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HomeMy WebLinkAboutRES 012522-O - 2nd Amend to AgreementRESOLUTION NO. Di. �2-'0 A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS, APPROVING THE "SECOND AMENDMENT TO CONSENT AGREEMENT" BETWEEN THE CITY, ZAMIN, L.P., AND WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 30; MAKING CERTAIN FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, effective December 5, 2014, Owner and the City entered into that certain "Consent Agreement" pertaining to the creation of the District in the City's extraterritorial jurisdiction and to the development of approximately 284 acres of land (+/-) within the boundaries of the District, known locally as the Crescent Bluff Subdivision, which agreement is recorded in the Official Public Records of Williamson County, Texas as Document No. 2015001494 (the "Original Agreement"). WHEREAS, effective July 6, 2018, the Parties entered into that certain "First Amendment to Consent Agreement" (the "First Amendment"), recorded in the Official Records of Williamson County, Texas as Document No. 2018070636, adding 3 acres of land to the District; amending the Land Plan; amending the Land Development Standards; Parkland, Open Space, and Trails Plan; adding Fire Access Road provisions, and amending certain Bond provisions. The Original Agreement and the First Amendment are referred to collectively herein as the "Consent Agreement." WHEREAS, Section 2.03 of the Consent Agreement, relating to the timing of the Bridge Payment, provides that, under current circumstances, the total Bridge Payment ($1,000,000) is due on January 31, 2022. WHEREAS, Owner has requested that the Consent Agreement be amended to allow payment of the first one-half of the total Bridge Payment on the original due date of January 31, 2022, and postponement of payment of the second one-half of the total Bridge Payment until December 31, 2023. WHEREAS, Pursuant to that certain "Parkside at the River Development Agreement" between City of Georgetown, Texas; HM Parkside L.P.; and HM CR 176-2243 L.P. dated November 19, 2019 recorded under Document No. 2019117041 in the Official Public Records of Williamson County, Texas (the "Parkside Development Agreement") pertaining to development of a project immediately west of, adjacent to, and connected to the District via local streets, the owner/developer entities under the Parkside Development Agreement are required to commence construction of a Bridge across the Resolution No. O �"ZZ- 0 Williamson County MUD 30 (Crescent Bluff Subdivision) Second Amendment to Consent Agreement Page 1 of 3 South San Gabriel River (enabling a connection between FM 2243 and SH 29) not later than November 19, 2026; the City is required to make the Bridge Payment available to the constructing Parkside entity to fund a portion of the Bridge costs; and the City is required to notify and allow comment by the Parkside entities on any proposal to reduce or delay the Bridge Payment. By letter dated January 11, 2022 the City provided such notice and opportunity to comment to the Parkside entities; and as of the date this document was prepared, the Parkside entities have not objected to the proposal to delay payment of one- half of the total Bridge Payment until December 31, 2023. WHEREAS, the Parties also desire to amend Section 7.02(b) of the Consent Agreement to clarify when Owner or District must commence design of the River Trail. The 12-month deadline to complete the River Trail set forth in Section 7.02(c) of the Consent Agreement would remain unchanged. WHEREAS, The Parties intend that the purpose of the Second Amendment is to set out the mutually agreeable terms and conditions relating to the foregoing matters. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: 1. The City Council hereby finds that the foregoing recitals are true and correct and the recitals are hereby incorporated into this Resolution for all purposes as set forth in full. 2. The City Council hereby approves the Second Amendment to the Consent Agreement attached hereto as Exhibit A. 3. The Mayor is authorized to sign this Resolution and the Second Amendment to Consent Agreement attached hereto as Exhibit A and the City Secretary is authorized to attest. 4. This Resolution shall be effective immediately upon its adoption. Attachment: Exhibit A (the Second Amendment to Consent Agreement) PASSED AND APPROVED on the 25 11-- day of 2022. CITY OF GEORGF,X`flWN, TEXAS Resolution No. 0\ 'X5 ZZ' 6 Williamson County MUD 30 (Crescent Bluff Subdivision) Second Amendment to Consent Agreement Page 2 of 3 ATTEST: By: 2a"jp Robyn ensmore, City Secretary APPROVED AS TO FORM: By: Sky M-ass6, City Attorney STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me the day of 202X by Josh Schroeder, Mayor of the City of Georgetown, Texas, a e-rule c , on behalf of the City. (seal) SAY °Uo KAREN FROST Notary ID # 1053608-4 My Commission Expires aF May 24, 2024 Resolution No. O 19%5 Z2 ^ -0 Williamson County MUD 30 (Crescent Bluff Subdivision) Second Amendment to Consent Agreement Page 3 of 3 By: --�ee�L� Notary Public, State off Tex Printed Name: 2022012784 AGR Total Pages: 8 mill 1 1 NA10,11' RllAiV' 11MF N0111 11111 SECOND AMENDMENT TO CONSENT AGREEMENT BY AND BETWEEN: THE CITY OF GEORGETOWN, TEXAS AND ZAMIN, L.P., AND WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO.30 DATE, Iowa nj 1-5- 2022 SECOND AMENDMENT TO CONSENT AGREEMENT THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This Second Amendment to Consent Agreement (the "Second Amendment") is entered into by and among the City of Georgetown, Texas (the "City"), a home -rule city located in Williamson County, Texas; ZAMIN, L.P., a Texas limited partnership, 6002 Camp Bullis Rd., San Antonio, TX 78257 (the "Owner"); and Williamson County Municipal Utility District No. 30, a municipal utility district created pursuant to Article XVI, Section 59 of the Texas Constitution and under Chapters 49 and 54 of the Texas Water Code (the "District). The City, the Owner, and the District are sometimes referred to herein collectively as the "Parties." ARTICLE 1. INTRODUCTION 1.01 On December 5, 2014, Owner and the City entered into that certain "Consent Agreement" pertaining to the creation of the District in the City's extraterritorial jurisdiction and to the development of approximately 284 acres of land (+/-) within the boundaries of the District, known locally as the Crescent Bluff Subdivision, recorded in the Official Public Records of Williamson County, Texas as Document No. 2015001494 (the "Original Agreement"). 1.02 Effective July 6, 2018, the Parties entered into that certain "First Amendment to Consent Agreement" (the "First Amendment"), recorded in the Official Records of Williamson County, Texas as Document No. 2018070636 adding 3 acres of land to the District , updating the Land Plan, and amending the Land Development Standards; Parkland, Open Space, and Trails Plan; adding Fire Access Road provisions, and amending certain Bond provisions. The Original Agreement and the First Amendment are referred to collectively herein as the "Consent Agreement." 1.03 Section 2.03 of the Consent Agreement, relating to the timing of the Bridge Payment, provides that, under current circumstances, the total Bridge Payment ($1,000,000) is due on January 31, 2022. 1.04 Owner has requested that the Consent Agreement be amended to allow it to pay the first one-half of the total Bridge Payment on the original due date of January 31, 2022 Second Amendment to Consent Agreement Williamson County MUD 30 (Crescent Bluff Subdivision) Page 1 of 7 and be allowed to postpone payment of the second one-half of the total Bridge Payment until December 31, 2023. 1.05 Pursuant to that certain "Parkside at the River Development Agreement" between City of Georgetown, Texas; HM Parkside L.P.; and HM CR 176-2243 L.P. dated November 19, 2019 recorded under Document No. 2019117041 in the Official Public Records of Williamson County, Texas (the "Parkside Development Agreement") pertaining to development of a project immediately west of, adjacent to, and connected to the District via local streets, the owner/developer entities under the Parkside Development Agreement are required to commence construction of a Bridge across the South San Gabriel River (enabling a connection between FM 2243 and SH 29) not later than November 19, 2026; the City is required to make the Bridge Payment available to the constructing Parkside entity to fund a portion of the Bridge costs; and the City is required to notify and allow comment by the Parkside entities on any proposal to reduce or delay the Bridge Payment. By letter dated January 11, 2022, the City provided such notice and opportunity to comment to the Parkside entities; and on January 12, 2022, Mr. Blake Magee, representing the Parkside entities, replied, via electronic communication, they do not object to the proposal to delay payment of one-half of the total Bridge Payment until December 31, 2023. 1.06 The Parties also desire to amend Section 7.02(b) of the Consent Agreement to clarify when Owner or District must commence design of the River Trail. The 12-month deadline to complete the River Trail set forth in Section 7.02(c) of the Consent Agreement would remain unchanged. 1.07 The Parties intend that the purpose of this Second Amendment is to set out the mutually agreeable terms and conditions relating to the foregoing matters. NOW THEREFORE, for and in consideration of the mutual agreements, covenants and conditions hereinafter set forth, the receipt and sufficiency of which is mutually agreed, the Parties contract as follows: ARTICLE 2. AMENDMENTS 2.01 Amendment to Section 5.04 of the Consent Agreement. Section 5.04 of the Consent Agreement, pertaining to 'Bridge Payment" is hereby deleted in its entirety and replaced with the following (additional text underlined): 5.04 Bridge Payment. Owner and the District agree that the "Bridge" (as that term is defined and described in the Laredo WO Agreement) to be constructed by Laredo WO, Ltd., pursuant to the Laredo WO Agreement Second Amendment to Consent Agreement Williamson County MUD 30 (Crescent Bluff Subdivision) Page 2 of 7 will benefit from the provision of emergency services and facilitate transportation access to, from and through the Land; therefore, as additional consideration for the First Amendment, Owner or the District shall pay .a total to the City .of. ONE MILLION U.S. DOLLARS ($1,000,000.00) (the "Bridge Payment") as a contribution toward the cost of the 'Bridge." The first half of the. Bridge Payment .(FIVE HUNDRED THOUSAND U.S. DOLLARS ($500,000.00)) shall be paid by Owner or District on or before the first to occur of any of the following events/dates: (a) Recordation of the Final Plat for all or any portion of Phases 5, 9, 10 or 11 of the Land as said phases are shown on the First Amended Land Plan attached to the First Amendment as the First Amended Exhibit D; or (b) The later of recordation of the Final Plat containing the 500th residential lot anywhere in the Water Oak Subdivision (i.e., the land included within the definition of the term 'Property" in the Laredo WO Agreement) or the issuance of the 475th building permit anywhere in the Water Oak Subdivision (i.e., the land included within the definition of the term 'Property" in the Laredo WO Agreement); or (c) January 31, 2022. The second half of the Bride Payment(FIVE HUNDRED THOUSAND U.S. DOLLARS ($500,000.00)) shall be paid by -Owner or District on or before December 31, 2021 2.02 Amendment to Section 7.02(b) of the Consent Agreement. Section 7.02(b) of the Consent Agreement, relating to "River Trail Design," is hereby deleted in its entirety and replaced with the following (deleted text shown in str4kethT$;Ag#, additional text underlined): 7.02 (b) River Trail Design. Owner or District shall, at no cost to the City, commence design of the River Trail (defined herein) in accordance with the standards attached hereto as Exhibit F within thirty (30) days after the earlier of (1) the approval of the first single-family residentialpfeliminary final. plat _en for .any portion of those ,parts of the Land designed as either Phase Ten (10) or Phase Eleven (11) on the Land Plan the Chapman 4;Fa t; or (2) the date that the City provides Notice to Owner or the District that the City or another entity has submitted design drawings to the City for approval of the portion of the trail adjacent to the Chapman Tract-.• or 3 February 19, 2027. Second Amendment to Consent Agreement Williamson County MUD 30 (Crescent Bluff Subdivision) Page 3 of 7 ARTICLE 3. MISCELLANEOUS 3.01 Defined Terms. Except as otherwise provided herein, terms which are not defined in the Second Amendment but which are delineated with initial capital letters and are defined in the Consent Agreement will have the same meanings in the Second Amendment as in the Consent Agreement. 3.02 Effect on Consent Agreement. Except as amended by the Second Amendment, all terms and conditions of the Consent Agreement shall remain in full force and effect. 3.03 Recitals. The Recitals set forth in Article I, above, are hereby found by all Parties to be true and correct and are incorporated herein and made part of the Second Amendment. 3.04 Multiple Counterparts. To facilitate execution, the Second Amendment may be executed in any number of counterparts, and it will not be necessary that the signatures of all parties be contained on any one counterpart, and the signature pages from separate, individually executed counterparts may be combined to form multiple, fully executed counterparts. All executed counterparts of the Second Amendment shall be deemed to be originals. On full execution, all references to the Agreement or to the Consent Agreement shall mean the Consent Agreement as amended by this Second Amendment. 3.05 Second Amendment Effective Date. This Second Amendment shall be effective on the latest date accompanying the signature lines of the duly authorized representatives of the Parties appearing below. 3.06 Recordation. This Agreement shall be recorded in the records of Williamson County at Owner's expense. Owner shall obtain and record subordination agreements for any lender liens or security interests that are prior to the time of recordation of this Agreement. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] [SIGNATURE PAGES IMMEDIATELY FOLLOW.] Second Amendment to Consent Agreement Williamson County MUD 30 (Crescent Bluff Subdivision) Page 4 of 7 IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement on the dates indicated below. CITY: CITY OF GEORGETOWN, TEXAS ATTEST: By: /- - 9 Robyn Densmore, City Secretary APPROVED AS TO FORM: By:_ .74 4'tA___ _Xule - Skye asso City Attorney STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me the day of 2022, by Josh Schroeder, Mayor of the City of Georgetown, Texas, a e-rule ci , on behalf of the City. KAREN FROST _ Notary ID # 1053608-4 My Commission Expires y' ar;tip May 24, 2024 Notary Public Signa ure Printed Name: My Commission Expires: Second Amendment to Consent Agreement Williamson County MUD 30 (Crescent Bluff Subdivision) Page 5 of 7 OVVNER: ZAMIN, L.P., a Texas limited partnership By: Gur Parsaad Management, LLC, a Texas limited liability company, its general partner G.P. Singh, President, Gur Parsaad Management, LLC, its general partner STATE OF I Ua S COUNTY OF 13eAar§ This instrument was acknowledged before me the 14day of 0►h 2022, by G.P. Singh, in his capacity as President: of Gur Parsaad Managemerr, LLC, a Texas limited liability company, the general partner of ZAMIN, L.P., a Texas limited partnership, on behalf of ZAMIN, L.P. 0, , jj B v r� WRICIA 81LBY y { �n Kotary ID #1313"8116 Printed Name: � µY Commfssfan Expires December 23, 2025 My Commission Expires: 6 Second Amendment to Consent Agreement Williamson County MUD 30 (Crescent Bluff Subdivision) Page 6 of 7 DISTRICT: WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 30 By: Rob enn, District President ATTEST: Richard Hamala, District Secretary STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me the 21:� day of ,T&,Avo,nA 2022, by Rob Glenn, President of Williamson County Municipal Utility District No. 30, a special district formed and operating under Chapters 49 and 54 of the Texas Water Code. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2022012784 AGR Fee: $54.00 01/31/2022 08:33 AM DLAM +�x r r mr Nancy E. Lister County Clerk Ullllamson`County, Texas No ary Public Signature Printed Name:.,]anA fktei J&,,kd C,4� My Commission Expires:17 - +t- 201 5 Second Amendment to Consent Agreement Williamson County MUD 30 (Crescent Bluff Subdivision) Page 7 of 7 u *4v ►Ud JONATHAH RICHARD COCHRAN : r notary W #1313701d4 a my commission Expires December 4. 2025 Ci+y of 0 Deov�o�nwvl