER 2020-07, FROM AGRICULTURAL DISTRICT (AG/30) TO
COMMERCIAL CORRIDOR DISTRICT (CC), TO ALLOW FOR
COMMERCIAL DEVELOPMENT; PROVIDING FOR A PENALTY FOR
THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of
Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment
of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and
otherwise, and after holding due hearings and affording a full and fair hearing to all property
owners generally and to owners of the affected property, the governing body of the City is of the
opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be,
and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the
hereinafter described property a new zoning classification of Planned Development (PD), said
property being described in Exhibit A (Legal Description), hereto and made a part hereof for all
purposes.
SECTION 2: That a Development Agreement are an integral component of the
development of the property and is attached as Exhibit B.
SECTION 3: That all ordinances of the City in conflict with the provisions of this
ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict
with the provisions of this ordinance shall remain in full force and effect.
SECTION 4: That the above described property shall be used only in the manner and for
the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein
by the granting of this zoning classification.
SECTION 5: Any person, firm or corporation violating any of the provisions of this
ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act
and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as
the same now exists or is hereafter amended.
SECTION 6: Should any paragraph, sentence, subdivision, clause, phrase or section of
Ordinance No. 2020-46 - Change the Zoning on The Hereinafter Described Property, Zoning Case Number 2020-07,
From Agricultural District (Ag/30) To Commercial Corridor District (Cc), To Allow for Commercial Development
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole or any part or provision thereof, other than the part
so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 7: This ordinance shall be in full force and effect from and after its adoption by
the City Council and publication of its caption as the law and the City Charter provide in such
cases.
SECTION 8: The repeal of any ordinance, or parts thereof, by the enactment of this
Ordinance, shall not be construed as abandoning any action now pending under or by virtue of
such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any
penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or
provisions of any ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this 8th day of September, 2020.
ATTEST:
Stephanie Storm, City Secretary
DATE OF PUBLICATION: September 16, 2020, in t
Ordinance No. 2020-46 - Change the Zoning on The Hereinafter Described Property, Zoning Case Number 2020-07,
From Agricultural District (Ag/30) To Commercial Corridor District (Cc), To Allow for Commercial Development
DESCRIPTION
All that certain lot, tract orparcel ofland situated inthe LK4. MARSH/\LLSURVEY, ABSTRACT
NO 6A4.Collin County, Texas, and being all ofa1.O0acres tract asdescribed i Warranty deedfrnnn
Associates First Capital Corporation to Stone Street Properties, dated March 25, 2UUSand being
recorded in Volume 5888, Page 3339 of the Official Public Records of Collin County, Texas , and being
more particularly described asfollows:
BEGINNING ota1/2^iron rod with yellow plastic cap stamped ''FLS.C.|.RPLS5O34^aetforuorner|
the South right-of-way line of East Parker Road F.M. Highwav 2514, at the Nor-thwest comer of said
1.00 acres tract and also being the Northeast corner of a 0.908 acres tract as described in a Special
Warranty deed to Kurt Allen Strange, as recorded in Volume 5093, Page 5104 of the Land Records of
Collin County, Texan�
THENCE S. 89deg 42 min. 23 sou. E. along said right-of-way |ine, a distance of223.00 feet to a 3/4~
iron rod found for corner at the Northeast corner of said 1 .00 acres tract and being at the Northwest
corner ofa2.O75acres tract oadescribed inaVVarrenb'deed boKJichoe|C.Benner and Sharon K
Benner, oarecorded inVolume 3U12'Page U12ofthn�andRecords ofCollin County, Texas;
THENCE S.17deg. 35min. OUsec. VV,(Controlling bearing |ine)a|ongtheEusi|ineofuaid1.00ucneu
tract, a distance of-245.49 feet to a 3/4" iron rod found for corner;
THENCE N.8Qdeg, 24min, 1Q sec. W. along the South line cfsaid 1.0Oacres tract, adistance of
148.OJfeet (oa 3/4^ iron rod found for comer;
THENCE N.00deg, U2min- 51sec. E.odistance uf23352feet (nthe POINT 0FBEGINNING and
containing 1.00 acres of land,
NOTES
1) According iuF.E,MA.Flood Insurance Rate KXa C Panel No. 48O75QU455Hdated
December 1y.1QQ7.this prope�ylies inZone X.`This propert' �does not appear kolie within e1UO-year
flood plain.
2) BEARING SOURCE: RECORDED DEED IN VOL 588, PC. 3339. {lP.R.CCI
3) ALL 1/2" IRS ARE CAPPED WITH YELLOW PLASTIC CAPS "R.S.C.I. RPLS 5D34."
SURVEYDR'SCERT(F(CATE
| Harold DFetty, 111. Registered Professional Land Surveyor No. 5034, do hereby certify that the above
Ulat of the propert surveyed for LANDAMERICA COMMONWEALTH TITLE COMPANY and STONE
REET PROPATIES, LP., at 7940 E. PARKER ROAD, WYLIE, Collin County, Texas, is the result of
a careful collection of the best evidence available to me and my opinion is based on the facts as found
at the time of survey. This survey meets the requirements of the Minimum Standards of Practice as
agroved and published by the Texas Board of Professional Land Surveying, �ffective September 1,
1 2 and subsequent revisions, and the same was surveyed under my supervision on the ground this
the 29th day of November, 2006.
RAROLD D. FETTY III
Hhnjld[lFett/III, .'�.PLS,No. 5034
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT TIIAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN TIIE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR Y OUR DRIVERS' LICENSE NUMBER.
After Recording Return to:
City of Wylie
Attention: City Manager
300 Country Club Road
Wylie, Texas 75098
DEVELOPMENT AGREEMENT AMONG
Stone Street Properties, LP AND THE CITY OF WYLIE, TEXAS
This DEVELOPMENT AGREEMENT (`'Agreement") is made and entered into by and
among the CITY OF WYLIE, TEXAS, a home -rule municipality ("Wylie"), and Stone Street
Properties, LP, a Texas resident ("Developer"). Wylie and Developer are each referred to herein
as a "party" or collectively as the "parties."
WHEREAS, Developer warrant that they are the sole owners of that certain tract of land
situated in the City of Wylie, Collin County, Texas, consisting of 1.36 acres on Tract 11 and Tract
12 of the L M Marshall Survey, Abstract No. A0594, generally located at 7940 E Parker Road,
Wylie, Texas 75098, and more particularly described in Exhibit A, attached hereto and
incorporated herein for all purposes ("Stone Street"); and
WHEREAS, Developer desires to revert the zoning designation of Stone Street and have
asked Wylie to rezone the Property to Commercial Corridor; and
WHEREAS, Developer and Wylie agree that Wylie has adopted certain standards for
building products and materials and aesthetic methods in the construction, renovation,
maintenance and alteration of buildings in Wylie; and
WHEREAS, Developer desires to voluntarily consent to complying with Wylie's standards
for building products and materials and aesthetic methods, as referenced in Exhibit B, attached
hereto and incorporated herein for all purposes (collectively, "Building Materials Standards"), in
the construction, renovation, maintenance and alteration of all buildings currently existing and to
be built in the future on the Property, regardless of whether the Property develops as Developer
desires or intends or not; and
WHEREAS, Wylie hereby designates the Property for its historical, cultural or
architectural importance and significance pursuant to Section 3000.002(d) of the Texas Local
Government Code; and
WHEREAS, the parties agree that they enter into this Agreement pursuant to Section
3000.002(d) of the Texas Local Government Code with the full understanding and intent that
Wylie will have the right, but not the obligation, to enforce the Building Materials Standards on
the Property as of the Effective Date of this Agreement; and
Development Agreement — Stone Street Building Materials Standards Page 1 of 13
28379t}I
WHEREAS, the Wylie City Council has investigated and determined that it would be
udvan1u,,cousand beneficial \nWylie and its citizens tnenter into this Agreementoothe terms
and conditions set forth herein.
N(]VV, TBEREF[)RE, in consideration of the cuv*ounin and conditions contained in this
Agreement, Wylie and Developer agree as follows-.
( Incorporation of Recitals. The representations, covenants and recitations set forth in the
forth in the foregoing recitals n[this Agreement are true and correct, are incorporated into
the body nr this Agreement and are adopted usfindings o[Wylie and Developer.
Land Subject toAcmumcnt- The land that iusubject Nthis Agreement isthe Property.
Developer represents and warrant that he is the sole owner of Stone Street as of the
Effective Date o[this Agreement.
Building Materials Standards.
(u) [nthe construction, renovation, maintenance and alteration o[unyexisting nrfuture
building outhe Property, Developer shall not use or install, nrponmit the use or
installation of, any building product ormaterial or aesthetic method that does not
comply with the Building Materials Standards, notwithstanding any conflicting
provision o[Chapter 3O00 o[the Texas Government Code, as it exists ocmay be
amended. Developer voluntarily consents and u8rzco to comply with this
/\grerrncni and the Building Materials Standards in the construction, renovation,
maintenance and alteration of any existing or future building on the Property.
(h) Before commencement of construction, rcnopaiion, maintenance or alteration of
any existing or future building on the Property on or after the Effective Date of this
Agreement, Developer shall impose deed restrictions on the Property, incorporating
the requirements of this Agreement, As u condition n[Wy|ie's ioouunoc of any
building pernoitson the Property, Developer shall submit to Wylie the proposed
deed restrictions incompliance with this Agreement, The deed restrictions must bc
approved, in writing, by the Wylie City P\unnor. VVWio is entitled to withhold
building permits on the Property (in addition to any other remedy available to
Wylie) in the event that Developer has not obtained such v/httcu approval. {}000
approved, Developer uhuU record dlc approved deed restrictions in the Rcu}
Property Records ofCollin County, Texas. The approved deed restrictions may not
be amended, terminated or otherwise modified uRcr VVy|ic's approval thereof'
without the prior written consent o[the Wylie City Planner. Wylie shall hcothird-
party beneficiary o[the approved deed restrictions, and Wylie shall have the right
but not the obligation toenforce this Agreement and the approved deed restrictions,
as they exist or may be amended.
(c) Wylie designates the Property for its historical, cultural orarchitectural importance
and significance pursuant to Section 3000,002(d) of the Texas Local Government
Code. Developer voluntarily consents and agrees 10such designation, Developer
Development Agreement — Slone Street Building Materials Standards Page %v[|3
voluntarily waives any rights or protections that may exist under Chapter 3000 of
the Texas Government Code, as it exists or may be amended, with respect to any
existing or future building on the Property, and further agrees that Wylie's right to
enforce the Building Materials Standards arise from this Agreement and not from
a rule, charter provision, ordinance, order, building code or other regulation of
Wylie. Developer agrees that Wylie is entitled to amend, revise, supplement and
otherwise modify the Building Materials Standards in Wylie's sole discretion.
4. Default.
(a) If Developer fails to comply with any provision of this Agreement, and such failure
is not cured within thirty (30) days after Wylie sends written notice of such failure
to Developer, then Wylie shall have the following remedies, in addition to Wylie's
other rights and remedies:
(i) to file this instrument in the Real Property Records of Collin County, Texas
as a lien or encumbrance on the Property;
(ii) to terminate this Agreement by providing written notice of termination to
Developer;
(iii) to refuse to accept any portion of any public improvements on the Property
or associated with the development of the Property;
(iv) to refuse to issue building permits for any building on the Property;
(v) to refuse to issue a Certificate of Occupancy for any building on the
Property;
(vi) to require Developer, another owner of the Property, or a portion thereof,
and or a contractor thereof to immediately cease the construction,
renovation, maintenance and/or alteration of a building on the Property;
and?or
(vii) to seek specific enforcement of this Agreement.
(b) if Wylie fails to comply with the terms and conditions of this Agreement and such
failure is not cured within thirty (30) days after Wylie receives written notice of
such failure from Developer, then Developer may seek specific enforcement of this
Agreement as Developer's sole and exclusive remedy.
5. Limitation of Liability. Notwithstanding anything to the contrary herein, the parties agree
and acknowledge that Wylie shall not, under any circumstance, be required to tender, or be
liable to Developer for, any credit or reimbursement of, or payment of any monies, with
regard to the matters set forth herein.
Development Agreement — Stone Street Building Materials Standards Page 3 of 13
2837901
6. Covenant |luuoin-t,with the Land. This Agreement shall beucovenant running with the
|uod and yroperty, and shall hcbinding oo the Developer and their respective successors
and assigns. Wylie shall cause this Agreement to be filed in the Rcu( Property Records of
Collin County, Texas. Developer represents and warrants that the filing o[this &grccnoeut
as provided herein shall provide Wylie with osuperior and priority encumbrance, lien or
iorc,cst in, on and to the Property as to any and all other persons or entities. Developer
represents and warrants that there are no liens, uuuchmncn\u or other encumbrances that
prohibit oraffect the right o[Developer togrant such superior and priority encumbrance,
lien ocinterest audescribed herein. If such a condition does exist, howcvor. Developer
abu|lohiuinuoignuturowitbocknow|cdgnmeotbnmutbcho(dcro[suchlicn.aitucbmen\oc
cncumhrmnce, subordinating any such |icn, attachment or encumbrance to Developer's
rights granted herein.
7. Limitations of}\ucorocru. Wylie ordinances covering property taxes, utility rates, permit
fees, inspection 5ecs tree mitigation fees, impact fees, development Oecs.Lupfees,pro-ra¢u
fees and the like are not affected by this Agreement. Further, this Agreement does not
waive or limit any of the obligations or Developer to Wylie under any ordinance, whether
now existing or in the future arising.
CIP
O. Notices. Any notice provided orpermitted to he given under this Agreement must be in
writing and may hcserved kvdepositing same inthe United States Mail, addressed mthe
Party to be ooiiOed, postage pre -paid and registered or certified with return receipt
requested; by facsimile; by electronic nuuiL with documentation evidencing Ule addressee's
receipt thereof-, or by delivering the sumo in person to such Party a via hund-b|ivory
service, or any courier service that provides u vc!urn receipt showing tbc dote or actual
delivery o[same to the addressee thereof. Notice given \oaccordance herewith shall be
effective upon receipt at the address of the addressee. For purposes of notification, the
addresses of the parties shall bcuufollows
If to Wylie, addressed to it at:
City o[Wylie
Attention: City Manager
3OOCountry Club Road
Wylie, Texas 75098
Telephone: (972)510-6000
Facsimile- (97Z)510-0O2O
with ucopy to:
Abernathy, Roeder, Boyd /k8u|loU.P.C.
Attention: Ryan D. Pittman
\700RedhudBlvd..Suite 3D0
McKinney, Texas 75U6g
Telephone: (l|4)544-4OUU
Facsimile: (214)544'4044
Email: ri)itinian�,c,t)abematliv-la%v.coi-n
Development Agreement - Stone Street Building Materials Standards Page 4ofl3
If to Developer, addressed to Developer at:
Stone Street Properties, LP
Attn: Dwayne Clark
P.0 Box 92341
Southlake, TX 76092
9. Indemnity.
(a) EACH DEVELOPER SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS
WYLIE FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH),
CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS,
SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND
EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED IN
ENFORCING THIS INDEMNITY) CAUSED, IN WHOLE OR IN PART, BY THE
NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONALLY WRONGFUL ACT OR
OMISSION OF ANY DEVELOPER OR ANY OF EACH DEVELOPER'S OFFICERS,
DIRECTORS, PARTNERS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES,
REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES,
TRUSTEES, LICENSEES, INVITEES OR ANY OTHER THIRD PARTY FOR WHOM
DEVELOPER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS
AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF
WYLIE (HEREINAFTER "CLAIMS"). DEVELOPER IS EXPRESSLY REQUIRED TO
DEFEND WYLIE AGAINST ALL SUCH CLAIMS.
(b) IN ITS SOLE DISCRETION, WYLIE SHALL HAVE THE RIGHT TO APPROVE OR SELECT
DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING EACH
DEVELOPER'S OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY WYLIE,
UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY WYLIE IN WRITING. WYLIE
RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE;
HOWEVER, WYLIE IS UNDER NO OBLIGATION TO DO 50. ANY SUCH ACTION BY
WYLIE IS NOT TO BE CONSTRUED AS A WAIVER OF ANY DEVELOPER'S
OBLIGATION TO DEFEND WYLIE OR AS A WAIVER OF ANY DEVELOPER'S
OBLIGATION TO INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT. EACH
DEVELOPER SHALL RETAIN WYLIE•APPROVED DEFENSE COUNSEL WITHIN SEVEN
(7) BUSINESS DAYS OF WYLIE'S WRITTEN NOTICE THAT WYLIE IS INVOKING ITS
RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ANY DEVELOPER
FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, WYLIE SHALL HAVE THE
RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND EACH
DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE.
(c) THE RIGHTS AND OBLIGATIONS CREATED BY THIS SECTION SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT.
Development Agreement m Stone Street Building Materials Standards Page 5 of 13
283'9QI
10. Acknowledgement of Wylie's Compliance with Federal and State Constitutions. Statues
and Case Law and Federal, State and Local Ordinances. Rules and Regulations.
Developer's Waiver and Release of Claims For Obligations Imposed by this Agreement.
(a) DEVELOPER ACKNOWLEDGES AND AGREES TIIAT:
(i)
TIIE OBLIGATIONS REQUIRED BN"THIS AGREEMENT TO BE PERFORMED BY
DEVELOPER, IN WHOLE OR IN PART, DO NOT CONSTITt TE A:
(A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION;
(B) VIOLATION OF THE TEXAS WATER CODE, AS IT EXISTS OR MAY BE
ANIENDED;
(C) VIOLATION OF TIIE TEXAS LOCAL GOVERNMENT CODE,
INCLUDING CHAPTER 3000, AS IT EXISTS OR MAY BE AMENDED
(D) NUISANCE; OR
(E) CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR
A VIOLATION OF ANNFEDERAL OR STATE CONSTITUTION, STATUTE
OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE,
RULE OR REGULATION.
(ii) EACH DEVELOPER SIIALL INDEMNIFY AND HOLD IIARMLESS WYLIE FROM
AND AGAINST ANY CLAIMS AND SUITS OF THIRD PARTIES, INCLUDING BUT
NOT LIMITED TO, ANY OF DEVELOPER'S PARTNERS, OFFICERS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS,
ASSIGNEES, VENDORS, GRANTEES OR TRUSTEES, BROUGHT PURSUANT TO
OR AS A RESULT OF TIIIS SECTION.
(b) EACI1 DEVELOPER RELEASES WYLIE FROM ANY AND ALL CLAIMS OR CAUSES OF
ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS.
(c) EACH DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT
AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION,
STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR
REGULATION.
(d) THIS SECTION SHALL SURVIVE TIIE TERMINATION OF TIIIS AGREEMENT.
Vested Rights/Chapter 245 Waiver. The parties shall be subject to all ordinances of Wylie,
whether now existing or in the future arising. This Agreement shall confer no vested rights
on the Property, or any portion thereof, unless specifically enumerated herein. In addition,
nothing contained in this Agreement shall constitute a "permit- as defined in Chapter 245
olthe Texas Local Government Code, as amended, and nothing in this Agreement provides
Wylie with fair notice of any project of Developer. EACH DEVELOPER WAIVES ANY
STATUTORY CLAIM UNDER CHAPTER 245 OF TIIE TEXAS LOCAL GOVERNMENT CODE, AS
AMENDED, UNDER THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION
OF THIS AGREEINIENT.
Development Agreement - Stone Street Building Materials Standards Page 6 of 13
H37110 1
12. Attornev's Fees. if either party files any action or brings any proceeding against the other
arising from this Agreement, then as between Developer and Wylie, the prevailing party
shall be entitled to recover as an element of its costs of suit, and not as damages, reasonable
and necessary attorneys' fees and litigation expenses both at trial and on appeal, subject to
the limitations set forth in TEx. LOC. Gov'T CODE § 271.I53, as it exists or may be
amended, if applicable.
13. Warranties "Representations. All warranties, representations and covenants made by one
party to the other in this Agreement or in any certificate or other instrument delivered by
one party to the other under this Agreement shall be considered to have been relied upon
by the other party and will survive the satisfaction of any fees under this Agreement,
regardless of any investigation made by either party.
14. Entire Agreement. This Agreement contains the entire agreement of the parties with
respect to the matters contained herein and may not be modified or terminated except upon
the provisions hereof or by the mutual written agreement of the parties.
15. Goveming Law: Venue. The laws of the State of Texas shall govern the interpretation,
validity, performance and enforcement of this Agreement, without regard to conflict of law
principles. This Agreement is performable in Collin County, Texas, and the exclusive
venue for any action arising out of this Agreement shall be a court of appropriate
jurisdiction in Collin County, Texas.
16. Consideration. This Agreement is executed by the parties without coercion or duress and
for substantial consideration, the sufficiency of which is forever confessed.
17. Multiple Counterparts, This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. An electronic
mail or facsimile signature will also be deemed to constitute an original if properly
executed and delivered to the other party.
18, Authority to Execute. The individuals executing this Agreement on behalf of the respective
parties below represent to each other and to others that all appropriate and necessary action
has been taken to authorize the individual who is executing this Agreement to do so for
and on behalf of the party for which his or her signature appears, that there are no other
parties or entities required to execute this Agreement in order for the same to be an
authorized and binding agreement on the party for whom the individual is signing this
Agreement and that each individual affixing his or her signature hereto is authorized to do
so, and such authorization is valid and effective on the Effective Date (hereinafter defined).
19. Savings, SeverabiIity. In the event that a term, condition or provision of this Agreement is
determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent
jurisdiction, then that term, condition or provision shall be deleted and the remainder of the
Agreement shall remain in full force and effect as if such invalid, illegal, void,
unenforceable or unlawful provision had never been contained in this Agreement.
Development Agreement -- Stone Street Building Materials Standards Page 7 of 13
2 37 )t
20. Representations. Each party represents that it has carefully read this Agreement, knows
the contents hereof, has consulted with anattorney ofits choice regarding the meaning and
effect hereof and iusigning (lie same solely o[its owojudgnmcot.
21. NoThird Party Beneficiaries. Nothing inthis Agreement shall boconstrued macreate any
right in any third party not u oi�nun/ry to this Agreement, and the parties do not intend to
create any third party beneficiaries byentering into this Agreement,except asexpressly set
forth herein.
22.
/\xaigument/BindingEffecc
(u) This Agreement is uuaiunu6\e, in whole oriupart, upon the Following conditions,
all or which must he uubaOtd he[br* any such assignment shall be valid and
(i) the assignment or the Auncmmout must he evidenced by o recordable
document (-Assignment"). the 5onn of which must be approved in writing
by Wylie,
(ii) the Assignment uouoi expressly cuutain, among any other reasonable
requirements and conditions nfWylie, an acknowledgment and u�rocmnnt
that all obligations, covenants and conditions contained inthis Agreement
will he oomunncd solely and zurnpictc\y by the assignee, and the contact
name, address, phone number, fax number and electronic mail address of
the assignee;
(ih) Developer will 0e,anyapproved, executed Assignment inthe Real Property
Records of Collin County, Texas; and
(iv) Developer nhuU provide Wylie with a file -marked copy or tile Assignment
within ten (\U)days oifiling the same, and until Wylie receives said file -
marked copy or the Assignment as provided herein, Wylie shall not, under
any circumstance, recognize said Assignment.
(h) This Agreement shall be binding upon and inure to the hencDi of VVy|ic and
Dcvc|npcc
23. Indemnification. The Parties agree that the Indemnity provisions set forth in Section and
Section 10 herein are conspicuous, and the parties have read and understood the same.
24. VVu|vcr. Waiver by either party of any breach of this Agreement, or the [udun; of' either
party to enforce any of the provisions of this Agrecment, at any time, shall not in any way
affect. limit or %vaive such party's right thereafter to enforce and compel strict compliance.
mcvaupmcot Agreement - Stone Street Building Materials Standards Page Vvf|3
2937901
25. Immunity. It is expressly understood and agreed that, in the execution and performance of
this Agreement, Wylie has not waived, nor shall be deemed hereby to have waived, any
defense or immunity, including governmental, sovereign and official immunity, that would
otherwise be available to it against claims arising in the exercise of governmental powers
and functions, By entering into this Agreement, the parties do not create any obligations,
express or implied, other than those set forth herein.
Reference to Developer. When referring to "Developer" herein, this Agreement shall refer
to and be binding upon Developer. and Developer's officers, directors, partners,
employees, representatives, contractors, agents, successors, assignees (as authorized
herein), vendors, grantees, trustees, legal representatives and any other third parties for
whom Developer is legally responsible.
Reference to Wylie. When referring to "Wylie" herein, this Agreement shall refer to and
be binding upon Wylie and Wylie's Council Members, officers, agents. representatives,
employees and any other authorized third parties for whom Wylie is legally responsible.
28. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by
all parties hereto, The language of all parts of this Agreement shall be construed as a whole
according to its fair meaning, and any presumption or principle that the language herein is
to be construed against any party shall not apply. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing this document.
[Signature page follows]
Development Agreement — Stone Street Building Materials Standards Page 9 of 13
28379ti 1
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective when all the parties have signed it. The date this Agreement is signed
by the last party to sign it (as indicated by the date associated with that party's signature below)
will be deemed the effective date of this Agreement ("Effective Date").
CITY OF WYLIE, TEXAS,
a home -rule municipality
By: , L
Chris Hoisted, City Manager
Date:
Attested to by:
Step ame Storm, City Secretary
STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared Chris Hoisted,
known to me to be one of the persons whose names are subscribed to the foregoing instrument; he
acknowledged to me that he is the City Manager and duly authorized representative for the City of
Wylie. Texas, and that he executed said instrument for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this S- day of
,
2020,
-7)
TINA LINK
NOTARY PUBLIC
STATE OF TEXAS
ID # 13144212-5
y Comm. Expires 02-08-2022
_
Notary Public, State of Texas
My Commission Expires
Development Agreement — Stone Street Building Materials Standards Page 10 of 13
783790i
Stone Street Properties, LP,
a Texas resident
By: tr F'a
Dwayne Clark
Manager of Rushford Property
Management, LLC
Date: o
STATE OF TEXAS
§
COUNTY OF CofilY1 §
7%2vZra
BEFORE ME, the undersigned authority, on this day personally appeared Dwayne Clark,
known to me to be one of the persons whose names are subscribed to the foregoing instrument: he
acknowledged to me that he executed the same for the purposes and consideration therein stated
and in the capacity therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this "` ' day
2020.
CHRISTI FOSTER '
NOTARY PUBLIC
STATE OF TEXAS •
ID # 12462082-9
My Comm. Expires 07-17-2023
Notary Public, State of Texas
My Commission Expires:
Development Agreement — Stone Street Building Materials Standards Page 11 of 13
2837qf%
Exhibit A-1
Legal Description of Stone Street
An that We t lor, r parcel of to 1d
P'O 594 CLii n a:nt ti -9s, and tie,n
it\sisociates Fast Capitr Coiporation t0 S
r rrar d d ttl VoF ume ;-;:f 33, Page 3339 of
r ore part cuforiy described as ?� , .r.
t� RIPTtON
ntheLPa1.
L acres tracti'rel.
t3ge ties f3^
OfTiC _ t r ubtrc RE'COn15 o
E G(N ING at a 102' iron rod with yNow ittasticcap t n
l,ghtroh . ay line of East t r er R ti z % I
tract and also bong the c rt 2 i t corner nt
Strange as rec
:t, a d stance o
42 min, 23
nin. 00 sec
i t? a 314'
THENCE N 89 deg 24 nth.
149,03 feet to a 31 ' Iron r'cxi
THENCE
:. t' -r'.1 ` . El✓: tt tn.
coflto`fi3O:l 3 .t i in r sot tell:
l
oed R, l
2514,
SURVEY. ABSTRACT'
sired 11 aWarranty deed it
25 -05and be aui
�in County Teas , and Leo?
Rt'LS 50344 set for comer t
x Nortriwost corner of said
Je clibis3Jina°fieci
nd i ec rds
ne a distranc
tract
4,>> fir'
iiiin Goan
Development Agreement -- Stone Street Building (Materials Standards Page 12 of 13
?8J7901
Exhibit B
Building Materials Standards
As used in this Agreement, the term "Building Materials Standards" shall include all standards for
building products and materials and aesthetic methods in the construction, renovation,
maintenance and alteration of buildings set forth or referenced in the following:
2.
Ordinance No. 2019-23, Zoning Ordinance Section 4.3 (Non -Residential Design
Standards), as it exists or may be amended by Wylie in its sole discretion
Ordinance No. 2018-14, International Property Maintenance Code and all local
amendments thereto, as it exists or may be amended by Wylie in its sole discretion
3. Ordinance No. 2018-13, International Existing Building Code and all local amendments
thereto, as it exists or may be amended by Wylie in its sole discretion
4. Ordinance No. 2017-41, International Fire Code and all local amendments thereto, as it
exists or may be amended by Wylie in its sole discretion
5. Ordinance No. 2017-40, National Electrical Code and all local amendments thereto, as it
exists or may be amended by Wylie in its sole discretion
6. Ordinance No. 2017-39, International Residential Code and all local amendments thereto,
as it exists or may be amended by Wylie in its sole discretion
7. Ordinance No. 2017-37, International Plumbing Code and all local amendments thereto, as
it exists or may be amended by Wylie in its sole discretion
8. Ordinance No. 2017-34, International Energy Conservation Code and all local amendments
thereto, as it exists or may be amended by Wylie in its sole discretion
9. Ordinance No. 2017-32, International Building Code — Commercial and all local
amendments thereto, as it exists or may be amended by Wylie in its sole discretion
10. Any other existing or future ordinance, rule or regulation adopted by the Wylie City
Council that establishes a standard for a building product, material or aesthetic method in
construction, renovation, maintenance or other alteration of a building if the standard is
more stringent than a standard for the product, material, or aesthetic method under a
national model code published within the last three code cycles that applies to the
construction, renovation, maintenance, or other alteration of the building
Development Agreement — Stone Street Building Materials Standards Page 13 of 13
2837901
Filed and Recorded
Official Public Records
Stacey Kemo, County Clerk
Collin County, TEXAS
00/27/2020 0129,10 PM
$78 00 NPRECELLP
20200827001423380
She gfarmershille Zrimes • Murphy Monitor • The Princeton Herald • 7/cSachse News • THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice — Ordinances No. 2020-46, No. 2020-47, and No. 2020-48
was published in said newspaper on the following date(s), to -wit:
September 16, 2020
Chad Engbrock,Publisher
Subscribed and sworn before me on this, the 17th day of September, 2020 to certify which
witness my hand and seal of office.
SONIAA DUGGAN
Notary ID k126646343
My Commission Expires
August 12, 2024
Notary Public in an
The State of Texas
My commission expires 08/12/2024.
Murphy/Sachsc/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie. TX 7.5098.972-442-5515 • fax 972-142-4318
Farmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farmersville, TX 754-12 . 972-784-6397 • fax 972-782-7023
CITY OF WYLIE 1
' Ordinance
No.2020.46
An ordinance of the
city of Wylie,. Texas,
amending the com-
prehensive • , zoning
ordinance of the City
Of • Wylie, as hereto-
fore amended, so as
to change the zoo-11
ing on the hereinafter ;
described property,
zoning case number
2020-07, from agricul-
tural district, (ag/30) to
commercial corridor.
district (cc), to allow
for commercial deve
aliment; providing for
a penalty for the viola-
tion of this ordinance;
providing for the 're-
peal of all ordinances
Miler; providing a
severability clause; and
providing for an effec-
tive date.
Ordinance
No. 2020-47
An, ordinance of the
city council •of the
City of Wylie, texas,
amending' chapter 74
(offenses and miscella-
neous provisions), ar-
ticle x (electioneering
at polling' locations) of
the city of wylie code
of ordinances, ordi-
nance no. 2005-07, as
amended; modifying
certain regulations re-
lating 'to electioneer-
ing on public premises
used as a polling place;
providing for repeal-
ing, .penalty; savings
and severability claus-
es and an effective date I
Ordinance
LiAn ordinances of 'the
city council of the
City of Wylie, Texas,
attending ordinance
nos. 2020-24, 2020- j
25,.2020426,`2020-29,_11 ,
2020-31, 2020-35,
2020-38, and 2020-41
continuing ,and ex-
tending. the mayor's
amended declaration of
t local'disaster for public
health emergency due
to the novel coronavi-
rus (covid-19); provid-
ing the consent of the
city council to the con-
tinuation of the decla-
ration until 11:59 pin.
on October 13, 2020;
prescribing orders to I
help abate the public
health emergency; pro-
viding authority for the
city council to termi-(
nate the disaster dec-
-.]oration;-and providing'
' an enforcement clause)
severability clause'and
an effective date. f
L
r.a1o.•
emmni.3 'in ..-
No.202-48
2o-I t-991