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HomeMy WebLinkAboutRES 012825-5.C - Woodside MUD - First Amendment to Consent AgreementRESOLUTION NO. O 1-.SC, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS APPROVING THE FIRST AMENDMENT TO THE CONSENT AGREEMENT BY AND BETWEEN THE CITY, MK MADISON DAVELOPMENT, INC.; AND THE WOODSIDE MUNICIPAL UTILITY DISTRICT NO. 1, MAKING RELATED FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City, and MK Madison, LP entered into that certain Consent Agreement dated to be effective on approval of the District and recorded in the Official Records of Williamson County, Texas, as Document No. 2022087835 (the "Original Consent Agreement"). WHEREAS, an order authorizing creation of the District was issued by the Texas Commission on Environmental Quality (the "TCEO") on March 15, 2023 authorizing the creation of a municipal utility district known as "Woodside Municipal Utility District No. 1" (the "District") over 486.324 acres of land located in the City of Georgetown, Williamson County, Texas (the "Land"). WHEREAS, the District approved and joined the Original Consent Agreement on April 27, 2023. WHEREAS, by Assignment and Assumption Agreement dated January 5, 2023, MK Madison, LP assigned its interest in the Original Consent Agreement to MK Madison Development, Inc. ("MK Development"), and MK Development was an authorized assignee of MK Madison LP under the Consent Agreement. WHEREAS, the City and MK Development agree that certain unique tree mitigation efforts in addition to those required by the Original Consent Agreement are needed for the development of the Land due to the placement of trees currently located on the Land and the size and natural topography of the Land. WHEREAS, acknowledging the unique challenges related to developing the Land while maximizing tree preservation and long-term maintenance, the City and MK Development wish to make modifications to the Consent Agreement related to the applicable development regulations for tree preservation. WHEREAS, the City Council desires to approve the First Amendment to the Consent Agreement in the form attached to this Resolution as Attachment 1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1: The foregoing recitals are found to be true and correct and are incorporated into this Resolution by this reference for all purposes. SECTION 2: The City Council of the City of Georgetown, Texas hereby approves the First Amendment to the Consent Agreement in the form attached to this Resolution as Attachment 1. Resolution No. 61 .0O2 — :5. C Shell Road MUD — First Amendment to Consent Agreement Page 1 of 3 SECTION 3: It is hereby officially found and detennined that the meeting at which this Resolution was considered was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by the Texas Open Meetings Act, Chapter 551, Texas Government Code. SECTION 4 The Mayor is hereby authorized to sign this Resolution and the First Amendment attached to this Resolution as Attachment 1, and the City Secretary is authorized to attest. This Resolution shall become effective on its passage. Attachments: Attachment 1: First Amendment to Consent Agreement — Woodside MUD. RESOLVED this a2�k day of 2025. CITY OF CyEORGETOWN, TEXAS LIM Josh Attest: By: Robyn ensmore, City Secretary Approved as to form: By: Sk ass n, City Attorney Resolution No. _n iAg25— S. L Shell Road MUD - First Amendment to Consent Agreement Page 2 of 3 STATE OF TEXAS § § FIRST AMENDMENT TO COUNTY OF WILLIAMSON § CONSENT AGREEMENT § WOODSIDE MUD NO. 1- IN -CITY MUD CITY OF GEORGETOWN § THIS FIRST AMENDMENT TO CONSENT AGREEMENT (this "First Amendment") is entered into as of , 202_ by and between the City of Georgetown, Texas, a Texas home -rule municipality located in Williamson County, Texas ("City"), MK Madison Development, Inc., a Texas corporation ("MK Development"), and Woodside Municipal District No. 1, a municipal utility district in Williamson County created under Article XVI, Section 59 of the Texas Constitution and Chapters 49 and 54 of the Texas Water Code (the "District"). RECITALS: A. City and MK Madison, LP, a Texas limited partnership ("MKLP") entered into a Consent Agreement (the "Consent Agreement"), dated as of July 12, 2022, and recorded under Document No. 2022087835, Official Public Records of Williamson County, Texas, with respect to 486.324 acres in Williamson County, Texas, more particularly described on Exhibit "A" to the Consent Agreement (the "Land"). B. MK Development acquired the Land from MKLP via Assumption Special Warranty Deed, dated as of January 5, 2023 and recorded under Document No. 2023001773, Official Public Records of Williamson County, Texas. Concurrently MKLP assigned to MK Development all rights and obligations of MKLP under the Consent Agreement by Assignment and Assumption Agreement dated as of January 5, 2023 and recorded under Document No. 2023001808, Official Public Records of Williamson County, Texas. MK Development was an Authorized Assignee of MKLP under the Consent Agreement. C. On March 15, 2023, the TCEQ approved the creation of a new "in City" municipal utility district known as "Woodside Municipal Utility District No. 1" over the Land, the District executed the Consent Agreement on April 27, 2023, and the Consent Agreement was rerecorded under Document No. 2023035185 of the Official Public Records of Williamson County, Texas. D. As of the date of this First Amendment, all of the Residential Development Areas lie within either the Woodside West Preliminary Plat, as amended most recently First Amendment to Consent Agreement Page 1 of 8 Woodside MUD No. 1— In -City -MUD (exhibits attached) and approved by the City on June 17, 2024 under Case No. 2024-9-PP or the Woodside East Preliminary Plat, as amended most recently and approved by the City on October 29, 2024 under Case No. 2024-11-PP (each such Preliminary Plat, as same may be amended from time to time, a "Residential Preliminary Plat"). E. City and MK Development wish to make the modifications to the Consent Agreement set out below. Hereafter, the term "Agreement" shall mean and refer to the Consent Agreement as amended by this First Amendment. NOW, THEREFORE, for and in consideration of the promises and the mutual agreements set forth herein, City, MK Development and the District agree as follows: 1. Recitals. The Parties agree that the Recitals A through E are true and correct in all material respects and are a part of this Agreement. 2. Definitions. Capitalized terms used in this First Amendment and not defined herein will have the meanings set out in the Consent Agreement. Section 2.02 of the Consent Agreement is amended to add the following definitions, to be listed alphabetically as follows: Cost Estimate has the meaning set out in Section 7.07(2)(a). Outside Replacement Tree Planting Deadline means, as to each final plat for which a Security Amount is deposited pursuant to Section 7.07(2), the one year anniversary of the date the Security Amount is deposited with the City. Plan Set Replacement Tree means a Replacement Tree shown to be planted on the Tree Preservation Plan sheet of a set of approved Construction Plans associated with a proposed final plat. Residential Preliminary Plat has the meaning set out in Recital D above and Residential Preliminary Plats means both such Residential Preliminary Plats, collectively. Replacement Tree means a tree that meets the criteria set out in Section 8.06.020.B.2 of the UDC. Security Amount has the meaning set out in Section 7.07(2)(a). First Amendment to Consent Agreement Page 2 of 8 Woodside MUD No. 1— In -City -MUD (exhibits attached) Total Required Tree Mitigation for Residential Development Areas has the meaning set out in Section 7.07. Tree Mitigation Common Areas means common areas, landscape lots, parks, amenity centers, ponds, collector road right of ways, open space lots and/or median lots within the Project. 3. Amendments to the Consent Agreement. The Parties confirm that as of the date of this First Amendment, (a) the two Residential Preliminary Plats contemplate, in the aggregate, development of 1169 single family lots within the Residential Development Areas, and (b) MK Development has paid to the City $314,887.50 under UDC Chapter 8, Section 8.02.040.C.4.b. (a) A new Section 7.07 is added to the Consent Agreement as follows: Section 7.07. Tree Mitigation. The provisions of UDC Chapter 8 related to tree mitigation and preservation within the Land are hereby modified with respect to the Residential Development Areas to provide that the Total Required Tree Mitigation for the Residential Development Areas is based on removal of 3333 inches of Heritage Trees measured at DBH (as both such terms are defined in the UDC). The Parties agree the Total Required Tree Mitigation for the Residential Development Areas will be satisfied by the following: (i) payment of $314,887.50 cash pursuant to UDC Chapter 8, Section 8.02.040.C.4.b (which has been previously paid), (ii) planting of 800 on -site Replacement Trees within the Tree Mitigation Common Areas, and (iii) planting of 2500 on -site Replacement Trees on the single-family lots within the Residential Development Areas, as to (ii) and (iii), in compliance with all requirements of the UDC. If, however, either or both of the Residential Preliminary Plats is modified in a manner that causes more than 3,333 inches of Heritage Trees to be removed within the Residential Development Areas, the Total Required Tree Mitigation for the Residential Development Areas will increase in accordance with the following: the cash payment required by (i) above will be increased by an amount calculated at $675 multiplied by each additional inch removed in excess of the projected 3,333 inches. Notwithstanding the provisions of Sections 8.02.040.C.3.d.ii or 8.02.040.C.4 of the UDC, no additional determinations of the Urban Forester are required to allow planting of Replacement Trees under (ii) and (iii) above. Replacement Trees will be planted and maintained in accordance with the requirements of Section 8.06 of the UDC, and as to Replacement Trees within Tree Mitigation Common Areas, in accordance with the requirements of the last sentence of Section 12.04.020 of the UDC, and the last sentence of Section 12.06.G of the UDC (including the criteria in G.1 through First Amendment to Consent Agreement Page 3 of 8 Woodside MUD No. 1— In -City -MUD (exhibits attached) G.7); neither Section 12.04.020 or Section 12.06.G will be interpreted to preclude MK Development from planting trees within the Tree Mitigation Common Areas. Final plats within the Land may be approved and recorded subject to the following: 1. All Plan Set Replacement Trees associated with the final plat have been planted and accepted by the City; or 2. If all Plan Set Replacement Trees associated with the final plat have not been planted, and accepted by the City, then the following will be deposited with the City in cash: (a) if no Plan Set Replacement Trees associated with the final plat have been planted, an amount equal to one hundred twenty-five percent (125%) of the total cost to install all Plan Set Replacement Trees and necessary irrigation, tree barriers, and other structures within the proposed plat ("Security Amount"), as determined by an estimate signed and sealed by a landscape architect provided by MK Woodside and approved by the City ("Cost Estimate"). (b) if some but not all Plan Set Replacement Trees associated with the final plat have been planted, the Security Amount will be calculated based on one hundred twenty-five percent (125%) of the total cost to install the Plan Set Replacement Trees and necessary irrigation, tree barriers, and other structures which remain to be planted within the proposed plat, as determined by a Cost Estimate. 3. The City will hold the Security Amount to ensure compliance with the requirements of this Agreement. If any Plan Set Replacement Trees remain unplanted by the applicable Outside Replacement Tree Planting Deadline, a portion of the Security Amount equal to the cost to install those Plan Set Replacement Trees and necessary irrigation, tree barriers, and other structures for which the Security Amount was posted but which have not been planted shall be surrendered to the City and the balance will be refunded to MK Development upon request pursuant to Section 7.07(4) below. 4. MK Development may request refund of all or a portion of a Security Amount pursuant to Section 7.07(3) above after either (1) installation First Amendment to Consent Agreement Page 4 of 8 Woodside MUD No. 1— In -City -MUD (exhibits attached) and acceptance of all Plan Set Replacement Trees, or (2) the Outside Replacement Tree Planting Deadline. 5. No application, submittal, or administrative fees will be assessed by the City for requests for refund(s) under this Section 7.07. (b) Section 19.02 of the Consent Agreement is amended to read as follows: Section 19.02 Notice. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) by overnight courier or hand delivery, or (ii) certified mail, postage prepaid, return receipt requested, and addressed to the Parties at the following addresses, or to such other address as a Party may from time to time designate by giving notice in writing to the other Parties: CITY: City of Georgetown 808 Martin Luther King Street Georgetown, Texas 78626 or P.O. Box 409 Georgetown, Texas 78627 Attn: City Manager with copies to: City of Georgetown City Attorney 808 Martin Luther King Street Georgetown, Texas 78626 or P.O. Box 409 Georgetown, Texas 78627 Attn: City Attorney MK DEVELOPMENT: MK Woodside Development, Inc. P.O. Box 5397 Austin, TX 78763-5397 Attn: Blake J. Magee Phone: (512) 970-4112 With copies to: Ann E. Vanderburg Hurst Savage & Vanderburg, LLP 814 West loth Street First Amendment to Consent Agreement Page 5 of 8 Woodside MUD No. 1— In -City -MUD (exhibits attached) Austin, Texas 78701-2005 Phone: (512) 474-8401 The DISTRICT: Woodside Municipal Utility District No. 1 c/o Armbrust & Brown, PLLC 100 Congress Avenue, Ste 1300 Austin, Texas 78701 Attn: Mr. John Bartram Phone: (512) 435-2319 The Parties may change their respective addresses to any other address within the United States of America or designate additional persons to receive notice by giving at least five (5) days' written notice to the other Party. 4. Counterparts. This First 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. 5. Recording. This First Amendment will be recorded in the Official Records of Williamson County, Texas by MK Development at MK Development's expense. [Signature Pages to Follow] First Amendment to Consent Agreement Page 6 of 8 Woodside MUD No. 1— hi -City -MUD (exhibits attached) CITY OF GF,I WETOWN, TEXAS By: Pritdd an4e osh Schroeder TitlMayor ATTEST: By: RobyrPDensmore, City Secretary APPROVED AS TO FORM: By: �J4 S ,e Mason, City Attorney STATE OF TEXAS § COUNTY OF WILLIAMSON § This i strument wa acknowledged before me the � day of 202bb Josh Schroeder, Mayor of the City of Georgetown, Texas, i Yhome-rulekty, on behalf of the City. (seal) 11101'".,, LINDA RUTH WHITE Notary Public, State of Texas ,��'•., .'� Comm. Expires O5-24-2028 ),,,,,,,��` Notary ID 124936123 First Amendment to Consent Agreement Woodside MUD No. 1— In -City -MUD Nota Public Stat of Texas Page 7 of 8 (exhibits attached) MK WOODSIDE DEVELOPMENT, INC., a Texas corporation 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 HM WOODSIDE DEVELOPMENT, INC., a Texas corporation, on behalf of said corporation. (seal) Notary Public State of Texas First Amendment to Consent Agreement Page 8 of 8 Woodside MUD No. 1— In -City -MUD (exhibits attached) WOODSIDE MUNICIPAL UTILITY DISTRICT NO.1 By: Printed N Title: ATTEST: By: Name: Title: STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of 202, by , President of Woodside Municipal Utility District No. 1, a municipal utility district operating under Chapters 49 and 54 of the Texas Water Code. (seal) Notary Public State of Texas First Amendment to Consent Agreement Page 9 of 8 Woodside MUD No. 1— In -City -MUD (exhibits attached) EXHIBIT A Resolution No. O I I `f a S- 6. F- Woodside MUD - First Amendment to Consent Agreement Page 3 of 3 2025011417 CSNT Total Pages: 9 ■III 1K M NV,16 tiw' M INI 11`10111®1 II1 STATE OF TEXAS § § COUNTY OF WILLIAMSON § § CITY OF GEORGETOWN § FIRST AMENDMENT TO CONSENT AGREEMENT WOODSIDE MUD NO. 1- IN -CITY MUD THIS FIRST AMENDMENT TO CONSENT AGREEMENT (this "First Amendment") is entered into as of 2026 by and between the City of Georgetown, Texas, a Texas home -rule municipality located in Williamson COLlllty, Texas ("City"), MK Woodside Development, Inc., a Texas corporation ("MK Development"), and Woodside Municipal District No. 1, a municipal utility district in Williamson County created under Article XVI, Section 59 of the Texas Constitution and Chapters 49 and 54 of the Texas Water Code (the "District"). RECITALS: A. City and MK Madison, LP, a Texas limited partnership ("MKLP") entered into a Consent Agreement (the "Consent Agreement"), dated as of July 12, 2022, and recorded under Document No. 2022087835, Official Public Records of Williamson County, Texas, with respect to 486.324 acres in Williamson County, Texas, more particularly described on Exhibit "A" to the Consent Agreement (the "Land"). B. MK Development acquired the Land from MKLP via Assumption Special Warranty Deed, dated as of January 5, 2023 and recorded under Document No. 2023001773, Official Public Records of Williamson County, Texas. Concurrently MKLP assigned to MK Development all rights and obligations of MKLP under the Consent Agreement by Assignment and Assumption Agreement dated as of January 5, 2023 and recorded under Document No. 2023001808, Official Public Records of Williamson County, Texas. MK Development was an Authorized Assignee of MKLP under the Consent Agreement. C. On March 15, 2023, the TCEQ approved the creation of a new "in City" municipal utility district known as "Woodside Municipal Utility District No. 1" over the Land, the District executed the Consent Agreement on April 27, 2023, and the Consent Agreement was rerecorded under Document No. 2023035185 of the Official Public Records of Williamson County, Texas. D. As of the date of this First Amendment, all of the Residential Development Areas lie within either the Woodside West Preliminary Plat, as amended most recently First Amendment to Consent Agreement Page 1 of 8 Woodside MUD No. 1— In -City -MUD (exhibits attached) and approved by the City on June 17, 2024 under Case No. 2024-9-PP or the Woodside East Preliminary Plat, as amended most recently and approved by the City on October 29, 2024 under Case No. 2024-11-PP (each such Preliminary Plat, as same may be amended from time to time, a "Residential Preliminary Plat"). E. City and MK Development wish to make the modifications to the Consent Agreement set out below. Hereafter, the term "Agreement" shall mean and refer to the Consent Agreement as amended by this First Amendment. NOW, THEREFORE, for and in consideration of the promises and the mutual agreements set forth herein, City, MK Development and the District agree as follows: 1. Recitals. The Parties agree that the Recitals A through E are true and correct in all material respects and are a part of this Agreement. 2. Definitions. Capitalized terms used in this First Amendment and not defined herein will have the meanings set out in the Consent Agreement. Section 2.02 of the Consent Agreement is amended to add the following definitions, to be listed alphabetically as follows: Cost Estimate has the meaning set out in Section 7.07(2)(a). Outside Replacement Tree Planting Deadline means, as to each final plat for which a Security Amount is deposited pursuant to Section 7.07(2), the one year anniversary of the date the Security Amount is deposited with the City. Plan Set Replacement Tree means a Replacement Tree shown to be planted on the Tree Preservation Plan sheet of a set of approved Construction Plans associated with a proposed final plat. Residential Preliminary Plat has the meaning set out in Recital D above and Residential Preliminary Plats means both such Residential Preliminary Plats, collectively. Replacement Tree means a tree that meets the criteria set out in Section 8.06.020.B.2 of the UDC. Security Amount has the meaning set out in Section 7.07(2)(a). First Amendment to Consent Agreement Page 2 of 8 Woodside MUD No. 1 - In -City -MUD (exhibits attached) Total Required Tree Mitigation for Residential Development Areas has the meaning set out in Section 7.07. Tree Mitigation Common Areas means common areas, landscape lots, parks, amenity centers, ponds, collector road right of ways, open space lots and/or median lots within the Project. 3. Amendments to the Consent Agreement. The Parties confirm that as of the date of this First Amendment, (a) the two Residential Preliminary Plats contemplate, in the aggregate, development of 1169 single family lots within the Residential Development Areas, and (b) MK Development has paid to the City $314,887.50 under UDC Chapter 8, Section 8.02.040.C.4.b. (a) A new Section 7.07 is added to the Consent Agreement as follows: Section 7.07. Tree Mitigation. The provisions of UDC Chapter 8 related to tree mitigation and preservation within the Land are hereby modified with respect to the Residential Development Areas to provide that the Total Required Tree Mitigation for the Residential Development Areas is based on removal of 3333 inches of Heritage Trees measured at DBH (as both such terms are defined in the UDC). The Parties agree the Total Required Tree Mitigation for the Residential Development Areas will be satisfied by the following: (i) payment of $314,887.50 cash pursuant to UDC Chapter 8, Section 8.02.040.C.4.b (which has been previously paid), (ii) planting of 800 on -site Replacement Trees within the Tree Mitigation Common Areas, and (iii) planting of 2500 on -site Replacement Trees on the single-family lots within the Residential Development Areas, as to (ii) and (iii), in compliance with all requirements of the UDC. If, however, either or both of the Residential Preliminary Plats is modified in a manner that causes more than 3,333 inches of Heritage Trees to be removed within the Residential Development Areas, the Total Required Tree Mitigation for the Residential Development Areas will increase in accordance with the following: the cash payment required by (i) above will be increased by an amount calculated at $675 multiplied by each additional inch removed in excess of the projected 3,333 inches. Notwithstanding the provisions of Sections 8.02.040.C.3.d.ii or 8.02.040.C.4 of the UDC, no additional determinations of the Urban Forester are required to allow planting of Replacement Trees under (ii) and (iii) above. Replacement Trees will be planted and maintained in accordance with the requirements of Section 8.06 of the UDC, and as to Replacement Trees within Tree Mitigation Common Areas, in accordance with the requirements of the last sentence of Section 12.04.020 of the UDC, and the last sentence of Section 12.06.G of the UDC (including the criteria in G.1 through First Amendment to Consent Agreement Page 3 of 8 Woodside MUD No. 1 — In -City -MUD (exhibits attached) G.7); neither Section 12.04.020 or Section 12.06.G will be interpreted to preclude MK Development from planting trees within the Tree Mitigation Common Areas. Final plats within the Land may be approved and recorded subject to the following: 1. All Plan Set Replacement Trees associated with the final plat have been planted and accepted by the City; or 2. If all Plan Set Replacement Trees associated with the final plat have not been planted, and accepted by the City, then the following will be deposited with the City in cash: (a) if no Plan Set Replacement Trees associated with the final plat have been planted, an amount equal to one hundred twenty-five percent (125%) of the total cost to install all Plan Set Replacement Trees and necessary irrigation, tree barriers, and other structures within the proposed plat ("Security Amount"), as determined by an estimate signed and sealed by a landscape architect provided by MK Development and approved by the City ("Cost Estimate"). (b) if some but not all Plan Set Replacement Trees associated with the final plat have been planted, the Security Amount will be calculated based on one hundred twenty-five percent (125%) of the total cost to install the Plan Set Replacement Trees and necessary irrigation, tree barriers, and other structures which remain to be planted within the proposed plat, as determined by a Cost Estimate. 3. The City will hold the Security Amount to ensure compliance with the requirements of this Agreement. If any Plan Set Replacement Trees remain unplanted by the applicable Outside Replacement Tree Planting Deadline, a portion of the Security Amount equal to the cost to install those Plan Set Replacement Trees and necessary irrigation, tree barriers, and other structures for which the Security Amount was posted but which have not been planted shall be surrendered to the City and the balance will be refunded to MK Development upon request pursuant to Section 7.07(4) below. 4. MK Development may request refund of all or a portion of a Security Amount pursuant to Section 7.07(3) above after either (1) installation First Amendment to Consent Agreement Page 4 of 8 Woodside MUD No. 1— In -City -MUD (exhibits attached) and acceptance of all Plan Set Replacement Trees, or (2) the Outside Replacement Tree Planting Deadline. 5. No application, submittal, or administrative fees will be assessed by the City for requests for refund(s) under this Section 7.07. (b) Section 19.02 of the Consent Agreement is amended to read as follows: Section 19.02 Notice. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) by overnight courier or hand delivery, or (ii) certified mail, postage prepaid, return receipt requested, and addressed to the Parties at the following addresses, or to such other address as a Party may from time to time designate by giving notice in writing to the other Parties: CITY: City of Georgetown 808 Martin Luther King Street Georgetown, Texas 78626 or P.O. Box 409 Georgetown, Texas 78627 Attn: City Manager with copies to: City of Georgetown City Attorney 808 Martin Luther King Street Georgetown, Texas 78626 or P.O. Box 409 Georgetown, Texas 78627 Attn: City Attorney MK DEVELOPMENT: MK Woodside Development, Inc. P.O. Box 5397 Austin, TX 78763-5397 Attn: Blake J. Magee Phone: (512) 970-4112 With copies to: Ann E. Vanderburg Hurst Savage & Vanderburg, LLP 814 West 10th Street First Amendment to Consent Agreement Page 5 of 8 Woodside MUD No. 1 — In -City -MUD (exhibits attached) Austin, Texas 78701-2005 Phone: (512) 474-8401 The DISTRICT: Woodside Municipal Utility District No. 1 c/o Armbrust & Brown, PLLC 100 Congress Avenue, Ste 1300 Austin, Texas 78701 Attn: Mr. John Bartram Phone: (512) 435-2319 The Parties may change their respective addresses to any other address within the United States of America or designate additional persons to receive notice by giving at least five (5) days' written notice to the other Party. 4. Counterparts. This First 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. 5. Recording. This First Amendment will be recorded in the Official Records of Williamson County, Texas by MK Development at MK Development's expense. [Signature Pages to Follow] First Amendment to Consent Agreement Page 6 of 8 Woodside MUD No. 1— In -City -MUD (exhibits attached) CITY OF GEORGETOWN, TEXAS By: Printed ame. Josh Title: ATTEST: By. t Robyn ensmore, City Secretary APPROVED AS TO FORM: By: Sky asson, City Attorney STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me the 7+ ` day of 2025, by Josh Schroeder, Mayor of the City of Georgetown, Texas, a home -rule lity, on behalf of the City. (seal) Shannon Biddle -�— My Commission Expires * * 9/26/2026 Notary ID133982902 First Amendment to Consent Agreement Woodside MUD No. 1 — In -City -MUD r �•S tate of Texas Page 7 of 8 (exhibits attached) MK WOODSIDE DEVELOPMENT, INC., a Texas corporation -�MBy: Make J. Magee, President STATE OF TEXAS § COUNTY OF TRAVIS § This instrument was acknowledged before me the 36 day of Q- 42:Q 2025, by Blake J. Magee, President of WOODSIDE DIEVELOPMEN-f,)INC., a Texas corporation, on behalf of said corporation. (seal) CORINA R. HINOJOS Notary Public State of Texas Notary Public, State of Texas v, ....•+v Comm. Expires 09-28-2026 Notary ID 2279126 First Amendment to Consent Agreement Page 8 of 8 Woodside MUD No. I — In -City -MUD (exhibits attached) WOODSIDE MUNICIPAL UTILITY DISTRICT NO. 1 By: Printed Name: Travis Sikes Title: President, Board of Directors ATTEST: By: /'/'4 �' Name: Craig Andrus Title: Secretary, Board of Directors STATE OF TEXAS § COUNTY OFT1ZArYXS § This instrument was acknowledged before me on the 1,1,+K day of 202 by Tt�ViisS;�2S , President of Woodside Municipal Utility District No. 1, a municipal utility district operating under Chapters 49 and 54 of the Texas Water Code. (seal) RTRAM State of Texas Notary Public Commission No. 12511627-5 Notary Public State of Texas M •,may My Commission Expires 1111212028 lJ C;xY e C e r a, ri3�a!a 1 l Cii First Amendment to Consent Agreement Woodside MUD No. 1 — In -City -MUD FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2025011417 CSNT Fee: $57.00 02/18/2025 10:32 AM OSALINAS Nancy E.—Rl_ster County Clerk Williamson County, Texas Page 9 of 8 (exhibits attached)