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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)