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Home My WebLink AboutRES 042820-AD - Agrmt W. Wilco MUDRESOLUTION NO. 04222-o - AD A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS APPROVING THE SECOND AMENDMENT TO THE CONSENT AGREEMENT BY AND BETWEEN THE CITY OF GEORGETOWN, TEXAS, WEST WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 1, AND OAKS AT SAN GABRIEL, L.L.C., REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Oaks at San Gabriel, L.L.C. ("Oaks") is the developer of that certain property described in Document Nos. 2007035434 and 2007035435 of the Official Records of Williamson County, consisting of approximately 397.768 acres of land known locally as the Oaks at San Gabriel Subdivision (the "Land"). WHEREAS, on November 29, 2007, the City approved a Consent Agreement, to which became effective on December 4, 2007, and which was recorded in the Official Records of Williamson County, Texas as Document No. 2008090290, and was subsequently amended by the First Amendment to Consent Agreement, effective March 1, 2011, which was recorded in the Official Records of Williamson County as Document No. 2011017941 (collectively, as amended, the "Consent Agreement"). WHEREAS, by Resolution dated January 8, 2008, the City Council approved a name change for the municipal utility district from "Williamson County Municipal Utility District No. 23" to "West Williamson County Municipal Utility District No. 1" (because the former name was already taken), and said Resolution was recorded in the Official Records of Williamson County, Texas as Document No. 2008090291. WHEREAS, West Williamson County Municipal Utility District No. 1 was created on June 13, 2008 by order of the Texas Commission on Environmental Quality ("TCEQ") and the District executed the Consent Agreement on August 19, 2009. WHEREAS, the City, Oaks, and the District desire to amend the Consent Agreement to: (a) Increase the Bond Limit Amount from $25,825,000 to $35,000,000; (b) require Oaks to use $1,000,000 of the Bond proceeds to fund the design, permitting, construction and installation of recreational facilities within the District to serve the residents of the District; (c ) update name of provider of water services from CTSUD to the City; and (d) update addresses for notice. ResolutionNo.,oLi Z22-0 - Second Amendment to Consent Agreement - West Williamson County MUD No. 1 (Oaks at San Gabriel Subdivision) Page 1 of 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: Section 1: The foregoing recitals are true and correct and are incorporated into this Resolution in full by this reference. Section 2: The "Second Amendment to the Consent Agreement" by and between the City of Georgetown, Texas, West Williamson County Municipal Utility District No. 1, and Oaks at San Gabriel, L.L.C. (the "Second Amendment") in substantially the form attached hereto as Attachment 1, is hereby approved; the Mayor is authorized to sign the Second Amendment and the City Secretary to attest. Section 3: All ordinances and resolutions, or parts of resolutions and ordinances, that are in conflict with this Resolution are hereby repealed and are no longer in effect. Except as expressly amended by this Resolution or by the Second Amendment, all prior ordinances and resolutions pertaining to the Consent Agreement remain in full force and effect. Section 4: The Mayor of the City of Georgetown is hereby authorized to sign this Resolution and the City Secretary of the City of Georgetown to attest. Section 5: This Resolution shall become effective on its final passage. PASSED AND APPROVED on the 7.1 day of 2020. List of Attachments: Attachment 1— Second Amendment to Consent Agreement CITY OF GEORGETOWN, TEXAS (--y" r(�6� Dale Ross, Mayor ATTEST: Robyn Densmore, City Secretary Resolution No. 4 Z2 U — Second Amendment to Consent Agreement - West Williamson County MUD No. 1 (Oaks at San Gabriel Subdivision) Page 2 of 2 SECOND AMENDMENT TO CONSENT AGREEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § This Second Amendment to the Consent Agreement (this "Second Amendment") is entered into by and among the City of Georgetown, a Texas home rule municipal corporation (the "City"), Oaks at San Gabriel, L.L.C., a Texas limited liability company ("Oaks" and the "Developer"), and West Williamson County Municipal Utility District No. 1, a water conservation district created and operating pursuant to Chapters 49 and 54 of the Texas Water Code (the "District'). RECITALS WHEREAS, Oaks is the developer of that certain property described in Document Nos. 2007035434 and 2007035435 of the Official Records of Williamson County, consisting of approximately 397.768 acres of land (the "Land"); and WHEREAS, on November 29, 2007, the City approved the Consent Agreement, effective as of December 4, 2007, which was recorded in the Official Records of Williamson County as Document No. 2008090290, as amended by the First Amendment to Consent Agreement, effective March 1, 2011, which was recorded in the Official Records of Williamson County as Document No. 2011017941 (as amended, the "Consent Agreement'); and WHEREAS, the City Council of the City by Resolution dated January 8, 2008 approved the amendment of the name of the proposed municipal utility district from "Williamson County Municipal Utility District No. 23" to "West Williamson County Municipal Utility District No. 1" and such Resolution was recorded in the Official Records of Williamson County as Document No. 2008090291; and WHEREAS, the District was created on June 13, 2008, by order of the Texas Commission on Environmental Quality ("TCEQ") and executed the Consent Agreement on August 19, 2009; and WHEREAS, the parties desire to amend the Consent Agreement as set forth herein; NOW, THEREFORE, in consideration of the foregoing recitals and mutual agreements set forth herein, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are all hereby acknowledged, the City, Oaks and the District hereby agree to amend the Consent Agreement as follows: (W0937140.11 ARTICLE I. 1.0. Section 4.01. Water Services, is hereby deleted and replaced with the following: Section 4.01. Water Services. Retail water service to the District shall be provided by the City in accordance with an agreement between the City and the Developer. 1.1. Section 5.02. Amount of Bonds, is hereby deleted and replaced with the following: Section 5.02. Amount of Bonds. In consideration of the City's consent to the creation of the District, the District agrees that the total amount of Bonds issued by the District for all purposes shall not exceed THIRTY FIVE MILLION U.S. DOLLARS ($35,000,000) (the "Bond Limit Amount") for all purposes. The City, Developer, and the District acknowledge and agree that the Bond Limit Amount is sufficient to accomplish the purposes of the District, and that the Developer and the District have voluntarily agreed to the Bond Limit Amount. Further, the Developer agrees to utilize ONE MILLION U.S. DOLLARS ($1,000,000) of the proceeds of the Bonds received by the Developer to fund the design, permitting, construction and installation of recreational facilities within the District to serve the residents of the District. 1.2. Section 8.01. Notice, is hereby modified and amended to delete the contact information for the parties and replace such information with the following: City: City of Georgetown 808 Martin Luther King Street Georgetown, Texas 78626 Attn: City Manager Phone: (512) 930-3652 with copies to: City of Georgetown City Attorney P.O. Box 409 Georgetown, Texas 78627 Phone: (512) 930-3652 Oaks: Oaks at San Gabriel, L.L.C. c/o Hearthstone, Inc. 24151 Ventura Boulevard Calabasas, California 91302 Attn: Steven C. Porath Phone: (818) 385-3697 Fax: (818) 826-5955 (W0937140.1) 2 with copies to: Oaks at San Gabriel, L.L.C. c/o Hearthstone, Inc. 24151 Ventura Boulevard Calabasas, California 91302 Attn: Todd Rosa Phone: (949) 954-1923 Fax: (818) 826-5955 with copies to: Oaks at San Gabriel, L.L.C. c/o Harris & Straub, LLC 311 University Drive, Suite 101 Fort Worth, Texas 76107 Attn: James R. Harris Phone: (817) 332-0027 Fax: (817) 332-1400 with copies to: Oaks at San Gabriel, L.L.C. c/o Harris & Straub, LLC 4408 Spicewood Springs Road Austin, Texas 78759 Attn: Joseph W. Straub Phone: (512) 231-1555 Fax: (512) 231-8955 with copies to: Armbrust & Brown, PLLC 100 Congress Avenue, Suite 1300 Austin, Texas 78701 Attn: Kevin M. Flahive Phone: (512) 435-2333 Fax: (512) 435-2360 ARTICLE II 2.0 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. 2.1 Unless defined differently herein or the context clearly requires otherwise, each capitalized term used in this Second Amendment shall have the meaning ascribed to such term in the Consent Agreement. 2.2 This Second Amendment may be executed in several counterparts, each of which shall be deemed an original. The signatures to this Second Amendment may be executed on separate pages, and when attached to this Second Amendment shall constitute one (1) complete document. 2.3 The parties agree that this Second Amendment shall be recorded in the Real Property Records of Williamson County, Texas at the expense of Oaks. { W 0937140.1 } 3 ` 1N- EXECUI'ED this then_ day of 12020. CITY OF GEORGETOWN OAKS AT SAN GABRIEL, L.L.C., a Texas limited liability company Y� BY�0 B HEARTHSTONE, INC., a California Dale Ross, Mayor corporation, d/b/a in Texas as Hearthstone Advisors, Inc., its Manager ATTEST: By: By: Steven C. Porath, Senior Vice Z"A Robyn 15eiismore, City Secretary President & General Counsel APPROVED AS TO FORM: APPROVED AS TO FORM: B v�- B Y� Y• Charlie McNabb, City Attorney Kevin M. Flahive, Attorney for Oaks at San Gabriel, L.L.C. WEST WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. I LIM Kathryn (Katie) Hutcheson President, Board of Directors ATTEST: Herbert (Trey) Dickehut, III Secretary, Board of Directors APPROVED AS TO FORM: as (W0937140.1) 4 Kevin M. Flahive, Attorney for West Williamson County Municipal Utility District No. I THE STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On , 2020, before me, . a Notary Public, personally appeared Steven C. Porath who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public [Seal] STATE OF TEXAS § § CORPORATE ACKNOWLEDGEMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this day of S. 2020, by Dale Ross, a person known to me, in his capacity as Mayor of the City of Georgetown, Texas, a Texas home -rule municipal corporation, on behalf of said municipality. [SEAL] STATE OF TEXAS § COUNTY OF WILLIAMSON § Notary Public, State of Texas This instrument was acknowledged before me on the day of , 2020, by Kathryn (Katie) Hutcheson, President of West Williamson County Municipal Utility District No. 1, a district operating under Chapters 49 and 54 of the Texas Water Code. [SEAL] Notary Public, State of Texas { W0937140.11 5