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
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