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HomeMy WebLinkAboutORD 2024-18 - Parkside on the RiverORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AMENDING ORDINANCE NOS. 2019-69, 2020-84, and 2021-40 AND APPROVING A "THIRD AMENDMENT TO DEVELOPMENT AGREEMENT FOR PARKSIDE ON THE RIVER SUBDIVISION," REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on October 8, 2019, by City Council Ordinance No. 2019-69, the City Council approved the "Development Agreement for Parkside on the River Subdivision" by and between the City, HM Parkside, LP, a Texas limited partnership ("Primary Owner") and HM CR 176-2243, LP, a Texas limited partnership affiliated with Primary Owner ("Affiliated LP".).dated to be effective on November 19, 2020, and recorded under Document No. 2019117441, Official Public Records of Williamson County, Texas (the "Original Development Agreement") pertaining to land referred to in the Original Development Agreement as the Remainder Tract and the 2243 Acre Tract. WHEREAS, on December 8, 2020, by City Council Ordinance No. 2020-84, the City Council approved the "First Amendment to and Partial Assignment of Development Agreement for Parkside on the River" dated effective December 8, 2020 and recorded under Document No. 2020162167, Official Public Records of Williamson County, Texas, (the "First Amendment") by and between the City, Primary Owner, Affiliated LP, and HM Parkside Development, Inc., a Texas corporation affiliated with Primary Owner ("HM Development") amending the Original Development Agreement to address changed circumstances relating to School Tract and the Fire Station Tract, and recognize the assignment by Primary Owner to HM Development of rights and obligations under the Original Development Agreement associated with approximately 254.399 acres of land out of the Remainder Tract. WHEREAS, on May 25, 2021, by City Council Ordinance No. 2021-40, the City Council approved the "Second Amendment to Development Agreement Parkside on the River Subdivision," dated effective May 25, 2021, to add the GP II Property (therein defined) and HM GPII, LP to the Development Agreement. WHEREAS, the existing parties to the Development Agreement and HM 2243 Development, Inc., the owner of the so-called "Leander ETJ Tract" (which has been removed from the City of Leander's ETJ and water and wastewater CCNs and added to the City of Georgetown ETJ by separate actions) desire to add the "Leander ETJ Tract" into the Development Agreement, recognize and consent to the assignment of certain land to HM Parkside Development, Inc., and make other conforming changes. WHEREAS, the City Council of the City of Georgetown finds that it has the authority approve the Third Amendment to Development Agreement for Parkside on the River pursuant to Section 212.172 of the Texas Local Government Code. Ordinance No. 20?4" 1S Approving Third Amendment to Development Agreement Parkside on the River Page 1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: 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. 2. The City Council hereby finds that the foregoing recitals are true and correct, and the recitals are hereby incorporated into this Ordinance by reference for all purposes as set forth in full. The City Council hereby finds that this Ordinance compliance with the Vision Statement of the City of Georgetown 2030 Comprehensive Plan. 3. The Third Amendment to Development Agreement Parkside on the River Subdivision in substantially the form attached hereto as Attachment 1 is approved by the City Council and incorporated into this Ordinance for all purposes by this reference. 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. 5. The Mayor is authorized to sign this Ordinance and the Third Amendment to Development Agreement Parkside on the River Subdivision in substantially the form attached hereto as Attachment 1, and the City Secretary is authorized to attest. 6. This Ordinance and the Third Amendment to Development Agreement Parkside on the River will become effective in accordance with the City Charter. Attachment List: Attachment 1 - Third Amendment to Development Agreement Parkside on the River Subdivision (including all exhibits and schedules) PASSED AND APPROVED ON FIRST READING on the. 2024. PASSED AND APPROVED ON SECOND READING on the 2024. , ATTEST: 7I' wou,",'- YAw I�ob ny Densmore �n roSf' tor Sch City Secretary APP OVED AS TO FORM: Skye asson, City Attorney day of day of I F GEORGETOWN: Ordinance No. 140Z(� Approving Third Amendment to Development Agreement Parkside on the River Page 2 2024031828 RGR Total Pages: 49 s i i i r:w, iyr vaLiih11%i ur,ri wli i� STATE OF TEXAS § THIRD AMENDMENT TO § DEVELOPMENT AGREEMENT COUNTY OF WILLIAMSON § § PARKSIDE ON THE RIVER CITY OF GEORGETOWN § SUBDIVISION THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT ("Third Amendment") is entered into by and between the City of Georgetown, Texas, a Texas home -rule municipality located in Williamson County, Texas ("City"), HM Parkside, LP, a Texas limited partnership ("HM Parkside"), HM Parkside Development, Inc., a Texas corporation affiliated with Primary Owner ("HM Development"), HM GPII, LP, a Texas limited partnership affiliated with Primary Owner ("HM GPII'), and HM 2243 Development, Inc., a Texas corporation ("HM 2243"). RECITALS: A. City, HM Parkside (also referred to as "Primary Owner"), and HM CR 176- 2243, LP, a Texas limited partnership affiliated with Primary Owner ("HM-CR"; also referred to as "Affiliated LP") entered into the Development Agreement Parkside on the River Subdivision (the "Original Development Agreement"), dated as of November 19, 2019, and recorded under Document No. 2019117041, Official Public Records of Williamson County, Texas with respect to the original Property (defined in the Original Development Agreement). B. City, HM Parkside, HM-CR, and HM Development entered into a First Amendment to and Partial Assignment of Development Agreement Parkside on the River Subdivision (the "First Amendment") dated as of December 8, 2020, and recorded under Document No. 2020162167, Official Public Records of Williamson County, Texas, which acknowledges the partial assignment by Primary Owner to HM Development of the Original Development Agreement as to certain land described therein and referred to as the "Initial HM Development Property" (so referred to herein) and amends the Original Development Agreement. C. City, HM Parkside, HM-CR, HM Development, and HM GPII entered into a Second Amendment to Development Agreement Parkside on the River Subdivision (the "Second Amendment") dated as of May 25, 2021, and recorded under Document No. 2021082512, Official Public Records of Williamson County, Third Amendment to Development Agreement Parkside on the River Subdivision Page I of 18 Texas, which added the GP II Property to the Original Development Agreement, as modified by the First Amendment, and modified same as set forth therein. D. By Assignment and Assumption Agreement Development Agreement Parkside on the River Subdivision dated as of December 15, 2021 and recorded under Document No. 2021190022, Official Public Records of Williamson County, Texas, from HM CR to HM 2243, HM CR assigned all of its interest in and to the Original Development Agreement, First Amendment and Second Amendment to HM 2243 in connection with the conveyance to HM 2243 of the HM South Tract, as defined and described in the Original Development Agreement (save and except certain land conveyed to Williamson County as right of way) and of the Leander ETJ Tract, as defined and described in the Original Development Agreement and in Recital F below; following this assignment, references in the Original Development Agreement to "Affiliated LP" will mean and refer to HM 2243. E. By Assignment and Assumption Agreement dated as of December 28, 2021 and recorded under Document No. 2021195623, Official Public Records of Williamson County, Texas, HM Parkside assigned its interest in and to the Original Development Agreement, First Amendment and Second Amendment to HM Development as to certain land described therein and referred to as the "211d HM Development Property" (so referred to herein). F. By Assignment and Assumption Agreement dated as of March 1, 2024 and recorded under Document No. 2024015946, Official Public Records of Williamson County, Texas, HM Parkside assigned its interest in and to the Original Development Agreement, First Amendment and Second Amendment to HM Development as to certain land described therein and referred to as the "3'd HM Development Property" (so referred to herein). G. The Original Development Agreement referenced a tract of land now owned by HM 2243 consisting of 28.251 acres of land located south of FM 2243 and adjacent to the In ETJ Tract (referred to as the "Leander ETJ Tract" in the Original Development Agreement and herein for consistency), then located in the extraterritorial jurisdiction and water and wastewater Certificates of Convenience and Necessity Nos. 10302 and 20626, respectively, of the City of Leander (collectively, the "Leander CCNs"). Third Amendment to Development Agreement Parkside on the River Subdivision Page 2 of 18 H. By order dated August 23, 2023 in Docket No. 54595, the Public Utility Commission granted the petition by HM 2243 for streamlined expedited release of the Leander ETJ Tract from the Leander CCNs; by resolution dated September 21, 2023 the City of Leander released the Leander ETJ Tract from its extraterritorial jurisdiction (Leander Resolution No. 23-017-00); and by resolution dated October 10, 2023 the City Georgetown accepted the Leander ETJ Tract into its extraterritorial jurisdiction (Georgetown Resolution No. 101023-5.AK), such that as of the Third Amendment Effective Date, the Leander ETJ tract is not in any water or wastewater Certificate of Convenience and Necessity and is in the City of Georgetown's extraterritorial jurisdiction. The subject tract is referred to herein as the "Leander ETJ Tract" for consistency, despite the fact that it is no longer in the City of Leander's ETJ. I. City, HM Parkside, HM Development, HM GP II, and HM 2243 now wish to include the Leander ETJ Tract under the Original Development Agreement, as modified by the First Amendment and Second Amendment and to further modify the Original Development Agreement, as amended, as set out below. J. By separate agreement, City, HM Parkside, HM Development, HM GPII, HM 2243, Williamson County Municipal Utility District No. 25, a municipal utility district created under Chapters 49 and 54 of the Texas Water Code (the "District" or "WCMUD No. 25"), Parkside on the River Municipal Utility District No. 1, a municipal utility district created under Chapters 49 and 54 of the Texas Water Code ("POR MUD No. 1"), Parkside on the River Municipal Utility District No. 2, a municipal utility district created under Chapters 49 and 54 of the Texas Water Code ("POR MUD No. 2") and upon its creation, the remaining Additional District, are also parties to that certain Second Amended and Restated Consent Agreement (the "Second A&R Consent Agreement"), dated as of October 17, 2019, and recorded under Document No. 2019117039, Official Public Records of Williamson County, Texas, as amended by the First Amendment to Second Amended and Restated Consent Agreement, dated as of June 8, 2021, and re -recorded under Document No. 2021086193 ("First Amendment to Second A&R Consent Agreement"), which added the GPII Property under Second A&R Consent Agreement and made other modifications. K. By separate agreement, City, HM Parkside, HM Development, HM GPII, HM 2243, WCMUD No. 25, POR MUD No. 1, and POR MUD No. 2 are amending the Second A&R Consent Agreement, as amended by the First Amendment to Third Amendment to Development Agreement Parkside on the River Subdivision Page 3 of 18 Second A&R Consent Agreement, to allow the annexation of the Leander ETJ Tract into WCMUD No. 25. NOW, THEREFORE, for and in consideration of the promises and the mutual agreements set forth herein, the City, HM Parkside, HM Development, HM GPII, and HM 2243 hereby agree as follows: 1. Amendments. The Original Development Agreement, as amended by the First Amendment and the Second Amendment, is amended as follows: a. Section 2.01. The following terms are added to the definitions in Section 2.01: "Leander ETJ Tract" means the 28.251 acres of land described on Schedule 5 attached to this Third Amendment. The Leander ETJ Tract is no longer in the City of Leander's ETJ, as explained in Recital G, above. "Parkside Parties" means HM Parkside, HM Development, HM GPII, and HM 2243. "POR MUD No. 1" means Parkside on the River Municipal Utility District No. 1, consisting of approximately 272.512 acres of land, as described and shown on Schedule 6 attached to this Third Amendment, as more fully described in that certain "Order Granting the Petition for Creation of Parkside on the River Municipal Utility District No. 1" issued by the TCEQ on July 16, 2020. "POR MUD No. 2" means Parkside on the River Municipal Utility District No. 2, consisting of approximately 539.542 acres of land, as described and shown on Schedule 6 attached to this Third Amendment, as more fully described in that certain "Order Granting the Petition for Creation of Parkside on the River Municipal Utility District No. 2" issued by the TCEQ on June 9, 2022. "POR MUD No. 3" will mean, on its creation, Parkside on the River Municipal Utility District No. 3, consisting of approximately 314.00 acres of land as described and shown on Schedule 6 attached to this Third Amendment. Third Amendment to Development Agreement Parkside on the River Subdivision Page 4 of 18 b. Section 2.01. The following terms defined in Section 2.01 are repealed and replaced with the following: "Access Easement" means a temporary or permanent (as applicable) easement in favor of the City in the Approved Form, located within or outside of the boundaries of the Property providing access to the Water Transmission Line, a Utility Improvement, or a Lift Station Site until such time as a public road providing access to same is Complete. "Additional Districts" means, collectively, POR MUD No. 1, POR MUD No. 2 and, when created, POR MUD No. 3. "Agreement" means the Original Development Agreement (defined in Recital A to this Third Amendment), as amended by the First Amendment (defined in Recital B to this Third Amendment), the Second Amendment (defined in Recital C to this Third Amendment), and this Third Amendment. "Amended Consent Agreement" means the Second A&R Consent Agreement (defined in Recital I to this Third Amendment), as amended by the First Amendment to Second A&R Consent Agreement (defined in Recital I to this Third Amendment), and the Second Amendment to Second A&R Consent Agreement, dated on approximately even date herewith. "Authorized Assignee" means, as to the Property, any entity controlled by, controlling, or under common control with a Parkside Party. "Land Use Plan" means the land use plan attached to the Third Amendment as Exhibit F. "Owner" means HM Parkside (also referred to as "Primary Owner") as to all the Remainder Property except the Initial HM Development Property and the 2°d HM Development Property; HM Development as to the Initial HM Development Property and the 2^d HM Development Property; HM 2243 as to the 2243 South Tract and the Leander ETJ Tract (also referred to as "Affiliated LP" notwithstanding that HM 2243 is not a limited partnership); HM GPII as to the GPII Property; and their Third Amendment to Development Agreement Parkside on the River Subdivision Page 5 of IS respective permitted assigns under this Agreement, but does not include a Lender unless the Lender forecloses and elects to become a party to this Agreement as permitted by Section 11.11(h) and does not include an End Buyer. "Project" means development of the Property in accordance with the Agreement and the Amended Consent Agreement. "Property" means, collectively, the Remainder Property, the 2243 South Tract, the GPII Property, and the Leander ETJ Tract. The area map of the Property is attached to this Third Amendment as Exhibit C. "Roadway Exhibit" means Exhibit J-1 and Exhibit J-7 attached to this Third Amendment, and Exhibits J-2 through Exhibit J-6 attached to the Original Development Agreement. "Second Amendment to Second A&R Consent Agreement" means the Second Amendment to Second A&R Consent Agreement in the form attached as Schedule 7 to the Third Amendment. c. Section 3.01. Section 3.01 and Exhibit F (regarding the Land Use Plan) are hereby repealed and replaced with the following: "Section 3.01. Land Use Plan. The City hereby approves the Land Use Plan in the form attached as Exhibit F to this Third Amendment. Owner shall Develop the Project on the Property in conformance with the Land Use Plan and the Governing Regulations." d. Section 3.06(i). New Section 3.06(i) (pertaining to Cypress Paul Street on Leander ETJ Tract) is hereby added as follows: "Section 3.06(i). Roundabout and Parking on Cypress Paul Street (portion on the Leander ETJ Tract). In lieu of complying with the provisions of Section 6.02.040 of the UDC that provide: (i) a block length will not exceed 20 lots or be longer than 1,320 feet, whichever is shorter; and (ii) block lengths shall be ended only by the intersection of a public street, except where there is no public street intersection due to the presence of parks, open spaces or other similar uses with at least 100 feet of street frontage on the relevant block, on the portion of Cypress Paul Third Amendment to Development Agreement Parkside on the River Subdivision Page 6 of 18 Street which lies within the Leander ETJ Tract, the applicable Owner shall construct a roundabout with a raised, non -traversable, center island encircled by two traffic lanes with the inside traffic lane having a minimum curb radius of 25 feet and the outside traffic lane having a minimum curb radius of 50 feet. The roundabout shall be constructed by such Owner at the approximate midpoint of the portion of Cypress Paul Street on the Leander ETJ Tract, as generally shown on the attached Exhibit 1-8, and the open spaces breaking up blocks will generally be as shown on the attached Exhibit 1-8. Street parking on Cypress Paul Street shall be limited as follows: (i) no street parking is permitted in the portion of Cypress Paul Street encircling the roundabout; and (ii) street parking is permitted on only one side of Cypress Paul Street (preferably the side along which no fire hydrants are located) - parking on both sides of Cypress Paul Street is prohibited. e. Section 3.06(Il. New Section 3.06(j) (pertaining to Emergency Access for Leander ETJ Tract) is hereby added as follows: "Section 3.06(j). Emergency Access for Leander ETJ Tract. In lieu of providing full secondary access to the Leander ETJ Tract for emergency vehicles, Owner shall construct a street knuckle, or expanded roadway area, near the end of Cypress Paul Street on the Leander ETJ Tract, which area will be sized to allow full turnarounds by emergency service vehicles and will be located and configured generally shown on the attached Exhibit 1-8. f. Section 4.03. Section 4.03(b) (pertaining to detention) is hereby repealed and replaced with the following: "Section 4.03. Stormwater Runoff (b) 2243 South Tract, GI'II Property and Leander ETI Tract. A drainage report must be submitted with each preliminary plat application that includes land in the 2243 South Tract, the GP II Property, and the Leander ETJ Tract prepared in conformance with Chapter 11.04 of the UDC." g. Section 4.04. Section 4.04 (pertaining to Parkland) is hereby repealed and replaced with the following: Third Amendment to Development Agreement Parkside on the River Subdivision Page 7 of 18 "Section 4.04. Parkland. (a) Remainder Property. Primary Owner will dedicate the Original Parkland to the City or to a nonprofit entity directed by the City no later than 60 days after the later of (i) written request of the City and (ii) Completion of the Bridge, for use as solely as public parkland. The conveyance by Primary Owner will not occur until Primary Owner has dedicated the ROW through the Original Parkland for the Bridge and Parkside Parkway (including Parkside Parkway North). HM GPII will dedicate the GPII Parkland to the City or to a nonprofit entity directed by the City no later than 60 days after the later of (i) written request of the City and (ii) Completion of GPII River Trail, solely for use as solely as public parkland. All Parkland will be subject to blanket easements for utilities, access and drainage retained by Primary Owner or HM GPII, as applicable, for the benefit of the Project and to the Permitted Exceptions applicable to the portion of the Parkland so transferred. Each transfer of the Parkland will be by special warranty deed restricting the Parkland to public park use and reserving to Primary Owner or HM GPII, as applicable, the above -described blanket easements, free of all liens and encumbrances except Permitted Exceptions applicable to the portion of the Parkland being conveyed and such reserved easements, and accompanied by a title commitment having only those standard pre-printed exceptions that are part of the promulgated form of Texas title insurance policies, the Permitted Exceptions applicable to the portion of the Parkland being conveyed, the restrictions and reservations in such deed, and such other exceptions as are acceptable to the City Attorney, in the City Attorney's reasonable discretion. Primary Owner will pay the cost of a title insurance policy consistent with such a title commitment reflecting a value for the Original Parkland of $300,000, as well as the costs of recording and preparation of conveyance documents. HM GPII will pay the cost of a title insurance policy consistent with such a title commitment reflecting a value for the GPII Parkland of $150,000, as well as the costs of recording and preparation of conveyance documents. No Parkland shall be included in the District or any Additional District." (b) Leander ETl Tract/Parkland Fee In Lieu. No dedication of parkland is required within the Leander ETJ Tract; instead, Owner shall pay a fee - Third Amendment to Development Agreement Parkside on the River Subdivision Page 8 of 18 in -lieu of parkland dedication in the amount of $780.00 per Lot within the Leander ETJ Tract, with payment due in full before, and as a condition of, City approval of any final plat having Lot(s) within the Leander ETJ Tract." h. Section 5.04. New Section 5.04 (pertaining to Water Line on Leander ETJ Tract) is hereby added as follows: "Section 5.04. Water Line on Leander ETJ Tract. The water line serving the Leander ETJ Tract shall be either: (1) looped; or (2) not looped, and meeting the following additional standards: (i) have a minimum diameter of 12" (twelve inches); and (ii) have an automatic flush valve installed at the end of the line; and (iii) be equipped with a water meter meeting the City's standards and specifications." i. Section 9.01(a). Section 9.01(a) is hereby repealed and replaced with the following: "(a) Impact Fees. In consideration of the Former Owner's construction of the SSGI and Primary Owner's payment of the Off -site Capacity Payment, the Impact Fees payable by Owners and End Buyers within all of the Property except the GPII Property and the Leander M Tract are (i) for water, the Water Impact Fee of $3,324.00 per SUE, and (ii) for wastewater, the Wastewater Impact Fee of $2,683.00 per SUE. However, the water impact fee per SUE and the wastewater impact fee per SUE assessed by the City and paid by Owner and End Buyers within the GPII Property and the Leander ETJ Tract will be such fees as are in effect per City Code of Ordinances Chapter 13.32, as said impact fees may be amended from time to time in accordance with the requirements of Chapter 395 of the Texas Local Government Code in the City Council's sole discretion. As portions of the GPII Property and the Remainder Tract are contiguous, if a final subdivision plat approved by applicable Governmental Authorities includes land out of both the GPII Property and the Remainder Tract, (a) Owner will identify as to each single family lot within such plat (i) whether the lot lies wholly the GPII Property, wholly the Remainder Tract, or partly within the GPII Third Amendment to Development Agreement Parkside on the River Subdivision Page 9 of 18 Property and partly within the Remainder Tract, and (ii) as to any lot that lies partly within the GPII Property and partly within the Remainder Tract (a "Mixed Lot"), the percentage of the area of the Mixed Lot consisting of GPII Property and the percentage of area of the Mixed Lot consisting of the Remainder Tract, (b) the impact fees assessed against each single family lot that lies wholly within the GPII Property will be the impact fees assessed against the GPII Property, (c) the impact fees assessed against each single family lot that lies wholly within the Remainder Tract will be the impact fees assessed against the Remainder Tract, and (d) the impact fees assessed against each Mixed Lot will be the impact fees assessed against the portion of the Property that is more than 50% of the area of such Mixed Lot (e.g., if the Remainder Tract constitutes more than 50% of a Mixed Lot, that Mixed Lot will be assessed the same impact fees as are assessed within the Remainder Tract). For clarity, the addition of the GP II Property and the Leander ETJ Tract into the "Property" does not increase Owner's maximum available capacity interest of water or wastewater SUEs under Section 6.01(c) and Section 6.02(b) of the Original Development Agreement, which remain at a maximum of 4,600 SUEs. Primary Owner, HM Development, HM GP II, and HM 2243 agree that this agreement to allow the City to assess and collect Water Impact Fee, the Wastewater Impact Fee, and impact fees calculated pursuant to Chapter 13.32 of the City Code of Ordinances (as applicable, per the terms of this Second Amendment) within the Property is authorized and enforceable under Section 395.018 of the Texas Local Government Code, and consent to the applicability of said Section 395.018." j. Section 11.08. Section 11.08 is hereby repealed and replaced with the following: "11.08. Notice. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) facsimile, with the original delivered by hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified mail, postage prepaid, return receipt requested, and addressed to the parties at the following addresses: Third Amendment to Development Agreement Parkside on the River Subdivision Page 10of18 Owner: HM Parkside, LP HM Parkside Development, Inc. HM GPII, LP HM 2243 Development, Inc. 1011 N. Lamar Blvd. Austin, Texas 78703 Attn.: Blake J. Magee With a required copy to: Hurst, Savage & Vanderburg, LLP 814 W. 101h Street Austin, Texas 78701 Attn.: Ann Engles Vanderburg City: City Manager City of Georgetown 808 Martin Luther King Jr. St. Georgetown, Texas 78626 With a required copy to: City Attorney City of Georgetown 809 Martin Luther King Jr. St. Georgetown, Texas 78626 2. Defined Terms, Capitalized terms used in this Third Amendment that are not otherwise defined shall have the meanings set forth in the Original Development Agreement, First Amendment, or Second Amendment, as applicable. 3. Counterparts. This Third Amendment may be executed in multiple counterparts, each of which shall be deemed an original instrument, and all of which, taken together, shall constitute one and the same instrument. The signature of any party hereto to any counterpart hereof shall be deemed a signature to, and may be appended to, any other counterpart hereof. 4. Effective Date: This Third Amendment will become effective on the latest date accompanying the signature lines below. Third Amendment to Development Agreement Parkside on the River Subdivision Page 11 of 18 5. Rec_ ordinR. This Third Amendment will be recorded in the Official Records of Williamson County, Texas by Primary Owner at Primary Owner's expense. UPDATED EXHIBIT LIST Exhibit A - Description of Remainder Property Original Agreement Exhibit B - Description of 2243 South Tract Original Agreement Exhibit C - Area Map Third Amendment Exhibit D - Form of Second Amended and Restated Consent Agreement Original Agreement Exhibit E-1 - Approved Form (for Water Transmission Line Easement) Original Agreement Exhibit E-2 - Approved Form (for Utility Easements) Original Agreement Exhibit E-3 - Approved Form (for Access Easements) Original Agreement Exhibit E-4 - Approved Form (for License Agreement) Original Agreement Exhibit F Land Use Plan Third Amendment Original Agreement Exhibit G-1 - Multifamily Permitted Uses Exhibit G-2 - Commercial, Civic and Temporary Permitted Uses Original Agreement Exhibit H-1 - Open Space Plan Second Amendment Exhibit H 2 - River Trail Specifications _ Original Agreement Exhibit I-1 - Permitted Exceptions Second Amendment Exhibit I-2 - Use Exceptions (Fire Station) Ori inal Agreement Exhibit J-1 - Roadway and Connectivity Plan Third Amendment Exhibit J-2 - Residential Local 50' Roadway Original A reement Exhibit J-3 - Residential Local 60' Roadway Original A reement Original Agreement Exhibit J-4 - Parkway B — Without Median Exhibit J-5 - Parkway B — With Median Original Agreement Exhibit J-6 - Parkside Parkway Original Agreement Exhibit J-7 - Phasing Plan Third Amendment Exhibit J-8 Cypress Paul Street on Leander ETJ Tract Third Amendment Original Agreement Exhibit K-1 - Entry Features Exhibit K-2 - Marketing and Directional Signs Second Amendment Second Amendment Exhibit L - Tree Preservation Standards Exhibit M-1 - Residential Development Area Standards Original Agreement Third Amendment to Development Agreement Parkside on the River Subdivision Page 12 of 18 Exhibit M-2 - Residential Architectural Standards Original Agreement Original Agreement Exhibit M-3 - Commercial Development Area Standards Draw Procedure Exhibit N - Original Agreement Exhibit 0-1 - Form of Traffic Fiscal Security Original Agreement Original Agreement Exhibit 0-2 - Form of Bridge Fiscal Security Schedule 1 GPII Property - 314 Acre Tract Second Amendment Schedule 2 GPII Property - 47 Acre Tract Second Amendment Schedule 3 First Amendment to Second Amended and Restated Consent Agreement Second Amendment Schedule 4 TCS Easement Second Amendment Schedule 5 Description of Leander ETJ Tract Third Amendment Schedule 6 Schedule 7 Ultimate MUD Boundary Location Ma Third Amendment Second Amendment to Second Amended and Restated Consent A reement Third Amendment [Signature Pages to Follow] Third Amendment to Development Agreement Parkside on the River Subdivision Page 13 of 18 CITY OF GEORGETOWN, TEXAS By: Print d e:_ Josh Schroeder Titl May ATTEST: By: Roby 4Densnore, City Secretary epzo l 6ds11 " APPROVED AS TO FORM: By: S e Masson, City Attorney STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me the �0 7 day of , 2024, by Josh Schroeder, Mayor of the City of Georgetown, Texas, a home-r le cit , on behalf of the City. ;p;►.� "� CYNTHIA V. CONOMOS (seat) M' _ Notary public, State of TexaV. s;�•:. `.`tic Comm. Expires 08-31.2025 Ntar o V ID 130704665 Notary Public State of Texas Third Amendment to Development Agreement Parkside on the River Subdivision Page 14 of 18 HM PARKSIDE, LP, a Texas limited partnership By: Hanna/Magee GP/ #1, Inc., a Texas corporatiog, Gene <)I Partner in STATE OF TEXAS § COUNTY OF TRAVIS § Vice President This instrument was acknowledged before me thcV day of March, 2024, by jay A. Hanna, Vice President of Hanna/Magee GP #1, Inc., a Texas corporation, General Partner of HM PARKSIDE, LP, a Texas limited partnership, on behalf of said corporation and partnership. (seal) /N///I/IIIINV////I/////H1///!/N5 /I CORINA R. HINOJOS ���* MtlTART PUELIC • BTATE DF TEIIAE IDI Z2781 ZS oi•�� CDMM. E1{/.0�-29-zo24 Notary Public State of Texas Third Amendment to Development Agreement Parkside on the River Subdivision Page 15 of 18 (exhibits attached) HM PARKSIDE DEVELOPMENT, INC., a Texas corporation iia, Vice President STATE OF TEXAS § COUNTY OF TRAVIS § This instrument was acknowledged before me thea— day of March, 2024, by Jay A. Hanna, Vice President of HM PARKSIDE DEVELOPMENT, INC., a Texas corporation, on behalf of said corporation. (seal) CORINA R. HINOJOS C�Q� N0T"�"PUBLIC 'aiA1E0F� Notary Public State of Texas "y),� 101 2279126 COW EXP. 00-26-2024 .,.rr'i,r,rrr rur,w,vr,ra,rrri,rrr Third Amendment to Development Agreement Parkside on the River Subdivision Page 16 of 18 (exhibits attached) HM GPII, LP, a Texas limited partnership By; Hanna/Magee GP #1, Inc., a Texas corporation, Geneiil Partner anna, Vice President STATE OF TEXAS § § COUNTY OF TRAVIS § This instrument was acknowledged before me th4L day of March, 2024, by Jay A. Hanna, Vice President of Hanna/Magee GP #1, Inc., a Texas corporation, General Partner of HM GPII, LP, a Texas limited partnership, on behalf of said corporation and partnership. (seal) ` ��,a�%�� CORINA R. HINOJOS —• �.... IgARY wAUC • lTATE OF MAs fTor 227sP726 corm. rxp.00-ss-zou Notary Public State of Texas iiiiiiiriruii�rrrrrrrrrrrrrrriirrarrr Third Amendment to Development Agreement Parkside on the River Subdivision Page 17 of 18 (exhibits attached) HM 2243 DEVE . )PMENT INC., a Texas corporation i -lanna, Vice President STATE OF TEXAS § § COUNTY OF TRAVIS § This instrument was acknowledged before me thv-11--9) day of March, 2024, by Jay A. Hanna, Vice President of HM 2243 DEVELOPMENT, INC., a Texas corporation, on behalf of said corporation. (seal) GORINA 1l HIN()JOS J_4�6u� 1NOTARY2 2 -19 '1 TE 2 g s Notary Public State of Texas °! CONM r:xt OA- rrrraririrur,,,,vrr„rrrrr2�if 2024 Third Amendment to Development Agreement Parkside on the River Subdivision Page 18 of 18 (exhibits attached) Exhibit C �243 1 Leander Road Parkside on the River -- Leander ETf Tract See Exhiblt J-8 'iv' PARKSIDE ON THE RIVER • AREA MAP Rive. Bypass 14ANNA/NAG6E.L.9. I 1 SDowntown ( Georgetown Exhibit F Legend Land Use Category Acres RIIA/SL Residetltal Development Arco/Single Fam ty 953.2 RDA/7,11 ReMentltl Devebp ent AmWMutt4amdy ReAmtial 88,7 CDA Commerctal Development Area 64.0 min. SC 1 School Tract 151 F� Fire Station Tract 25 i RO W (Parkways) 51.0 i (Land Not Included) Subtotal _ 1175.5 Open Space 0 ;) S Open Space 311.8 HOA Park (Includes Amenity Centers) 6.0 min. HP/P River Park (Amenity Center &20 Public Parking Spaces) 3:1 Paddand 102.0 Subtotal 422.8 Total 1598.3 Land Use Density RDA/SF = 3,000 Units RDA/MFI = 12 U/AC RDA/MF2 = 20 U/AC CDA = MIN. 50AC MAX, 150AC SH 29 M C D(4'uture Commercial) .9 Parkway •tN /Parkside OS` `� �� r Proposed Bridge �••'� RDA/SFit RDA/Sf RDAISF' OS RDA/SF / % F�tk o< `v ` RDA/SF I �, I ROA/SFI . , OS SoG�ttc OS 'RDA/, ', t Patience SF • • , RDA/SF I Ranch � RDA/f-J !! IOU... ` Lost Quarry e / RDA/SF �i • Subdivision RDAISF West Tract —A Boundary .,a t . Itl1t� 'HP.,' SC � . RDA/SF (q �G Escalera Subdivision %* yp ll t•••,•', ,t� •',�'�'r`�%r` RDA/ ..:. RDA/'.F1F1, �HF Y RDA/SF ` `MFI '',CDA MF2 ;y•Y CDA �'�'�� �--WO RDA/SF • Eau Tract i RDA/MF2.: ��i1 Boundary CDA :r. « ��,'00 \31 CDA ,; ,�..• r CDA RDA/SF �\ J, • r `2243 South Tract • ' ' Notes: r ♦ Leander ETJ Tract - All locations of boundaries, land uses, and roads are approximate and subject to diange. See Article 3.02 for mocilBcation requirements. PARKSIDE CN THE RIVER •LAND USE PLAN 00 HANNA/MAGEE,LP. Legend Roadway _ Parkslde Parkway (135- ROW) Parkway B (70' ROW) .8OM00 Parkway B (100' ROW) M M M Parkway C (70' ROW) (Land Not Included) Exltting Connection ••••� Potential Future Connection (Conceptual Location) Exhibit J- I Future Commercial t 1 r 1 �� r �� 1� _• Proposed Bridge �.+ J� ' 1 �•, West tract Bovttday�l .� + • East lrAct • ' p s �I Boundary tw��3A r � ' Parkway B • 100, ROW ' •S O�%'V ,, 1 ./�' Ziasa LeanAnr / � - ETJ TractAr' t �I ,. Z243 South Tract r r [ 1 'C") \r 11M PARKSIDE ON THE RIVER • FUTURE ROADWAY AND I ■�,iytr,2.z. CONNECTIVITY PLAN _ HANNA/M AGF.F.L•, Legend Ro.away Parkside Parkway (I W RO W ) IA Parkway B (10' ROW) WA v Parkway R (100' ROW) W 1W Parkway C (W ROW) (Land Not Included) EXIsdflS Con"cuon •••} Potential Future Connection (Conceptual Location) Exhibit J-7 •✓ / ♦ 1 1 `� + �v 1� _; ♦ Proposed Bridge 1 1 Phase I I � �— I anew � J PI • 10 - — ax 1 A not k Plsase 9 1 A anes I So,tt. ct Gas Sac k Phase S•••� � A anes I Phase y etc Lanus 1 1 . / , Phase 6 Ast anes /•10 1 West Tract '-�� Phase 5 a.00 it, ` Last rracl Buundnry nit0ouodary n \ [ A Lanes ' � ' Q'10�04a, `.•1 d, O Phase A k, boN ast 2 Lanes Phase 3 + cu ,nus 1 Parkway B 100, ROW Pheso L.. L -. l Laandcr � + ET} Tracr�+ � + ).2.13 S. ul, Tract ast Lanas � , • f � Phase I /•� A anes \ ./• LC?n'jC;Z�j; 11VPARKSIDE ON THE RIVER •PARKSIDE PARKWAY a ""'°" ROADWAY PHASING St- -*T��• HANNA/M AG 66•a.r. 0 Z W LO W J b� s'. Z., "i •uaaa�dH 5� 1 i 0 1 Lo i ❑ 1 Z F W Z I 1 0 70 U < m 1 Q W TZ O O w 7 N Y J W a orJL xwN 1 Y J O a m LL m J •. Z erwUwg o JZD _ O = W a cc F l7 a • • ' .I w ❑Q�WO rww r{ • -il O 0 gHLu- tL,J1� cn 0J0 HZ m 1—.I H2 ¢U�C70 0 � U) W W W U7= --H Ir i -30 iFN<11i-- F, ' ¢O W OOi~� W ZZ 1 1 Z _~-❑ Z - z Ulf 1 _ J W m W F-� Z /-lY l__- owii H W-0W F¢'r W O mo WW Qiyj F-~ U Z o N w a m a o 0 gg w _❑ UQ ww U S>LL w • /f. LU Z¢ N N Y i LLO 5 0 U U F • w Z d z Q w H H m 0 VO1 Z ¢gw >W wJ wo � W 1� 1 LLa. m JWW WwLLOHmQU 1 � • I m z wF-m 0Q O W OQm �NLLJ I . 0 z1:N C6 V 1 En 0 N� J I.L � CQ N C 0 J W J � �g U) p6 z 1 O U1 p am U O w s U o OJ J x❑3om Q� W Z Y J < w Z > > Z m W 0 0 w Z W ¢ Z m W 0 0 N z W J z J U U f Q U j IL0 0 0 y m Iwi7 U w a¢ W j u� W W ¢w Z O m(9 0 a - 0 z m g i o Z Z U) U ¢IL J U) W O N O W m Q w = sg XWa ¢ w w o a o 3 m as w 1 I a w w N 1 9VX31'NOSWVMIM'NM❑13Mtl03M I I - E 39VHd V-In9NIN3d 30193INVd = _ .LnoAv-i 1o"1 Q U Schedule 5 - Leander ETJ Tract 28.212 Acres THAT PART OF THE JOHN T. CHURCH SURVEY, ABSTRACT No. 140, IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF THAT CALLED 49.556 ACRE TRACT OF LAND CONVEYED TO HM CR 176-2243, LP, BY DEED RECORDED IN DOCUMENT No. 2018023178 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at a 3/8" iron rod found on the north line of said 49.556 Acre Tract, being also at the southeast corner of an 89.41 Acre Tract of land conveyed to Anita Martinez, et al, by deed recorded in Document No. 2012066513 (Cause No, 11-00262-CP4) of the Official Public Records of Williamson County, Texas, and at the southwest corner of a 40,80 Acre Tract of land conveyed to HM CR 176-2243, LP, by deed recorded in Document No, 2018012540 of the Official Public Records of Williamson County, Texas; THENCE N69°28'39"E along the north line of said 49,556 Acre Tract, being also the south line of said 40.80 Acre Tract a distance of 232.16 feet; THENCE S21 °19'19"E across said 49,556 Acre Tract a distance of 417.25 feet to a 60-D Nail found on the south line said 49,556 Acre Tract, same being the north line of a 26.045 Acre Tract of land (Exhibit B) conveyed to Tommy Diaz by deed recorded in Document No. 2002058098 of the Official Public Records of Williamson County, Texas, THENCE S68°57'32"W along the south line of said 49.556 Acre Tract, same being the north line of said 26.045 Acre Tract and along a old fence a distance of 758.02 feet to a 1/2" iron rod with cap labeled RPLS 1847 found at the northwest corner of said 26.045 Acre Tract and the northeast comer of a 3.55 Acre Tract of land conveyed to Toby D. Steele by deed recorded in Document No. 2013066332 of the Official Public Records of Williamson County, Texas; THENCE S68°58'37"W continuing along the south line of said 49.556 Acre Tract, same being the north line of said 3.55 Acre Tract and said fence, a distance of 393.43 feet to a 1/2" iron rod with cap labeled RPLS 1847 found at the northwest corner of said 3.55 Acre Tract and the northeast corner of a 4.44 Acre Tract of land conveyed to Dayton Klein Tnistee Living Trust by deed recorded in Document No. 2011012660 of the Official Pubic Records of Williamson County, Texas; THENCE S69"02'52"W continuing along the south line of said 49.556 Acre Tract, same being the north line of said 4.44 Acre Tract and along said fence a distance of 486.09 feet to a 1/2" iron rod with cap labeled RPLS 1847 found at the northwest comer of said 4.44 Acre Tract and at the northeast corner of a 4.45 Acre Tract of land conveyed to Dayton Klein and Elyce Klein by deed recorded in Document No. 2004096526 of the Official Public Records of Williamson County, Texas; THENCE S691103'15"W continuing along the south line of said 49.556 Acre Tract, same being the north line of said 4.45 Acre Tract and along said fence, a distance of 479,74 feet to a 1/2" iron rod with cap labeled RPLS 1847 found at the northwest corner of said 4.45 Acre Tract and at the northeast corner of a 8.08 Acre Tract of land conveyed to Brian K. Flachs and wife Lisa S, Flaehs by deed recorded in Document No. 2005033065 of the Official Public Records of Williamson County, Texas; THENCE S69'03'43 "W continuing along the south line of said 49.556 Tract, same being the north line of said 8.808 Acre Tract and along said fence a distance of 798.84 feet to a 1/2" iron rod found at the southwest comer of said 49.556 Acre Tract, being also at the northwest corner of said 8.08 Acre Tract and on the east line of a 168.4 Acre Tract of land conveyed to CSM-IVlason Family LP by deed recorded in Document No. 2011086909 of the Official Public Records of Williamson County, Texas; Page 1 of 2779-DESC-28.212AC.DOCX Page 1 of 3 28.212 Acres THENCE N21'01'52"W along the west line of said 49.556 Acre Tract same being the east line of said 168.4 Acre Tract and along an old fence a distance of 423.35 feet to a 1/2" iron rod set at the northwest corner of said 49.556 Acre Tract, being also at the southwest corner of said 89.41 Acre Tract; THENCE N69°06'39"E along the north line of said 49.556 Acre Tract, the south line of said 89.41 Acre Tract and along an old fence, a distance of 2681.86 feet to the Point of Beginning, Containing 28.212 acres, more or less, as shown on the sketch attached. All iron rods set have RJ Surveying caps. All rod found are 1/2" unless otherwise noted Bearings are based on the Texas State Plane Coordinate system of 1983, Central Zone (4203) William L. Joli ozi Registered Pt fessiouai Land Surveyor No. 5425 gypOF . �, ....... r? 4,0�tF9Fif' State of Texas WlL.L.IAM L. JOHNSpN RJ Surveying & Associates, Ina, 2900 Jazz Street "0• 5425 Round Rock, Texas 78664 Svi F-10015400 Page 2 of 2 2779-DE5C-28.212AC.DOCX Page 2 of 3 3�� a � v z � o V ~� j� O C5 v j II 4 II II l� � � CS (0 N • O 41 NN N '11 V� O Z � ^ 1 ~ V Q a Q .� NCN � �. 7 N S �"AfTROVAJATF LOCA770M OF SURVEY LINE M. NICKS SURVEY ASSMACT Na 287 42 5. J5 • I N21 *01 52"W i / } t 1 VJd 2tWV LZDZ/5l/1 'DMp`1:)".L DV ZL0P!SAJLd-6LL?\009Z-L5LZ 4E IIADVS Page 3 of 3 Schedule 6 Schedule 7 STATE OF TEXAS § § SECOND AMENDMENT TO COUNTY OF WILLIAMSON § SECOND AMENDED AND RESTATED § CONSENT AGREEMENT CITY OF GEORGETOWN § THIS SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CONSENT AGREEMENT ("Second CA Amendment") is entered into by and between the City of Georgetown, Texas, a Texas home -rule municipality located in Williamson County, Texas ("City"), HM Parkside, LP, a Texas limited partnership ("HM Parkside"), HM Parkside Development, Inc., a Texas corporation affiliated with HM Parkside ("HM Development"), HM GPII, LP, a Texas limited partnership affiliated with HM Parkside ("HM GPII"), HM 2243 Development, Inc., a Texas corporation affiliated with HM Parkside ("HM 2243"), Williamson County Municipal Utility District No. 25 ("WCMUD No. 25"), Parkside on the River Municipal Utility District No. 1 ("POR MUD No. 1"), Parkside on the River Municipal Utility District No. 2 ("POR MUD No. 2"), and, on its creation, Parkside on the River Municipal Utility District No. 3 ("POR MUD No. 3"). RECITALS: A. City, HM Parkside, HM CR 176-2243, LP, a Texas limited partnership affiliated with HM Parkside ("HM-CR"), Laredo W.O. Ltd., a Texas limited partnership, and WCMUD No. 25 entered into the Second Amended and Restated Consent Agreement (the "Second Consent Agreement"), dated as of October 17, 2019, and recorded under Document No. 2019117039 in the Official Public Records of Williamson County, Texas. B. By Partial Assignment and Assumption Agreement dated effective June 25, 2020 and recorded under Document No. 2021073238, Official Public Records of Williamson County, Texas, HM Parkside assigned its interest in and to the Second Consent Agreement to HM Development as to certain land described therein and referred to as the "Initial HM Development Property" (so referred to herein) C. City, HM Parkside, HM Development, HM-CR, HM GPII, WCMUD No 25, and POR MUD No. 1 entered into that certain First Amendment to the Second Amended and Restated Consent Agreement, dated as of June 8, 2021 (the "First CA Amendment") and re -recorded (to include all signature pages) under Document No. 2021086193 in the Official Public Records of Williamson County, Texas, which, Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 1 of 21 (exhibits attached) among other things, added the 314 Acre Tract and the 47 Acre Tract (as defined separately therein, and as collectively defined therein as the "GPII Property") to the Land. D. By Assignment and Assumption Agreement (Second Amended and Restated Consent Agreement) dated effective December 15, 2021 and recorded under Document No. 2021190025, Official Public Records of Williamson County, Texas, HM CR assigned all its interest in the Second Consent Agreement and First CA Amendment to HM 2243. E. By Partial Assignment and Assumption Agreement dated as of December 28, 2021 and recorded under Document No. 2021195619, Official Public Records of Williamson County, Texas, HM Parkside assigned its interest in and to the Second Consent Agreement and First CA Amendment to HM Development as to certain land described therein and referred to as the "2111 HM Development Property" (so referred to herein). F. By Partial Assignment and Assumption Agreement dated as of March 1, 2024 and recorded under Document No. 2024015951, Official Public Records of Williamson County, Texas, HM Parkside assigned its interest in and to the Second Consent Agreement and First CA Amendment to HM Development as to certain land described therein and referred to as the "3,d HM Development Property" (so referred to herein). G. The Second Consent Agreement, as amended by the First CA Amendment, allows the creation of WCMUD No. 25, plus up to three additional municipal utility districts on the Water Oak Property (as defined in Recital D of the Second Consent Agreement), the Remainder Property (as defined in Section 1.04 of the Second Consent Agreement), the 2243 South Tract (as defined in Section 1.05 of the Second Consent Agreement and consisting of the 40 Acres and the 21.305 Acres), and the GPII Property (as defined in the First CA Amendment, consisting of the 314 Acre Tract plus the 47 Acre Tract). H. By order dated December 10, 2009 (per the Original Consent Agreement, pre -dating the Second Consent Agreement, recorded as Document No. 2012006198 in the Official Public Records of Williamson County, Texas), pursuant to City of Georgetown Resolution No. 022608-F, the TCEQ created WCMUD No. 25 consisting of 249.721 acres of land located on the Remainder Property. On May 31, 2012, WCMUD No. 25, pursuant to City of Georgetown Resolution No. Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 2 of 21 (exhibits attached) 0522112-T, annexed an additional 246.745 acres of land into the boundaries of WCMUD No. 25 (being out of the Water Oak Property and the Remainder Property). On August 14, 2014, pursuant to City of Georgetown Resolution No. 081214-L WCMUD No. 25 annexed an additional 48 +/- acres of land into the boundaries of WCMUD No. 25 (being out of the Remainder Property). On February 18, 2020, WCMUD No. 25, pursuant to City of Georgetown Resolution No. 10082019-0, annexed an additional 62.048 acres of land into the boundaries of WCMUD No. 25 (being the 2243 South Tract). On August 17, 2021, WCMUD No. 25, pursuant to City of Georgetown Resolution No. 060821-K, annexed an additional 47.42 acres of land into the boundaries of WCMUD No. 25 (being the 47 Acre Tract out of the GPII Property). WCMUD No. 25 is a discontiguous district, and as of the Effective Date of this Second CA Amendment consists of 653.868 total acres of land located within the boundaries of the Water Oak Property, portions of the Remainder Property, the 2243 South Tract, and the 47 Acre Tract out of the GPII Property, lying both north and south of FM 2243. I. On July 1, 2020, pursuant to City of Georgetown Resolution No. 082719-W, the TCEQ created POR MUD No. 1 over approximately 272.512 acres of land out of the Remainder Property. J. On June 9, 2022, pursuant to City of Georgetown Resolution No. 121421-I, the TCEQ created POR MUD No. 2 consisting of 539.542 acres of land out of the Remainder Property. K. On November 15, 2023, the City Secretary received the "Petition for Creation of Parkside on the River Municipal Utility District No. 3" from HM GPII, over the 314 Acre Tract (out of the GPII Property), as contemplated by the First CA Amendment, and on January 9, 2024 the City passed and approved City of Georgetown Resolution No. 010924-5.G consenting to the creation of POR MUD No. 3. L. City, HM Parkside, and HM-CR entered into that certain Development Agreement Parkside on the River Subdivision (the "Original Development Agreement"), dated as of November 19, 2019, and recorded under Document No. 2019117041, which was amended by that certain First Amendment to and Partial Assignment of Development Agreement Parkside on the River Subdivision (the "First DA Amendment") dated as of December 8, 2020, and recorded under Document No. 2020162167, Official Public Records of Williamson County, Texas, by and between City, HM Parkside, HM-CR, and HM Development, and further Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 3 of 21 (exhibits attached) amended by that certain Second Amendment to Development Agreement Parkside on the River Subdivision (the "Second DA Amendment") dated as of May 25, 2021, and recorded under Document No. 2021082512, Official Public Records of Williamson County, Texas, by and between City, HM Parkside, HM Development, HM-CR, and HM GPII. M. The Original Development Agreement referenced a tract of land now owned by HM 2243 consisting of 28.251 acres of land located south of FM 2243 and adjacent to the In ETJ Tract (referred to as the "Leander ETJ Tract" in the Original Development Agreement), then located in the extraterritorial jurisdiction and water and wastewater Certificates of Convenience and Necessity Nos. 10302 and 20626, respectively, of the City of Leander (collectively, the "Leander CCNs"). N. By order dated August 23, 2023 in Docket No. 54595, the Public Utility Commission granted the petition by HM 2243 for streamlined expedited release of the Leander ETJ Tract from the Leander CCNs; by resolution dated September 21, 2023 the City of Leander released the Leander ETJ Tract from its extraterritorial jurisdiction (Leander Resolution No. 23-017-00); and by resolution dated October 10, 2023 the City of Georgetown accepted the Leander ETJ Tract into its extraterritorial jurisdiction (Georgetown Resolution No. 101023-5.AK), such that as of the Effective Date of this Second CA Amendment, the Leander ETJ tract owned by HM 2243 is not in any water or wastewater Certificate of Convenience and Necessity, and is in the City of Georgetown's extraterritorial jurisdiction (note. the legal description of the Leander ETJ Tract as set out in the resolutions referenced in this Recital M, describes the Leander ETJ Tract as an 28.212 acre tract; for all purposes of this Second CA Amendment, the Leander ETJ Tract description will be as set forth in the resolutions described in this Recital M). O. HM Parkside, HM Development, HM GPII, and HM 2243 wish to amend the Second Consent Agreement to include the Leander ETJ Tract and, by petition received by the City on December 21, 2023, have requested the City's consent to annex the Leander ETJ Tract into WCMUD No. 25. NOW, THEREFORE, for and in consideration of the promises and the mutual agreements set forth herein, the City, HM Parkside, HM Development, HM GPII, and HM 2243 hereby agree as follows: 1. Amendments. The Second Consent Agreement, as amended by the First CA Amendment, is amended as follows: Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 4 of 21 (exhibits attached) a. Section 2.02. The following terms are added to the definitions in Section 2.02: "2nd HM Development Property" means the 171.334 acres described in Special Warranty Deed dated as of December 28, 2021 and recorded under Document No. 2021195608 of the Official Public Records of Williamson County, Texas. "3rd HM Development Property" means the 156.94 acres described in Special Warranty Deed dated as of March 1, 2024 and recorded under Document No. 2024015941 of the Official Public Records of Williamson County, Texas. "HM 2243" means HM 2243 Development, Inc., a Texas corporation. "Leander ETJ Tract" means the 28.251 acres of land described and shown on Schedule 5 attached to this Second CA Amendment. "Parkside Party" means HM Parkside, HM Development, HM GPII, and HM 2243. "POR MUD No. 2" means Parkside on the River Municipal Utility District No. 2, consisting of approximately 359.542 acres of land, described and shown on Schedule 8 attached to this Second CA Amendment, as more fully described in that certain "Order Granting the Petition for Creation of Parkside on the River Municipal Utility District No. 2" issued by the TCEQ on June 9, 2022. "POR MUD No. 3" will mean, on its creation, Parkside on the River Municipal Utility District No. 3, consisting of approximately 314.00 acres of land described and shown on Schedule 9 attached to this Second CA Amendment. b. Section 2.02. The following terms defined in Section 2.02 are repealed and replaced with the following: "Agreement" means the Second Consent Agreement, as modified by the First CA Amendment and this Second CA Amendment. Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 5 of 21 (exhibits attached) "Authorized Assignee" means, as to the Parkside Property, any entity controlled by, controlling, or under common control with a Parkside Party. "Developer Parties" means HM Parkside as to all the Remainder Property except the Initial HM Development Property, the 2^d HM Development Property and the 3rd HM Development Property, HM Development as to the Initial HM Development Property, the 2°d HM Development Property and the 3rd Development Property; HM 2243 as to the 2243 South Tract and the Leander ETJ Tract; HM GPII as to the GPII Property; LWO as to the Water Oak Property; and their respective permitted assigns under this Agreement, but does not include a Lender unless the Lender forecloses and elects to become a party to this Agreement as permitted by Section 11.11(h) and does not include an End Buyer. "Districts" means, collectively, WCMUD No. 25, POR MUD No. 1, POR MUD No. 2 and, when created, POR MUD No. 3, whose boundaries and general locations are shown on the attached Schedule 10. "Land" means the Original Land plus the 2243 South Tract, the GPII Property, and the Leander ETJ Tract. "Parkside Development Agreement" means the Development Agreement originally by and between the City, HM Parkside, and HM-CR pertaining to the development of the Parkside Property, which was approved by the City Council on October 8, 2019 by City Ordinance No. 2019- 69 and recorded under Document No. 2019117041, as amended by First Amendment to and Partial Assignment of Development Agreement Parkside on the River Subdivision dated December 8, 2020, approved by the City Council on December 8, 2020 by City Ordinance No. 2020-84, and recorded under Document No. 2020162167, Official Public Records of Williamson County, Texas, and by Second Amendment to Development Agreement Parkside on the River Subdivision dated to be effective on May 25, 2021 approved by the City Council on May 25, 2021 by City Ordinance No. 2021-40, and recorded under Document No. 2021082512, Official Public Records of Williamson County, Texas, and by Third Amendment to Development Agreement Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 6 of 21 (exhibits attached) Parkside on the River Subdivision dated on or about the date of this Second CA Amendment. "Parkside Property" means collectively, the Remainder Property, the 2243 South Tract, the GPII Property, and the Leander ETJ Tract. "Parties" means, collectively, City, HM Parkside, Laredo WO, Ltd., WCMUD No. 25, HM GPII, HM Development, HM 2243, POR MUD No. 1, POR MUD No. 2, and, on its execution of this Agreement, POR MUD No. 3. "POR MUD No. 1" means Parkside on the River Municipal Utility District No. 1, consisting of approximately 272.512 acres of land, described and shown on Schedule 7 attached to this Second CA Amendment, and as more fully described in that certain "Order Granting the Petition for Creation of Parkside on the River Municipal Utility District No. 1" issued by the TCEQ on July 16, 2020. "WCMUD No. 25" means Williamson County Municipal Utility District No. 25, a discontiguous district consisting of approximately 653.868 total acres of land located within the boundaries of the Water Oak Property, portions of the Remainder Property, the 2243 South Tract, the 47 Acre Tract out of the GPII Property, and, if approved by the WCMUD No. 25 Board of Directors, also including the Leander ETJ Tract, described and shown on the attached Schedule 6. c. Section 2.02. The term "Additional District," as used in the Agreement, is deleted and the term "Additional Districts" set out below is substituted in its place each place it appears in the Agreement. Additional Districts: POR MUD No. 2 and POR MUD No. 3, which are the last 2 municipal utility districts that may be created in accordance with Chapter 54 of the Texas Water Code and this Agreement over portions of the Parkside Property. All references in the Agreement to the/an "Additional District" will mean and refer to the Additional Districts as defined in this Second CA Amendment. No other special districts of any kind are authorized to be created by the Agreement. Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 7 of 21 (exhibits attached) d. Section 4.04. Section 4.04 of the Agreement (as amended by the First CA Amendment) is repealed and replaced with the following: 4.04. (a) The City acknowledges receipt of WCMUD No. 25's and HM GPII's April 20, 2021 "Petition for Consent to Annex Land into Williamson County Municipal Utility District No. 25", in accordance with Section 54.016 of the Texas Water Code, Section 42.042 of the Texas Local Government Code, and Section 13.10 of the UDC for annexation of the 47 Acre Tract into WCMUD No. 25. (b) The City acknowledges receipt of WCMUD No. 25's and HM 2243's January 16, 2024 "Petition for Consent to Annex Land into Williamson County Municipal Utility District No. 25", in accordance with Section 54.016 of the Texas Water Code, Section 42.042 of the Texas Local Government Code, and Section 13.10 of the UDC for annexation of the Leander ETJ Tract into WCMUD No. 25. e. Section 4.05. Section 4.05 of the Agreement (as amended by the First CA Amendment) is repealed and replaced with the following: 4.05. (a) The City Council hereby consents to the inclusion of the 47 Acre Tract within the boundaries of WCMUD No. 25. No further action will be required on the part of the City to evidence its consent to the annexation of the 47 Acre Tract into WCMUD No. 25; however, the City agrees to provide any additional confirmation of its consent that may be required by HM GPII or WCMUD No. 25 if requested to do so. (b) The City Council hereby consents to the inclusion of the Leander ETJ Tract within the boundaries of WCMUD No. 25. No further action will be required on the part of the City to evidence its consent to the annexation of the Leander ETJ Tract into WCMUD No. 25; however, the City agrees to provide any additional confirmation of its consent that may be required by HM 2243 or WCMUD No. 25 if requested to do so. f. Section 4.06. Section 4.06 of the Agreement (as amended by the First CA Amendment) is repealed and replaced with the following: 4.06. (a) WCMUD No. 25 shall provide the City with certified copies of all orders or resolutions effectuating the lawful annexation of the 47 Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 8 of 21 (exhibits attached) Acre Tract into WCMUD No. 25 within ten (10) days after the effective date of same. (b) WCMUD No. 25 shall provide the City with certified copies of all orders or resolutions effectuating the lawful annexation of the Leander ETJ Tract into WCMUD No. 25 within ten (10) days after the effective date of same. g. Section 4.07. A new Section 4.07 is added to the Agreement as follows: 4.07. Pursuant to that certain "Petition for Creation of Parkside on the River Municipal Utility District No. 3" dated November 15, 2023 from HM GPII pertaining to the 314 Acre Tract (being that portion of the GPII Property that is not within the boundaries of WCMUD No. 25) submitted in accordance with Section 54.016 of the Texas Water Code, Section 42.042 of the Texas Local Government Code, Section 13.10 of the UDC, and Sections 5.01 and 5.02 of the Agreement (as amended by the First CA Amendment), on January 9, 2024 City Council passed and approved Resolution No. 010924-5.G consenting to the creation of POR MUD No. 3 over the 314 Acre Tract. HM GPII shall provide the City with certified copies of all TCEQ orders pertaining to the creation of POR MUD No. 3 with ten (10) days of issuance of same. h. Section 7.03. Section 7.03 of the Agreement (as amended by the First CA Amendment) is repealed and replaced with the following: 7.03. Except for the 2243 South Tract, the 47 Acre Tract, and the Leander ETJ Tract, WCMUD No. 25 shall not annex any other land into its boundaries without also amending this Agreement, the Development Agreement, and securing the City's express written consent to the annexation as evidenced by a resolution of the City Council. i. Section 7.04. Section 7.04 of the Second Consent Agreement is repealed and replaced with the following: 7.04 (a) No additional land may be annexed into the boundaries of POR MUD No. 1 except by written amendment to this Agreement and the Development Agreement pursuant to a written petition for annexation jointly executed by the Board of Directors of POR MUD No. Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water,Oak Subdivision Page 9 of 21 (exhibits attached) 1 and the landowner(s) filed with the City Secretary meeting the requirements of this Agreement, and the City's express written consent to the annexation as evidenced by a signed resolution of the City Council. (b) No additional land may be annexed into the boundaries of POR MUD No. 2 except by written amendment to this Agreement and the Development Agreement pursuant to a written petition for annexation jointly executed by the Board of Directors of POR MUD No. 2 and the landowner(s) filed with the City Secretary meeting the requirements of this Agreement, and the City's express written consent to the annexation as evidenced by a signed resolution of the City Council. (c) No additional land may be annexed into the boundaries of POR MUD No. 3 except by written amendment to this Agreement and the Development Agreement pursuant to a written petition for annexation jointly executed by the Board of Directors of POR MUD No. 3 and the landowner(s) filed with the City Secretary meeting the requirements of this Agreement, and the City's express written consent to the annexation as evidenced by a signed resolution of the City Council.. j. Section 14.01. Section 14.01 is hereby repealed and replaced with the following: "14.01. Notice. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) overnight courier or hand delivery, or (ii) certified mail, postage prepaid, return receipt requested, and addressed to the parties at the following addresses: HM Parkside: 1-1M Development HM GPII HM 2243: HM Parkside, LP HM GPII, LP HM Parkside Development, Inc. HM 2243 Development, Inc. 1011 N. Lamar Blvd. Austin, Texas 78703 Attn.: Blake J. Magee Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 10 of 21 (exhibits attached) With a required copy to: Hurst, Savage & Vanderburg, LLP 814 W. 10'" Street Austin, Texas 78701 Attn.: Ann Engles Vanderburg City: City Manager City of Georgetown 808 Martin Luther King Jr. St. Georgetown, Texas 78626 With a required copy to: City Attorney City of Georgetown 809 Martin Luther King Jr. St. Georgetown, Texas 78626 WCMUD No. 25: Williamson County Municipal Utility District No. 25 c/o Allen Boone Humphries Robinson LLP 1108 Lavaca Street, Suite 510 Austin, Texas 78701 Attn: Mr. Trey Lary Phone: (512) 518-2424 POR MUD No. 1: POR MUD No. 2: POR MUD No. 3: Parkside on the River MUD No. 1 Parkside on the River MUD No. 2 Parkside on the River MUD No. 3 c/o Armbrust & Brown, PLLC 100 Congress Avenue, Suite 1300 Austin, Texas 78701 Attn: Mr. John Bartram Phone: (512) 435-2300 Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 11 of 21 (exhibits attached) 2. Defined Terms. Capitalized terms used in this Second CA Amendment that are not otherwise defined shall have the meanings set forth in the Second Consent Agreement, or First CA Amendment, as applicable. 3. Counterparts. This Second CA Amendment may be executed in multiple counterparts, each of which shall be deemed an original instrument, and all of which, taken together, shall constitute one and the same instrument. The signature of any party hereto to any counterpart hereof shall be deemed a signature to, and may be appended to, any other counterpart hereof. 4. Effective Date. This Second CA Amendment will become effective as to the City, the Parkside Parties, WCMUD No. 25, POR MUD No. 1 and POR MUD No. 2 on the latest date accompanying the signature lines for each of them below, and as to POR MUD No. 3 after its creation and when executed by a duly authorized representative of the Board of Directors. 5. Recording. This Second CA Amendment will be recorded in the Official Records of Williamson County, Texas by HM Parkside at its expense. EXHIBIT LIST Schedule 5 Leander ET Tract metes and bounds and sketch Schedule 6 Schedule 7 WCMUD No. 25 metes and bounds and sketch POR MUD No. 1 metes and bounds and sketch Schedule 8 POR MUD No. 2 metes and bounds and sketch Schedule 9 POR MUD No. 3 metes and bounds and sketch Schedule 10 Boundary MaIR showing WCMUD No. 25, POR MUD Nos. 1-3 jSignature Pages to Folloit j Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 12 of 21 (exhibits attached) CITY OF GEORGETOWN, TEXAS By: Printed Name: lush Schroeder Title: Mayor ATTEST: 13 `, Robyn Densmore, City Secretary APPROVED AS TO FORM: 15y: Skye Masson, City Attorney STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me the day of , 2024, by Josh Schroeder, Mayor of the City of Georgetown, Texas, a home -rule city, on behalf of the City. (seal) Notary Public State of Texas Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 13 of 21 (exhibits attached) HM PARKSIDE, LP, a Texas limited partnership By. Hanna/Magee GP #1, Inc., a Texas corporation, General Partner By: STATE OF TEXAS § COUNTY OF TRAVIS § Blake J. Magee, President This instrument was acknowledged before me the day of 2024, by Blake J. Magee, President of Hanna/Magee GP #1, Inc., a Texas corporation, General Partner of HM PARKSIDE, LP, a Texas limited partnership, on behalf of said corporation and partnership. (seal) Notary Public State of Texas Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 14 of 21 (exhibits attached) HM PARKSIDE DEVELOPMENT, INC., a Texas corporation By: STATE OF TEXAS § COUNTY OF TRAVIS § Blake J. Magee, President This instrument was acknowledged before me the day of 2024, by Blake J. Magee, President of HM PARKSIDE DEVELOPMENT, INC., a Texas corporation, on behalf of said corporation. (seal) Notary Public State of Texas Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 15 of 21 (exhibits attached) HM GPII, LP, a Texas limited partnership By: Hanna/Magee GP #1, Inc., a Texas corporation, General Partner Blake J. Magee, President STATE OF TEXAS § COUNTY OF TRAVIS § This instrument was acknowledged before me the day of . 2024, by Blake J. Magee, President of Hanna/Magee GP #1, Inc., a Texas corporation, General Partner of HM GPII, LP, a Texas limited partnership, on behalf of said corporation and partnership. (seal) Notary Public State of Texas Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 16 of 21 (exhibits attached) HM 2243 DEVELOPMENT INC., a Texas corporation By: STATE OF TEXAS § COUNTY OF TRAVIS § Blake J. Magee, President This instrument was acknowledged before me the day of 2024, by Blake J. Magee, President of HM 2243 DEVELOPMENT, INC., a Texas corporation, on behalf of said corporation. (seal) Notary Public State of Texas Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 17 of 21 (exhibits attached) WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO.25 By: Printed Name: Title: ATTEST: By: Printed Name: Title: STATE OF TEXAS § COUNTY OF This instrument was acknowledged before me on the day of . 20_, by . President of the Board of Directors of the Williamson County Municipal Utility District No. 25, a municipal utility districting operating under Chapters 49 and 54 of the Texas Water Code. (seal) By: Notary Public, State of Texas Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 18 of 21 (exhibits attached) PARKSIDE ON THE RIVER MUNICIPAL UTILITY DISTRICT NO.1 By: Printed Name: Title: ATTEST: By:, Printed Name: Title: STATE OF TEXAS COUNTY OF _ day of , 20_, by President of the Board of Directors of the Parkside on the River Municipal Utility District No.1, a municipal utility districting operating under Chapters 49 and 54 of the Texas Water Code. (seal) This instrument was acknowledged before me on the fay: Notary Public, State of Texas Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 19 of 21 (exhibits attached) PARKSIDE ON THE RIVER MUNICIPAL UTILITY DISTRICT NO.2 Im Printed Name: Title: ATTEST: B-t Printed Name: Title: STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 20J by , President of the Board of Directors of the Parkside on the River Municipal Utility District No. 2, a municipal utility districting operating under Chapters 49 and 54 of the Texas Water Code. (seal) Bv: Notary Public, State of Texas Second Amendment to Second Consent Agreement Parkside on the River Subdivision/Water Oak Subdivision Page 20 of 21 (exhibits attached) FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2024031828 AGR Fee: $221.25 04/23/2024 11:57 AM OSALINAS � w Nancy E. Rlster, County Clerk Williamson County, Texas