HomeMy WebLinkAboutORD 2021-42 - Sun City Dev AgreementORDINANCE NO. -7,0-1,1 -L4 7-
AN ORDINANCE OF THE CITY COUNCIL OF GEORGETOWN, TEXAS
APPROVING THE TWELFTH AMENDMENT TO DEVELOPMENT
AGREEMENT BETWEEN THE CITY AND DEL E. WEBB DEVELOPMENT
CO., L.P., CONCERNING THE DEVELOPMENT OF SUN CITY, TEXAS;
REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS;
INCLUDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Del Webb Texas Limited Partnership, as successor in interest to Del E. Webb
Development Co., L.P., and the City are parties to that certain Development Agreement
Concerning Proposed Subdivision and Construction of Master Planned Community by Del E.
Webb Development Co., LLP dated February 14, 1995, and amended by the First Amendment
to Development Agreement dated December 12, 1995, Second Amendment to Development
Agreement dated September 23, 1997, Third Amendment to Development Agreement dated
November 10,1998, Fourth Amendment to Development Agreement dated September 28, 1999,
Fifth Amendment to Development Agreement dated May 24, 2000, Sixth Amendment to
Development Agreement dated February 27, 2001, Seventh Amendment to Development
Agreement dated June 1, 2003, Eighth Amendment to Development Agreement dated May 30,
2006 ("Eighth Amendment"), Ninth Amendment to Development Agreement dated May 27,
2009, Tenth Amendment to Development Agreement dated July 29, 2009, and Eleventh
Amendment to Development Agreement dated October 27, 2014 (collectively, the
"Development Agreement") relating to the development of approximately 4,065.2 acres of land
situated in the City in a subdivision known as "Sun City Georgetown," which the same land
referred to as the "Del Webb Sun City Land" in the Eighth Amendment and described by metes
and bounds therein (the "Property").
WHEREAS, Del Webb has requested to increase the maximum number of residential units
allowed on the Property from 7,500 to 7,575, all of which would be age -restricted to persons age
55 and older.
WHEREAS, the City and Del Webb wish to enter into the Twelfth Amendment to state
that the "Project" includes the development of 7,575 age -restricted residential units at full
build -out on the Property; acknowledge the City's approval of the Tenth Amended Concept
Plan attached to the Twelfth Amendment as Exhibit "A"; address SIP fees, water and
wastewater utility capacity, and traffic impacts related to adding 75-age restricted units on the
Property; and state that the existing PUD Standards are applicable to the additional 75
residential units.
Ordinance No. UZ. l ^ 1 { 2-
Approving Twelfth Amendment to the Development Agreement
Concerning Sun City Page 1
(Attachment 1 and related exhibit attached)
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT:
Section 1. The meeting at which this Ordinance was approved was in all things conducted
in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 in effect
at the time of its adoption.
Section 2. The facts and recitations contained in the preamble of this Ordinance are hereby
found and declared to be true and correct and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance
complies with the Vision Statement of the City of Georgetown 2030 Comprehensive Plan.
Section 3. The "Twelfth Amendment to Development Agreement" concerning the Sun
City subdivision, in substantially the form attached hereto as Attachment 1, is hereby approved
by the City Council and incorporated into this Ordinance for all purposes by this reference.
Section 4. If any provision of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are hereby declared to be severable.
Section 5. The Mayor is hereby authorized to execute this Ordinance and the "Twelfth
Amendment to Development Agreement" in substantially the form attached here to as
Attachment 1, and the City Secretary to attest. The "Twelfth Amendment to Development
Agreement" and this Ordinance shall become effective in accordance with the provisions of the
Charter of the City of Georgetown.
Attachments:
Attachment 1 — Twelfth Amendment to Development Agreement, including the following
exhibit:
Exhibit A Tenth Amended Concept Plan
Ordinance No. I D2I - 4 7-
Approving Twelfth Amendment to the Development Agreement
Concerning Sun City
Page 2
(Attachment 1 and related exhibit attached)
PASSED AND APPROVED ON FIRST READING ON THE 8TH DAY OF JUNE , 2021.
PASSED AND APPROVED ON SECOND READING ON THE 22nd DAY OF JUNE 2021.
ATTEST:
Robyn Densmore, City Secretary
APPROVED AS TO FORM:
Skye 4aAon, City Attorney
THE CITY
Josh
Ordinance No.. /-D k - Z
Approving Twelfth Amendment to the Development Agreement
Concerning Sun City
RGETOWN:
Page 3
(Attachment 1 and related exhibit attached)
STATE OF TEXAS § TWELFTH AMENDMENT TO
§ DEVELOPMENT AGREEMENT
COUNTY OF WILLIAMSON § WITH DEL E. WEBB DEVELOPMENT
§ CO., L.P., CONCERNING THE
CITY OF GEORGETOWN § DEVELOPMENT OF SUN CITY TEXAS
This Twelfth Amendment to Development Agreement (the "Twelfth
Amendment") is entered into as of the Effective Date specified below, by and between
the City of Georgetown, a Texas Home Rule Municipal Corporation ("City") and Del
Webb Texas Limited Partnership, an Arizona limited partnership ("Del Webb").
WHEREAS, Del Webb Texas Limited Partnership, as successor in interest to Del
E. Webb Development Co., L.P., and the City are parties to that certain Development
Agreement Concerning Proposed Subdivision and Construction of Master Planned
Community by Del E. Webb Development Co., LLP dated February 14, 1995, and
amended by the First Amendment to Development Agreement dated December 12,1995,
Second Amendment to Development Agreement dated September 23, 1997, Third
Amendment to Development Agreement dated November 10, 1998, Fourth Amendment
to Development Agreement dated September 28, 1999, Fifth Amendment to
Development Agreement dated May 24, 2000, Sixth Amendment to Development
Agreement dated February 27, 2001, Seventh Amendment to Development Agreement
dated June 1, 2003, Eighth Amendment to Development Agreement dated May 30, 2006
("Eighth Amendment"), Ninth Amendment to Development Agreement dated May 27,
2009, Tenth Amendment to Development Agreement dated July 29, 2009, and Eleventh
Amendment to Development Agreement dated October 27, 2014 (collectively, the
"Development Agreement") relating to the development of approximately 4,065.2 acres
of land situated in the City in a subdivision known as "Sun City Georgetown," which the
same land referred to as the "Del Webb Sun City Land" in the Eighth Amendment and
described by metes and bounds therein (the "Property").
WHEREAS, Del Webb has requested to increase the maximum number of
residential units allowed on the Property from 7,500 to 7,575, all of which are age -
restricted to persons age 55 and older.
WHEREAS, the City and Del Webb wish to enter into this Twelfth Amendment to
state that the "Project" includes the development of 7,575 age -restricted residential units
at full build -out on the Property; acknowledge the City's approval of the Tenth Amended
Concept Plan attached to this Twelfth Amendment as Exhibit "A address the SIP fees,
water and wastewater utility capacity, and traffic impacts related to adding 75-age
Twelfth Amendment to Development Agreement — Sun City Page 1 of 5
(exhibit attached)
restricted units on the Property; and state that the existing PUD Standards are applicable
to the additional 75 residential units.
NOW, THEREFORE, for and in consideration of the promises and mutual
agreements set forth therein, the City and Del Webb hereby agree as follows:
1. Tenth Amended Concept Plan; Maximum Number of Residential Units. The City
Council hereby approves the Tenth Amended Concept Plan for 4,065.2 acres of land
in the form attached hereto as Exhibit "A". The Tenth Amended Concept Plan is
hereby substituted as the Concept Plan under the Development Agreement in lieu of
the Ninth Amended Concept Plan. Consistent with the Tenth Amended Concept Plan,
the maximum number of residential dwelling units allowed on the Property is
increased by seventy-five dwelling units, from 7,500 to 7,575, all of which must be age
restricted to persons age 55 and older.
2. Develol2ment Regglations. The City agrees that, notwithstanding anything to the
contrary in Paragraph 9(1) of the Development Agreement, the Development
Regulations in effect as of the date Del Webb submitted its application for the Sixth
Amended Concept Plan (November 1, 1999), as modified in the Eighth Amendment,
shall continue to govern the development of the Project.
3. Revised SIP Fees for 5 0015t — 7 575th Units. For each residential unit building permit
within the Del Webb Sun City Land, beginning with the 5,0015t residential dwelling
unit and continuing up to the 7,575th residential dwelling unit, Del Webb shall pay the
following:
a. A water/wastewater SIP Fee -
i. For the 5,0015t - 7,50011, residential units —a water/wastewater SIP Fee in
the amount stated in Section 1(A) of the Eighth Amendment; and
ii. For the 7,5015t- 7,575th residential units — a Water SIP Fee and Wastewater
SIP Fee in amounts equal to the City's water impact fee and wastewater
impact fee, respectively, in effect under the City of Georgetown Code of
Ordinances when the preliminary plat application(s) including said
number of residential units is deemed complete under the UDC.
Developer hereby acknowledges and agrees that amounts of the City's
water impact fee and wastewater impact fees may be amended or
revised from time to time by the City Council in their sole discretion in
conformance with Chapter 395 of the Texas Local Government Code;
and
b. plus A Fire SIP Fee in the amount stated in Section 1(B) of the Eighth
Twelfth Amendment to Development Agreement — Sun City Page 2 of 5
(exhibit attached)
Amendment; and
c. plus, a Parkland Fee as follows:
i. For the 5,001st - 7,5001h residential units — the Parkland Fee per
residential unit in the amount stated in Section 1(C)) of the Eighth
Amendment; and
ii. For the 7,5015t- 7,575th residential units — A Parkland Fee equal to Eight
Hundred Twenty -Five Dollars ($825) per unit.
4. Potable Water and Wastewater Treatment Ca aci . Notwithstanding anything to
the contrary in the Development Agreement, the City agrees to provide water and
wastewater utility service to the 7,5015t — 7,5751h residential units on substantially the
same terms as provided to the other residential units in the Project.
5. Miscellaneous. Except as expressly modified by this Twelfth Amendment, the
Development Agreement remains unchanged and in full force and effect. All
capitalized terms used herein and not otherwise defined herein shall have the same
meaning ascribed to them in the Development Agreement. This Twelfth Amendment
may be executed in multiple counterparts, each of which shall be deemed an original.
The foregoing recitals to this Twelfth Amendment are hereby found to be true and
correct and are incorporated herein for all purposes.
This Twelfth Amendment is made to be effective on the latest date accompanying
the signatures of the Parties' duly authorized representatives appearing below ("Effective
Date").
Exhibit List:
Exhibit A — Tenth Amended Concept Plan
(The remainder of this page is intentionally left blank. Signature pages follow.)
Twelfth Amendment to Development Agreement — Sun City Page 3 of 5
(exhibit attached)
ATTEST:
Robyn Densmore, City Secretary
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
The City of Georgetown, Texas:
0
Name: Josh Schroeder
Title: Mayor
APPROVED AS TO FORM:
Skye Masson, City Attorney
ACKNOWLEDGMENT
This instrument was acknowledged before me on this the clay of
2021, by Josh Schroeder, a person known to me, in his capacity
as Mayor of the City of Georgetown, a Texas Home Rule Municipal Corporation, on behalf
of the City of Georgetown.
Notary Public in and for the State of
Texas
Twelfth Amendment to Development Agreement — Sun City Page 4 of 5
(exhibit attached)
Del Webb Texas Limited Partnership:
By: Del Webb Southwest Co.
Its: General Partner
1-2
Name:
Title:
STATE OF §
§ ACKNOWLEDGMENT
COUNTY OF §
This instrument was acknowledged before me on this the
day of 2021, by I a
person known to me, in his capacity as Vice President of Del Webb Southwest Co., the
general partner of Del Webb Texas Limited Partnership, on behalf of said limited
partnership.
Notary Public in and for the State of
Twelfth Amendment to Development Agreement — Sun City Page 5 of 5
(exhibit attached)