HomeMy WebLinkAboutRes 2014-09-05 SIA Anna Town Ctr 1st AmendmentCITY OF ANNA, TEXAS
RESOLUTION NO. 2014-09-05
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FIRST AGREEMENT
AMENDING A SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF
ANNA, TEXAS (THE "CITY") AND ANNA TOWN CENTER NO. 1/BRGT, LTD., ANNA
TOWN CENTER NO. 2/BRTO, LTD., ANNA TOWN CENTER NO. 3/WARN, LTD., ANNA
TOWN CENTER NO. 4/SHRP, LTD., ANNA TOWN CENTER NO. 5/HSLT, LTD., ANNA
TOWN CENTER NO. 6/LNRD, LTD., ANNA TOWN CENTER NO. 7/LNRD, LLC, 40 PGE,
LTD., O.P. LEONARD, JR. INVESTMENT COMPANY, LTD., AND NANCY ALICE
LEONARD INVESTMENT COMPANY, LTD., (COLLECTIVELY, "OWNER") AND ANNA
CROSSING AMC, LTD., ("PAYEE").
WHEREAS, on February 11, 2014 the City Council of the City of Anna, Texas (the "City
Council") approved a Subdivision Improvement Agreement (SIA) with the Owners of an
approximate 634 acre tract of land located in the Grandison Stark Survey, Abstract No. 798,
and;
WHEREAS, the City, Owner, and Payee now desire to amend the SIA to address the
requirement to construct certain Public Improvements; and
WHEREAS, the City Council finds that approval of this First Agreement Amending the SIA
will benefit the City and is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 3. Approval of Agreement Amending Subdivision Improvement Agreement.
The City Council hereby approves the First Agreement Amending the Subdivision
Improvement Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves
the City Manager's execution of same. The City Manager is hereby authorized to execute all
documents and to take all other actions necessary to finalize, act under, and enforce the
amended Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 9th
day of September, 2014.
ATTEST:
a
kison, City Secretary
�`�a1 �Ojy/tri APP
• e y
RES. 2014-09-05 Amended Subdivision Improvement Agr�rErygpn��own Ctr
ayor, Mike Crist
PAGE 1 OF 1 09-09-14
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
This First Agreement Amending Subdivision Improvement Agreement (this "First Amendment") is
entered into between and among the City of Anna, Texas (the "City") and Anna Town Center No.
1/BRGT, Ltd., Anna Town Center No. 2/13RTO, Ltd., Anna Town Center No. 3/WARN, Ltd., Anna Town
Center No. 4/SHRP, Ltd., Anna Town Center No. 5/HSLT, Ltd., Anna Town Center No. 6/LNRD, Ltd.,
Anna Town Center No. 7/LNRD, LLC, 40 PGE, Ltd., O.P. Leonard, Jr. Investment Company, Ltd., and
Nancy Alice Leonard Investment Company, Ltd., (collectively, "Owner") and Anna Crossing AMC, Ltd.,
("Payee") as follows:
WHEREAS, Owner, Payee and the City are sometimes collectively referenced in this First Amendment
as the "Parties"; and
WHEREAS, the Parties previously entered into a Subdivision Improvement Agreement ("SIA"), attached
hereto as Exhibit 1, related to the Development of the Property; and
WHEREAS, the City, Owner, and Payee now desire to amend the SIA to address the requirement to
construct certain Public Improvements; and
WHEREAS, the capitalized terms used in this First Amendment are as defined in the SIA unless
expressly set forth to the contrary herein; and
WHEREAS, it is the Parties' mutual intent that this First Amendment shall govern only the subject
matter specifically set forth herein and shall supersede any previous agreement between the Parties
and City Regulations only to the extent that any such agreements or City Regulations directly conflict
with the terms of this First Amendment; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as
follows:
SECTION 1 RECITALS INCORPORATED
The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties'
intent under this First Amendment and said recitals constitute representations by Owner, Payee and
the City.
SECTION 2 REPLACEMENT OF EXHIBIT B
Exhibit B of the SIA is hereby amended and replaced with a new Exhibit B which is attached to this First
Amendment as Exhibit 2.
SECTION 3 REPLACEMENT OF EXHIBIT D
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page I 1
Exhibit D of the SIA is hereby amended and replaced with a new Exhibit D which is attached to this First
Amendment as Exhibit 3.
SECTION 4 AMENDMENTS TO SECTION 6
Section 6 paragraph (a)(1) of the SIA is hereby amended as follows:
(1) Owner is responsible for funding and construction of all roadway improvements required to
serve the Property, including but not limited to the Roadway Facilities and at least two lanes
of each roadway included in Exhibit F €4 Future Roadway Facilities; provided, however, that
Owner—to the extent provided for in this Agreement—shall be entitled to reimbursement of
certain road capital improvement fees in a total amount that shall not exceed the Final
Reimbursable Amount for the Roadway Facilities and the Future Roadway Facilities.
Section 6 paragraph (b)(2)(ii) of the SIA is hereby amended as follows:
ii. Except as outlined in paragraph (2)(iii) below, Reimbursable Costs of the Future Roadway
Facilities include engineering, design, and construction costs necessary for Future Roadway
Facilities in excess of two lanes of each roadway included in Exhibit F E4 that are constructed
by the Owner and accepted by the City within ten (10) years of the Effective Date of this
Agreement.
SECTION 5 REPLACEMENT OF EXHIBIT E
Exhibit E of the SIA is hereby amended and replaced with a new Exhibit E which is attached to this First
Amendment as Exhibit 4.
SECTION 6 REPLACEMENT OF EXHIBIT I
Exhibit I of the SIA is hereby amended and replaced with a new Exhibit I which is attached to this First
Amendment as Exhibit 5.
SECTION 7 CONFLICTS AND EFFECTIVE DATE
To the extent of any conflict between this First Amendment and the SIA, this First Amendment shall
govern. The Effective Date of this First Amendment is the date that the last of the Parties'
signatures to this First Amendment is fully and properly affixed to this First Amendment and
acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless
and until the City Council has duly adopted this First Amendment and Owner and Payee have duly
executed same.
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 12
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 13
Owner:
Anna Town Center No. 1/BRGT, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 1/BRGT GP Corporation,
a Texas Corporation, its General Partner
0
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Anna Town Center No. 1/BRGT GP Corporation, in its capacity as general
partner for Anna Town Center No. 1/BRGT, Ltd.
Notary Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 14
Owner:
Anna Town Center No. 2/BRTO, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 2/BRTO GP Corporation,
a Texas Corporation, its General Partner
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Anna Town Center No. 2/BRTO GP Corporation, in its capacity as general
partner for Anna Town Center No. 2/BRTO, Ltd.
Notary Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 1 5
Owner:
Anna Town Center No. 3/WARN, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 3/WARN GP Corporation,
a Texas Corporation, its General Partner
M
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Anna Town Center No. 3/WARN GP Corporation, in its capacity as general
partner for Anna Town Center No. 3/WARN, Ltd.
Notary Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 16
Owner:
Anna Town Center No. 4/SHRP, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 1/SHRP GP Corporation,
a Texas Corporation, its General Partner
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Anna Town Center No. 1/SHRP GP Corporation, in its capacity as general
partner for Anna Town Center No. 1/SHRP, Ltd.
Notary Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 17
Owner:
Anna Town Center No. 5/HSLT, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 5/HSLT GP Corporation,
a Texas Corporation, its General Partner
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Anna Town Center No. 5/HSLT GP Corporation, in its capacity as general
partner for Anna Town Center No. 5/HSLT, Ltd.
Notary Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 18
Owner:
Anna Town Center No. 6/LNRD, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 6/LNRD GP Corporation,
a Texas Corporation, its General Partner
a
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Anna Town Center No. 6/LNRD GP Corporation, in its capacity as general
partner for Anna Town Center No. 6/LNRD, Ltd.
Notary Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 19
Owner:
Anna Town Center No. 7/LNRD, LLC,
a Texas limited liability company,
By: Skorburg ATC No. 7/LNRD, Ltd.,
a Texas Limited Partnership
By: Skorburg ATC No. 7/LNRD GP Corporation,
a Texas corporation, its General Partner
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Skorburg ATC No. 7/LNRD GP Corporation, in its capacity as general partner for
Skorburg ATC No. 7/LNRD, Ltd., in its capacity as managing member of Anna Town Center No. 7/LNRD,
LLC.
Notary Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 1 10
Owner:
40 PGE, Ltd.,
a Texas Limited Partnership
By: 40 PGE GP Corporation,
a Texas Corporation, its General Partner
0
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of 40 PGE GP Corporation, in its capacity as general partner for 40 PGE, Ltd.
Notary Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 1 11
Owner:
O.P. Leonard, Jr. Investment Company, Ltd.,
a Texas Limited Partnership
By: Pecan TEX, LLC,
a Texas Limited Liability Company, its General Partner
By:
O.P. "Paul" Leonard, Jr., its President
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF
Before me, the undersigned notary public, on the day of , 2014, personally
appeared O.P Leonard, Jr., known to me (or proved to me) to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as
President of Pecan TEX, LLC, in its capacity as general partner for O.P. "Paul" Leonard, Jr. Investment
Company, Ltd.
Notary Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 1 12
Owner:
Nancy Alice Leonard Investment Company, Ltd.
a Texas Limited Partnership
By: Pecan TEX, LLC,
a Texas Limited Liability Company, its General Partner
M
O.P. "Paul" Leonard, Jr., President
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF
Before me, the undersigned notary public, on the day of , 2014, personally
appeared O.P. "Paul" Leonard, Jr., known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as Manager and President of Pecan TEX, LLC, in its capacity as general partner for Nancy Alice
Leonard Investment Company, , Ltd.
Notary Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 1 13
Payee:
ANNA CROSSING AMC, LTD.
By: ANNA CROSSING AMC GP CORPORATION
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Anna Crossing AMC GP Corporation, in its capacity as general partner for Anna
Crossing AMC, Ltd.
Notary Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 1 14
CITY OF ANNA
HE
Philip Sanders, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Philip Sanders, known to me (or proved to me) to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City
Manager of the City of Anna, Texas.
Notary Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 1 15
ATTACHMENTS
Exhibit 1— Subdivision Improvement Agreement (SIA)
Exhibit 2 — Revised SIA Exhibit B
Exhibit 3 — Revised SIA Exhibit D
Exhibit 4 — Revised SIA Exhibit E
Exhibit 5 — Revised SIA Exhibit I
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 1 16
RESIDENTIAL
DISTRICT C PHASE 1
\ PROJECT
FT ULTIMATE FORCE MAI
STATION ,.i—••—•• ULTIMATE
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F CE MAIN/
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p ESIDENTIAL B
CR 42 - •-
�, N—S END
SECTI 4(b)(3)iijri
The Clemons Creek Sanitary Sewer Interceptor shall consist of a
minimum 15 inch sanitary sewer line beginning at the connection
RESIDENTIAL to the existing Clemons Creek sanitary sewer interceptor in Melissa
DISTRICT A w and extending north to CR 422, and shall include a metering
v station and SCADA equipment that meets all City and North Texas
ON—SITE START Municipal Water District requirements.
The Project Lift Station and Project Force Main shall be designed
OFF— ITE END to serve residential District A and District 8 as shown on this
(SO ERN
80UN ARY DISTRICT Exhibit B.
A) S ON 4(b)(3)(1)
The final location and alignment of the Clemons Creek Sanitary
Sewer Interceptor, the Project Force Main, and the Project Lift
Station shall be subject to approval by the City. The design and
_ construction of the Sanitary Sewer Facilities sholl conform to the
CR 421 Zmost current City Regulations
Q CR 421
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