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HomeMy WebLinkAboutRES 060915-F - 3rd Amend Teravista AgmtA RESOLUTION OF GEORGETOWN,A • r AMENDMENT TO THE CONSENTr L.L.C. RELATING TO THE DEVELOPMENT OF LAND WITHIN WILLIAMSON COUNTYDISTRICT NO. WHEREAS, the City, Owner and Developer desire to enter into a Development Agreement to identify the rights and responsibilities of the parties in regards to development of the Land and construction of the Public Improvements. NOW •RE, BE IT RESOLVED BY THE CITY COUNCILr GEORGETOWN, TEXAS THAT: SECTION 1: The City Council hereby finals that the statements set forth in the preamble of this Resolution are true and correct, and the recitals are hereby incorporated by reference herein and shall have the same force and effect as if set forth in this Section. SECTION 2: The City Council hereby approves a Consent Agreement relating to the Land in substantially the form attached hereto as Attachment 1, and authorizes the Mayor or the Mayor Pro Tem to execute such Agreement on behalf of the City of Georgetown, Texas. SECTION 3. The City Manager, City Attorney; and City Secretary are hereby authorized, empowered, and directed to do and perform all such acts as may be necessary to execute, acknowledge, and deliver in the name of and on behalf of the City of Georgetown, Texas, an Agreement substantially in the form attached hereto as Attachment 1. SECTION 4: It is hereby officially found and determined that the meeting at which this Resolution was considered was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by the Texas Open Meetings Act, Chapter 551, Texas Government Code. SECTION 5: The Mayor is hereby authorized to sign this Resolution and the City Secretary is authorized to attest. This Resolution shall become immediately upon its passage and shall prevail over conflicting provisions in prior Resolutions or City Council, actions, if any. RESOLVED this day of 20 Resolution No. ()(a 0915' F Page 1 of 2 Dale Ross, Mayor Jtt Brettle, City Secretary FWVVWTGQV��i Bridget Chap\City Attorney -- Resolution No. Q(aQj1Ej-!E Page 2 of 2 EK030611 0101 WQX" N 01 no I - THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This Third Amendment to the Consent Agreement ("Third Amendment") is entered into by and among the City of Georgetown, Texas (the "'% a home -rule city located in Williamson County, Texas, NNP-Teravista, L.L.C., a Texas limited liability company, successor- in- interest to NNP -Edwards, L.P., a Texas limited partnership (the "DevelpRe ") and the Williamson County Municipal Utility District No. 15, a district created under Chapters 49 and 54 of the Texas Water Code (the "District"), WHEREAS, the City, the Developer and the District are parties to that certain Consent Agreement approved by the City Council of the City on December 14, 2004 and joined by the District on August 29, 2007 •("QL�ginal Consent A• eemen '), which Original I gr- I I Consent Agreement was amended by that certain First Amendment to Consent Agreement dated effective September 15, 2008 ("First Amendment") and that certain Second Amendment to Consent Agreement dated effective February 11, �O I I ("Secon Jmendmenf') (the Original Consent Agreement, the First Amendment and the Second Amendment are collectively referred to herein as the "Consent Amen7en '), related to tho; development of a 390.08 acre tract of land located in the extraterritorial jurisdiction of th* City-, and WHEREAS, the District now desires to annex certain additional real property intit, boundaries of the District, as provided in Section 2.04 of the Original Consent, and to amend the Master Land Plan, as provided in Section 3.02 of the Original Consent Agreement, tv include -such additional real property, NOW, THEREFORE, in consideration of the forgoing recitals and mutu 2greements set forth herein, and other good and valuable consideration, the recei ,?dequacy and sufficiency of which are all hereby acknowledged, the City, the Develop a the District hereby agree to amend the Consent Agreement as followsi 1.01. Definitions. The definition of "Land" set forth in Article 1, Section 1.01 of t1mr. Consent Agreement is hereby amended to include the following: I a. Include that certain 80.802 acre tract of land located in the City's extraterritorial jurisdiction, described by metes and bounds on Exhibit "A-111, (Tract 1). Additionally, the City hereby consents to the Developer and the District, in the future, annexing that certain 21.00 acre tract of land described by metes and bounds on Exhibit "A-21' (Tract 2) ("Additional Land'). No further action on the part of the City to evidence the City's consent to the annexation of the Additional Land into the District boundaries will fW0635073.10) be required; however, the City agrees to provide confirmation of its consent to any subsequent boundary adjustment for the annexation of the Additional Land if requested to -to so by the Developer or the District. bde that certain 2.5 acre tract of land more particularly described I-% metes and bounds on Exhibit "A-311 ("Excluded Tract"), which is proposed to be used the City for a fire station. 3.01. Master Land Plan. Section 3.01 of the Consent Agreement is hereby deleted in its entirety and replaced with the following: "The City hereby approves the revised Master Land Plan attached Exhibit "B". dated June 9, 2015. The City acknowledges that the Mast Land Plan complies with the City's Comprehensive Plan, as amended, a I approves the land uses, densities, and roadway alignments and sizinghos s on the Master Land Plan, as revised, City and Developer acknowledge and agree that Tract I and Tract 2 will primarily consist of single-family development, and the homes on such property will be constructed in general conformity with the "Sample Community Requirements for Home Construction Within Teravistaa copy of which is attached as Exhibit "H",, City and Developer agree that such single-family development will comply with the "601050 RS - Residential Single-family District" lot and dimensional standards. Notwithstanding anything contained herein to the contrary, City and Developer acknowledge and agree that development within "Pod Q" may be developed as single- family (RS) or Townhouse District ("6,03.070 TH — Townhouse Districf'), with a maximum of six dwelling units per structure. The non-residential tracts shown as "Z F and "Z2" within the Master Land Plan, including the elementary school site, shall be designed, at a i-,ninimum, to meet the City's Unified Development Code (UDC), site and building design and landscape standards effective on the date of the Original Consent Agreement. Additionally, in an effort to maintain project consistency, all utility and right-of-way and street configurations within Tract I and Tract 2 shall be consistent with the previously developed areas of Teravista (within the City extraterritorial jurisdiction). Specifically, the street section design for local streets, per the current UDC is 28' BC -BC (with parking restricted on one side), which is a consistent with the previously developed sections of Teravista." {W0635073.10) 2 Section 5.01 of the Consent Agreement is hereby amended to include the following additional provisions: A. Developer will extend the waterline from the easterly boundary line of Tract 1 (near Highway 1460) to the waterline system of La Conterra (westerly line along Highway 1460). B. Developer will construct and install a collector -level road on the Tract I/Tract 2, such road being shown on the Master Land Plan attached as Exhibit "B". ,fi. 0 3 Electric Services. Section 6.01 of the Consent Agreement is hereby amended to include the followina additional sentence: City, Developer and District agree that the Georgetown Utility System (GUS) will provide electric services for the development of Tract I and Tract 2. 6.04 Fire Protection Services. Section 6.04 of the Consent Agreement is hereby amended to include the following additional provisions: The City will have two years after the Effective Date hereof to elect, by written notice to Developer, to -use the Excluded Tract for a fire station, Developer will provide written notice to the City no later than 90 days prior to the two year deadline. If City makes such election within the two year period, Developer will dedicate the Excluded Tract to the City, in a form reasonably acceptable to City and Developer. In the event City fails to make the election within the two year period, the City will have no ftirther rights with respect to the erNO for commercial use in a fashion similar to Tract Z2. The City may elect to an x the Excluded Tract whether the property develops as a fire station or as a commercial use. 7.01. Park Land Dedication and Improvements. Section 7.01 of the Consent Agreement is hereby amended to include the following additional provisions: "Developer hereby agrees to construct and install certain parkland improvements within a portion of the previously dedicated 25.0 -acre Community Parkland Dedication (herein so called) (Area "A" as indicated on amended Master Plan). The parkland improvements are planned to contain a community splash pad area (approximately 3,000 square feet of surface area) with signature splash elements, shade structures, a parking area, rest room facility, open play fields, a V2 -mile trail loop, outdoor fitness equipment (along the trail loop), a passive interpretive butterfly garden and trailhead connectivity to the community, such parkland improvements being generally depleted on the attached Exhibit "G" 1W0635073.101 3 81 e i Road Improvements. Section1 of the Consent Agreement•`r to include the following additional provision: ccf A Traffic Impact Analysis (TIA) for Tract I and Tract 2 will completed and be approved by the Ci -prior to any development per ity on e: d a: include9.02. Vestin2 of Rights. Section 9.02 of the Consent Agreement is hereby amended to following .id i Notwithstanding anything in the Consent Agreement or this Third Amendment to the contrary, Developer acknowledges and agrees that development of Tract 1 and Tract 2 must comply with the City's 2015 Unified Development Code. 11.01. Miscellaneous. A. Except as specifically amended herein, all provisions of the Consent Agreement are hereby acknowledged and ratified by the parties hereto to be in full force and effect. (W063507110) 4 B. Unless defined differently herein or the context clearly requires otherwise, each capitalized term used in this Third Amendment shall have the meaning ascribed to such term in the Consent Agreement. C. This Third Amendment may be executed in several counterparts, each of which shall be deemed an original. The signatures to this Third Amendment may be executed on separate pages, and when attached to this Third Amendment shall constitute one (1) complete document. DThe parties agree that this Third Amendment shall be recorded in the Real Property Records of Williamson County, Texas at the expense of the Developer. E. The following exhibits are attached to this Third Amendment and incorporated herein by reference: Exhibit A-]: Description of Tract I Exhibit A-2: Description of Tract 2 Exhibit A-3: Description of the Excluded Tract Exhibit B: Third Amended Master Land Plan Exhibit G: Depiction of Parkland Improvements Exhibit H: Sample Community Requirements for Home Construction Within Teravista Any exhibit to the Consent Agreement not listed above will remain unchanged and in full force and effect. {W063507110} 5 EXECUTED this the 0 by Texas, a •, city, on behalf of the City, 2015 ("Effective Date") — day of 2015, of the City of Georgetown, Notary Public Signature Printed Name: My Commission Expires: fW0635073.101 6 DEVELOPER: NNP -TE VISTA, L.L.C., a Texas limited liability company THE STATE OF § COUNTY OF § This instrument was acknowledged before me on this day of '2015, by of NNP- Teravista, L.L.C, a Texas limited liability company. (Seal) fW0635073,10) 7 FITVWV-W�� MI THE STATE OF TEXAS COUNTY OF TRAVTS —1 Kristin Deloney, President Board of Directors This instrument was acknowledged before me on 2015, by Kristin Deloney, President of Williamson County Municipal Utility District No. political subdivision of the State of Texas, on behalf of the District. (seal) (W0635073.10) { W0635073.10 ) IAw: 1.I (I Iji�d•i rI Ir iffiiii 1,11,11 ffimmm {W0635073.101 10 {W0635073.10) { W0635073.101 ! 1W0635073,10) CONSTRUCTION .. • C C { W0635073.10 }