Loading...
HomeMy WebLinkAboutResolution - 2016-R0061 - Monsanto - 02/11/2016Resolution No.2016-R0061 Item No.5.21 February 11,2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbockis herebyauthorizedand directedto execute for and on behalf of the City of Lubbock,an Agreement under Chapter 212.172 of the Texas Local Government Code for the extension of the City of Lubbock's planning,zoning,and code inspection authority to property outside of the current city limits,by and between the City of Lubbock and Monsanto Southern Production Company,LLC of St.Louis,Missouri,and related documents.Said Agreement is attached hereto and incorporated in this resolution as if fully set forth hereinandshallbe included inthe minutes of theCity Council. Passed by the City Council on February 11.2016 GLE5&5.ROBERTSON,MAYOR ATTEST: 'JIM4L**^y Rebqcca Garza,City Secretary APPROVED AS TO CONTENT: d*44*Y^C )fP^?*& James Loomis,City Manager APPROVED AS TO FORM: ccdocs/RES.Agreement - Ch. 212 Agreement -Monsanto February 3.2016 COUNTER FILING File and Return to ^'g DaveBooher R.O.W.= 5 Resolution No.2016-R0061 Cityof Lubbock © 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:r -" YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER ^5 o CITY OF LUBBOCK -§212.172 DEVELOPMENT AGREEMENT THIS AGREEMENT is made and effective this 11th day of February ,2016,by and between the City of Lubbock, Texas, a Texas home rule municipal corporation (the "City"), and Monsanto SouthernProduction Co., LLC, a Delawarelimitedliability company (the "Owner"), and is as follows: RECITALS WHEREAS,the City Council of the City of Lubbock recognizes the continued population growth and migration trends in the Lubbock metropolitan area, and WHEREAS,the City's Annexation and Growth Advisory Committee (the "Committee")made findings that annexation withintheCity's extraterritorial jurisdictionalongthe Interstate 27 Corridor north of Lubbock will promote commercial,manufacturing,and industrial development;and WHEREAS,through Resolution No.2016-R0027,the City Council accepted the Committee's recommendation to annex anarea generally described asa 300-acre tract of land south of County Road 5800,east of Avenue P,north of County Road 5900,and west of the current city limits running along Ash Avenue;and WHEREAS,the Owner's property described within Exhibit A (the "Property")is located within the Council's recommended area for annexation;and WHEREAS,the Owner may or may not complete its initial development of the Property before the City's annexation of the Property becomes effective; and WHEREAS,the City and the Owner desire that the Property and any development onthe Property be in conformance with the City's Comprehensive Plan,the City's Building Code,and all other applicable regulations,as set forth inthis Agreement;and WHEREAS,the Owner desires to enter into this Agreement to ensure that during the term of this Agreement the City shall treat the Property asifit is annexed for the purposes of conformance with all Cityregulationsexcept as otherwiseset forth in this Agreement;and WHEREAS,the City Council finds that this Agreement satisfies certain annexation requirements underSection43 and Section 212 of the Texas LocalGovernmentCode; NOW THEREFORE,in exchange for the mutual covenants,the Cityand Owner enter into this Agreement under the conditions and promises contained herein: 6539765.7 AGREEMENT A. State Code Provisions; Annexation. This Agreement is a development agreement drafted according to the provisions of Section 212.172 of the Texas Local Government Code, and this Agreement constitutes, inter alia, a voluntary petition to the City for the annexation of the Property under the provisions of Section 43.052(h) of the Texas Local Government Code, without any further action on the part of the Owner or the City. Further, the City shall consider the execution of this Agreement as a completed application for the initial authorization of the use of the Property, satisfying the requirements of Section 43.002 of the Texas Local Government Code, in that the Owner shall have applied for certain approvals relating to the contemplated construction on or about the Property, more particularly described and depicted on the plans to be submitted to the City prior to the annexation of the Property (the "Construction"). The Owner may terminate this Agreement, and so withdraw its voluntary petition for annexation, at any time before the effective date of annexation by providing notice to the City. The City and the Owner hereby acknowledge that the Owner has planned for the Property to be used for the Permitted Uses (as defined below) for at least ninety days prior to the date of this Agreement, as the term "planned for" is used in, and for purposes of compliance with, Section 43.002(2) of the Texas Local Government Code. Where this Agreement follows a State Code provision that may conflict with a City Code provision, the State Code provision will apply. The City hereby agrees to provide written notice to the Owner that the City Council of the City has enacted an ordinance approving such annexation. B. IdentiScation of the Property. The Property is described as the property owned by the Owner within the boundaries of the area described in Exhibit A attached hereto and incorporated herein by reference. C. Application of City Planning, Inspection, and Zoning Authority. Upon the execution of this Agreement, the City shall treat the Property as if it is annexed for the purposes of conformance with, and enforcement of, all City regulations on the Property relating to the City's planning, inspection, and zoning authority. Such regulations and planning, inspection, and zoning authority shall apply as they now exist or may hereafter be established or amended, subject to the provisions of Section E hereof. This Agreement shall allow the Owner to submit for approval to the appropriate City department any document related to the Construction including, but not limited to, a deed, plan, specification, plat, application for permit issuance, or zoning application. Subject to the provisions of this Agreement, the Owner consents to the applicability of all regulations and planning, inspection, and zoning authority of the City, and all associated inspection, permit, and administrative fees, including, but not limited to: development regulations; zoning regulations; building, mechanical, plumbing, energy, electrical, and fire codes; building permit requirements; minimum building standard codes; environmental protection and compliance; health codes; and, all other City regulations as they currently exist or may be enacted in the future. Owner agrees that any subdivision plat, or any related development document, filed for the Property with a governmental entity having jurisdiction over the Property will be in conformance with the City's most recently adopted Comprehensive Plan and the City's Subdivision Regulations. Owner agrees that any filing that is not in conformance with the City's Comprehensive Plan or Subdivision Regulations will not be deemed a permit for the purposes of the Texas Local Government Code Chapter 245. 6539765.7 2 The Owner consents to the jurisdiction of the Municipal Court and the Boards and Commissions of the City for the purpose of enforcing City Codes and regulations and prosecuting criminal violations of City regulations on the Property, except as otherwise agreed to herein. D. Water Delivery. The Owner acknowledges that Section 22.03.091(a) of the City Code of Ordinances prohibits the City from providing water to any entity outside of the city limits, and acknowledges that the City will not be providing water to the Property prior to annexation of the Property. However, prior to the effective date of annexation of the Property, at the Owner's request, the City, through its Public Works Director, will work with the Owner in good faith to provide temporary water to the Property until the effective date of such annexation. The Owner will provide all necessary infrastructure on the Property according to Sections 22.03 and 22.05 of the City Code of Ordinances in order to allow the City to provide water to the Property after the Property is annexed by the City. E. Platting, Inspection, Permits and Zoning. This Agreement shall allow the Owner to participate in the City's platting, inspection, permitting and zoning processes prior to the effective date of annexation of the Property and in accordance with the City Code of Ordinances to submit any such plat, inspection and zoning application for approval, to have any such plat, inspection or application processed and considered by the applicable City official, department, commission or board, and if determined acceptable to or approved by the applicable City official, department, commission or board, to obtain the issuance of any such permit. In accordance with Section 43.002 of the Texas Local Government Code, this Agreement constitutes a completed application for the authorization of a proposed land use on the Property, prohibiting the City, both before and after the effective date of the annexation of the Property and regardless of whether this Agreement is in effect or is terminated or has expired pursuant to Section F hereof, from (i) disallowing any lawful use of the Property associated with cotton seed production, including, but not limited to: seed receiving, storage, neutralization, conditioning, treating, packaging, and re - bagging; agricultural uses; dilute sulfuric acid delinting; maintenance shop; quality assurance laboratory; bulk chemical storage area; administrative office; employee breakroom; and, any ancillary activities relating to any of the foregoing uses (collectively, the "Permitted Uses") and (ii) requiring any portion of the Construction to cease after the effective date of the annexation of the Property prior to the issuance of a building permit by the City or the adoption of final zoning regulations governing the use of the Property. However, the City shall not be prohibited from enforcing any regulation on the Property that relates to preventing any use described in Section 43.002(c) of the Texas Local Government Code. F. Term. This Agreement shall automatically terminate on the date which is six months after the effective date of the annexation of the Property, in which case, except with respect to the provisions of Section E hereof which shall survive such termination, neither the City nor the Owner shall thereafter have any obligations under this Agreement, and the Owner and the Property shall be free of and unencumbered by the requirements and restrictions set forth in this Agreement. The Owner and the City hereby agree that the Owner shall have the right to terminate this Agreement prior to the effective date of the annexation of the Property into the City in connection with a withdrawal by the Owner of its voluntary petition for annexation into the City as permitted by Section A hereof, upon written notice by the Owner to the City, in which case neither the City nor the Owner shall thereafter 6539765.7 3 have any obligations under this Agreement, and the Owner and the Property shall be free of and unencumbered by the requirements and restrictions set forth in this Agreement. G. Agreement a Covenant Running With the Land. This Agreement shall be recorded in the Real Property Records of Lubbock County 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, and be enforceable by, the Owner and the City. H. Form and Delivery of Notice. Any notice required or permitted under this Agreement shall be in writing and shall be delivered in hand, by facsimile, or by registered or certified US mail. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid. Either party to this Agreement shall be entitled to change its notice address upon notice to the other party delivered in accordance with the notice provisions hereof. The parties shall receive notice at the following addresses: City of Lubbock: James Loomis, City Manager 1625 131' Street Lubbock, Texas 79457 Owner: Julie Lembeck, Monsanto Company 800 North Lindbergh Boulevard St. Louis, Missouri 63167 With a copy to: Renee Schenk, Monsanto Company 800 North Lindbergh Boulevard St. Louis, Missouri 63167 I. Enforcement. This Agreement may be enforced by the 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 Agreement thereafter. J. Severability. If any provision contained in this Agreement is held to be unconstitutional, invalid or unenforceable, then the remaining provisions shall be deemed severable and shall remain in full force and effect. K. Governmental Powers. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers, except as expressly set forth herein. L. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. M. Recitals. Each of the recitals contained herein, by this reference, shall be incorporated into, and deemed a part of, this Agreement. N. Modification of Agreement. This Agreement cannot be modified or amended without the written consent of all the parties hereto and attached and made a part of this Agreement. O. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue shall be in the state courts located in Lubbock County, Texas or the United States District 6539765.7 4 Court for the Northern District of Texas, Lubbock Division. The City shall not be subject to any arbitration process for any dispute that might arise under this Agreement prior to exercising its unrestricted right to seek judicial remedy. P. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original. IN WITNESS WHEREOF, the parties have signed and executed this Agreement effective as of the date first set forth above. The City The Owner :� z - L3, - Glen C. obertson, Mayor Monsanto Southern Production Co., LLC 'awLZ U). pe�,ti Printed Name Title ATTEST: Reb' (,,ea Garza; Ci y'Secr6t' APP DYED AS TO CON NT: � .YYil1'Ii Loomis, City Manager APPROVED AS TO FORM: Justii Pr itt, Assi tant City Attorney 6539765.7 NOTARIZATION State of Texas § County of Lubbock § n This instrument was executed before me on ,(A 2016, byvwd1 . D, r� vnMe of the City of Lubbock, a Texas municipal corporation, on behalf of said E corporation. State of Ay olln § County of 'V, � low 5 § This instrument was executed before me on CI f/ 4,2016, by %j, t IW , A �- • DATE NAME Nt�iG6Tf �H'1���+�'N� of Monsanto Southern Production Co., LLC, a Delaware limited liability company, on behalf of said company. ao".1%%%O NEP1 When Recorded Return To: City Manager City of Lubbock, 1625 13'" Street Lubbock, Texas Hornevs� ": With Copy To: Monsanto Southern Production Co., LLC Texas Attn: Monsanto Company 800 North Lindbergh Boulevard 79401 St. Louis, Missouri 63167 6539765.7 EXHIBIT A The Property METES AND BOUNDS DESCRIPTION of a 150.00 acre tract of land located in Section 39, Block D, L&SV Railroad Company Survey, Abstract 6, Lubbock County, Texas, being the East 150.00 acres of that same land described as Tract 1 in deed recorded in County Clerk File Number 2007048830, Official Property Records of Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod and cap marked "HUGO REED ASSOC" set in the North line of said Section 39 for the Northwest corner of this tract, which bears S. 88°28'45" E. a distance of 1644.47 feet from a 1/2" iron rod found at the Northwest comer of said Section 39; THENCE S. 88028'45" E., along the North line of said Section 39, a distance of 2441.55 feet to a railroad spike found in the West right-of-way line of Interstate Highway 27 at the Northeast corner of this tract; THENCE S. 01022'14" E., along the West right-of-way line of said I-27, at 50.14 feet pass a 1/2" iron rod with cap marked "STEVENS RPLS 4339" found in reference, continuing for a total distance of 998.02 feet to a 1/2" iron rod with cap marked "HUGO REED ASSOC" set for a corner of this tract; THENCE S. 02047'29" W., continuing along said right-of-way line a distance of 651.95 feet to a 1/2" iron rod with cap marked "HUGO REED ASSOC" set for a corner of this tract; THENCE Southeasterly, continuing along said right-of-way line, along a curve to the left, said curve having a radius of 3994.83 feet, a central angle of 13*30'18", a chord bearing of S. 03°57'38" E., a chord distance of 939.44 feet to a 1/2" iron rod with cap marked "STEVENS RPLS 4339" found at a comer of this tract; THENCE S.10043'14" E., continuing along said right-of-way line a distance of 47.32 feet to a 1/2" iron rod with cap marked "RL SMITH RPLS 3906" found in the South line of the North half of said Section 39 at the Southeast corner of this tract; THENCE N. 88036'34" W., along the South line of said North Half, a distance of 2568.08 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for the Southwest corner of this tract; THENCE N. 01 ° 19'20" E. a distance of 2635.78 feet to the Point of Beginning. FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion County Clerk Lubbock County TEXAS 04/14/2016 03:31 PM FEE: 50.00 2016 12840 6539765.7 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of2 Complete Nos. l - 4 and 6 if there are interested parties. Complete Nos.1, 2, 3, 5, and 6 it there are no Interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-26380 Date Filed: 03/15/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business, Monsanto Southern Production Co., LLC St. Louis, MO United Stales 2 Name of governmental entity or state agency that is a party to tile contract for which the forms being filed. City of Lubbock 3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the goods or services to be provided under the contract. 12712 212.172 Development Agreement 4 Name of Interested Party City, State, Country [place of business) Nature of interest (check applicable) Controlling Intermediary Robertson, Joseph St. Louis, MO United States X Murray, George St. Louis, MO United States X Wagner, Jason St. Louis, MO United States X Lembech, Julia St. Louis, MO United States X Penn, David St. Louis, MO United States X Schenk, Renee St. Louis, MO United States X Davis, Sonya M. St. Louis, MO United States X Gnolfo, Phil M. St. Louis, MO United States X Ringenberg, Nicole M. St. Louis, MO United States X Pires, Marcelle St. Louis, MO United States X Woods, Jennifer L. St. Louis, MO United States X Aiken, Jeffrey H. St, Louis, MO United Stales X Snedden, Dave St. Louis, MO United Slates X Martin, Christopher A. St. Louis, MO United Slates X Forms provided by Texas Ethics Commission www.ethics.stale.bc.us Version V1.0.312 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2 of Complete Nos. I.4 and 6If there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-26380 Monsanto Southern Production Co., LLC St. Louis, MO United States Date Filed: 03/1512016 2 Name of governmental entity or state agency that Is a party to the contract forwhich the forms being filed. City of Lubbock Date Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the goods or services to be provided under the contract. 12712 212.172 Development Agreement 4 Name of interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only If there Is NO Interested Party, ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. P�NX`tOPfI E'PUUr =y % NOTARY SEAL — Signature of authofized agent of contracting business entity �q •. aj.�J2f916`�' • ���. AFFIX NOTARY SAP{ a'•�;" fO'i CICJJ,,STAZEW e ! >`it bel2sl�Prii�e eby -'�• 'h� / L ��ti /y t (-0 mi;LrCIZ— Sworn to and subscribed the said , this the . day of , 20_J-(i , to certify which, witness my hand and seal of office. Signal of officer aclAiltilstering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of2 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-26380 Date Filed: 03/15/2016 Date Acknowledged: 03/17/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Monsanto Southern Production Co., LLC St. Louis, MO United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 12712 212.172 Development Agreement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Robertson, Joseph St. Louis, MO United States x Murray, George St. Louis, MO United States X Wagner, Jason St. Louis, MO United States X Lembech, Julia St. Louis, MO United States X Penn, David St. Louis, MO United States X Schenk, Renee St. Louis, MO United States X Davis, Sonya M. St. Louis, MO United States X Gnolfo, Phil M. St. Louis, MO United States X Ringenberg, Nicole M. St. Louis, MO United States X Pires, Marcelle St. Louis, MO United States X Woods, Jennifer L. St. Louis, MO United States X Aiken, Jeffrey H. St. Louis, MO United States X Snedden, Dave St. Louis, MO United States x Martin, Christopher A. St. Louis, MO United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2 of Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-26380 Date Filed: 03/15/2016 Date Acknowledged: 03/17/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Monsanto Southern Production Co., LLC St. Louis, MO United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 12712 212.172 Development Agreement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said , this the day of , 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312