HomeMy WebLinkAboutRes 2017-01-265 Northpointe Second Amended Agreement CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SECOND AMENDED
AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC. - 184.01 ACRE
TRACT.
WHEREAS; when the Northpointe Crossing subdivision was approved, the City signed a
Facilities Agreement which outlined the obligations of the developer and the City with regard
certain infrastructure and other public improvements; and
WHEREAS, part of the Agreement requires the developer of a future phase of the property,
to construct a walking trail through a greenbelt that bisects the property; and
WHEREAS, upon completion of the trail, the City is required to reimburse the developer for
the construction cost of the trail from Park Fees collected in connection with development of
the subdivision up to $175,000; and
WHEREAS, staff is recommending that the Facilities Agreement be amended to remove the
requirement for the developer to construct the trail in the greenbelt area; and
WHEREAS, the greenbelt is entirely contained within the Northpointe subdivision and the
proposed trail would not connect to the City's master trail system; and
WHEREAS, removal of this requirement would unencumber the Park Fees collected so far
and make them available for other City park projects and capital improvements or park
equipment; and
WHEREAS, the current Northpointe developer supports this proposed amendment.
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 2. Approval of Second Amended and Restated Agreement.
The City Council hereby approves the Second Amended and Restated Facilities Agreement
UDF Northpointe, LLC. - 184.01 Acre Tract, attached hereto as Exhibit 1, and ratifies and
approves the City Manager's execution of the same. The City Manager is hereby
authorized to execute all documents and to take all other actions necessary to finalize and
enforce the Agreement.
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Res,1(11f]. (") Page 1 of 28
Northpointe Facilities Agreement-2nd Amendment
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this loth day
of January, 2017.
ATTEST: APPR VED:
City Secretary-ta,rder"L. Smith Jiayor Mike Grist
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Res Page 2 of 28
(�A �LE)
Northpointe Facilities Agreement-2nd Amendment
EXHIBIT I
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE,
LLC-184.01 ACRE TRACT
This Second Amended and Restated Facilities Agreement UDF Northpointe, LLC-184.01 Acre
Tract (this "Second Amendment") is entered into between and among the City of Anna, Texas
(the "City") and LGI Homes-Texas LLC., ("Owner") as follows:
WHEREAS, Owner and the City are sometimes collectively referenced in this Second
Amendment as the "Parties"; and
WHEREAS, on May 27, 2008, the Owner's predecessor and the City entered into an Amended
and Restated Facilities Agreement UDF Northpointe, LLC-184.01 Acre Tract (the "Facilities
Agreement"), related to the development of the Property; and
WHEREAS, the Owner's predecessor has assigned the Facilities Agreement to the Owner for
the portion of the Property purchased by the Owner; and
WHEREAS, the City and the Owner now desire to amend the Facilities Agreement to address
the construction of a walking trail within the greenbelt; and
WHEREAS, the capitalized terms used in this Second Amendment are as defined in the
Facilities Agreement unless expressly set forth to the contrary herein; and
WHEREAS, it is the Parties' mutual intent that this Second Amendment shall govern only the
subject matter specifically set forth herein and shall supersede any previous agreement
between the Parties only to the extent that any such agreements directly conflict with the terms
of this Second 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 Second Amendment and said recitals constitute representations by
Owner and the City.
SECTION 2 AMENDMENT TO RECITALS
The Recitals on page 1 of the Facilities Agreement are hereby amended by deleting Recital
E as follows:
E. Development of the Property entails the dediGatien and imprevernent af parks a
park faGilities, 'FlGluding but not limited to aR eight (8) feet wide GenGFete walking tFail and
assGGiated amen't*es, within the area shewn on Exhobit 1 as the park and greenbelt area
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE,LLC-184.01 ACRE TRACT
Page 11
Res 1A11-_(A_ Page 3 of 28
Northpointe Facilities Agreement-2nd Amendment
(the " Park Improvements").
SECTION 3 AMENDMENT TO SECTION 5. PARK IMPROVEMENTS
Section 5. of the Facilities Agreement is hereby amended by deleting paragraph (a),
amending paragraph (c), and deleting paragraph (e) as follows:
(a) 1=i ht Font (9') 1/ alk2nq
The Develeper will be respensible fGF GGRStF6IGtiRg an eight feet ,
) walking trail threugh tgreenbelt area in the IGGation shewn en Exhibit 1 Starting at Bowen Drive and Gontinui
threugh te Dumas Drive. The eight feet ,
) walking trail shall be GGnstFuGted within ninety
(90) days after the GGI`npletien ef the next phase adjaGent to the greenbelt area where t
eight feet (9') walking trail is to be IGGated following the GGMpletien ef Phase 1 Nei4h and
Phase 4 South. The PaFk ImprGvement Gests (as defined belew) shall inGlude all GE)StS
GenStFUGt the eight feet (8') walking trawl and all aSSGGiated GGSts SuGh as grade werk7
(c) Greenbelts.
The Developer shall dediGate an aGGess easement te the Gity ever the entire greenbelt area
1. The greenbel�t areas west of Bewen Drove and east of Dumas Drive shown G-R
developc�-rs The greenbelt area will be owned and maintained by the homeowners'
association., but the City will have the right, but net the obligation, tG maiRtain the greenbel
area.
(e) Park improvement Ggsts
UPOR GE)rnpletieR of the eight feet ,
) walking tFail, Developer shall submit d9GUrnentati
ssPark mprevernents »
) to the Gity for reviewappreval, whiGh review shall be performed in a timely mannel, and whiGh apprOval Shall n
be uRreasonably withheld. Gity Will GGI!eGt park *mpaGt fees from HGn;e Builders en t
Property upon approval E)f the Park Improvement Costs, will remit the paFk impaGt fe
f
GG GGI!eGted to the [Deve!Gper on a Galendar quarterly basis unto! the tGtal remitted te
iDeveleper is equal to the lesser of the Park Improvements Costs er $4
75,000,
after whi
time, the Gity shall retain all park impaGt fees GGI!eGted on the Prej
SECTION 4 CONFLICTS AND EFFECTIVE DATE
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT
Page 12
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Res a :'t .��
Page 4 of 28
Northpointe Facilities Agreement-2nd Amendment
To the extent of any conflict between this Second Amendment and the Facilities
Agreement, this Second Amendment shall govern. The Effective Date of this Second
Amendment is the date that the last of the Parties' signatures to this Second Amendment is
fully and properly affixed to this Second 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 Second Amendment and Owner has duly executed same.
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT
BLANK]
it
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.011 ACRE TRACT
Page 13
Res(2A 1�- ��\ - Page 5 of 28
Northpointe Facilities Agreement-2nd Amendment
OWNER
LGI Homes-Texas LLC, a Texas Limited Liability Company
By: LGI HOMES, INC., a Delaware corporation, its owner/manager
By:
Michael Snider, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of 2017,
personally appeared Michael Snider, 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 LGI Homes, Inc. on behalf of LGI Homes-Texas LLC.
Notary Public, State of Texas
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT
Page 4
Page 6 of 28
Res
Northpointe Facilities Agreement-2nd Amendment
CITY OF ANNA
By:
Philip Sanders, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of 2017,
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
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.011 ACRE TRACT
Page 15
Res Page 7 of 28
Northpointe Facilities Agreement-2nd Amendment
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AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NORTHPOINTE,LLC-184.01 ACRE TRACT
TIES..AMENDED AND RES'T'ATED FACILITIES AGREEMENT (this "ASgeement") is
enter =slato as of the Effective Date(hereinafter defined)by and between the CITY OF ANNA,
�_ r
T S municipal corporation,existing under the laws of the State of Texas (the"C "),and
F NOM.
CpOINTE, LLC,a Texas limited liability company, and/or its assigns(collectively,
-==xis` eveloRer'
ria;` RECITALS:
rr
A. ~.........
-r :Dev , per is the sgpcessor to Centurion American Development Group as the owner of
the tract 'land located: ithin the City consisting of approximately 184.01 acres commonly
known a the Northpc #e Crjo ng subdivision (the "Pro er "), which tract is illustrated on
ExhibitlrAiibti B.(legal description).
B. Developer des,r =jCo develop ate Property to include an estimated 780 single-family lots
(the" evelol me _-sr°
C. On September 28 2004, the --annexed the Property and, pursuant to Ordinance No.
r>_
157-2004, zoned it as Planned De lpment to include development rights that are consistent
with the proposed Development,=:'i r'
D. Development of the Propertgquires tkl ", tinstruction of water, sanitary sewer, road, and
L:. �aap..
railroad crossing improvements, imi dirlgr'but �u 3 t ted to, the following off-site
improvements(collectively,the"Off-Site Ps is IvernentsY,
(i}Chase water supply improvements shown as E ;tbit G requiristo serve the Development(the
"Off-Site Water Improvements");
(ii) those sanitary sewer service improvements shown-""on.,>.� fifflt':17;zsfbquired to serve the
Development(the"Off-Site Wastewater vements ,' r T
ff- .; k
�'ai.Tni:n
(iii) those road and railroad-crossing improvements required to see the
ryDevel`j`-, t and
,..:,
described in Exhibit E(the"Off-Site Road Improvements"). _? -
E. Development of the Property entails the dedication and improveme f parks anon t ` .c.
facilities,including but not limited to an eight(8) foot wide concrete walking`"trail and agate = L
amenities, within the area shown on Exhibit I as the park and greenbelt area.`.fiftPark y = -
Improvements"). __- ' _._` _
ta
F. Developer and the City desire to set forth their respective obligations with° spect to
development of the Property and design and construction of all public improvemeritjclated
thereto, including the obligation of Developer to construct the Off Site Public Irnproveents,
and the right of Developer to be reimbursed for certain of its costs of providing the said Off-Site
Public Improvements, and the obligation of Developer to dedicate and construct Park
Page 1 of 20
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. _.._ -Northpointe-'Facilities-'Agreement-2nd-Amendment---_--.--.------_......__.__------....----------.-------------—----___.-------------------_.----.....--------.._.__.—_----------------.
AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NORTIIPOINTE,LLC-1.84.01 ACRE TRACT
Imprgyements and the right of Developer to be reimbursed for certain of its casts to construct
Paiiipxovements.
Deu o acknowledges that the obligations undertaken under this Agreement, including
=:>= but not Wed to the payment of any required fees, the construction of Off-Site Public
Im rovenrtis dmhe dedication of roe are not exactions or concessions demanded b the
' tit+_ba the of Developer's voluntary design to ensure consistency, quality, and adequate
ins uructut, at will benefit its development. Developer also acknowledges that the
obligation pndertaken uqd r this Agreement are primarily for the benefit of the Property.
x.
NOW, W.. i }con-si< ration of the premises and the mutual covenants contained in
this Agreei " .la ity
an e%er agree as follows:
Lf ii.
�i� it
1. ROADWAY°'AICD f ILR CROSSING IMPI`iQVEMENTS.
Developer shall be responsible for the N-. ruction of all on-site roadway improvements required
to serve the Property. ,Offift°s
As part of the Off-Site Road Iiovements, Devr shall be responsible for constructing a
two larie thoroughfare of twenty-,feet width= n back of curb to back of curb along CR 376
from the intersection of North Po cry j-�_-ParkA , ii. vay 5) eastward across the Dallas
State;:--, .
11 , � :Y
Area Rapid Transit (DART) railroad crani to,t# `"most 2wog
erly entry into the Property as
generally shown on Exhibit E (such ` ctionN: Off-Site k_.' padway Improvements being
hereinafter referred to as the`"IboroughfarelRai3 d Crossing I provernents"). Developer shall
also be responsible for constructing a our lane c _ided roadway at the DART railroad crossing,
said four lane roadway being 10 linear feet aorta ,:the;x_ ilroad cro-gin � th each two lane
section of the four lane roadway being twenty-five t 'Wide i? of curb to back of
curb.
Developer shall be responsible for constructing the remaining (A e Road Ift ruvements
along CR 376 as shown on Exhibit E prior to the issuance by City of iilding per%fW" men
within the Development, save and except building permits for ma it homes... f velopWshall
complete the Off-Site Road Improvements along CR 1106, as shown on Exh lirtf E, prior tqv to
issuance by City of building permits for homes within Phase 3 of the v lopment, arc _
phase is shown on the Concept Plan for the Development(Exhibit F).
...
Developer shall construct all on-site road improvements and all Off-Site Road Im ;ovemeniin
conformance with the City's Subdivision Ordinance, Design Standards, and ; relevai
regulations and standards of the City; save and except the railroad crossing whichall be
constructed in conformance with the standards promulgated by DART. y-
Developer engaged Innovative Transportation Solutions, Inc. ("Innovative'), a traffic engineer,
to conduct a Traffic Impact Analysis(TIA)conforming to requirements of the Texas Department
of Transportation (TXDOT)to determine access requirements at the intersection of CR 376 and
Page 2 of 20
Res ( % r ' Page 10 of 28
'NorthPolnte-f adI ties Agreement-,2nd Amendment-- --- - ---.—..-_ ---------- ---- ------- —
AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NORTHPOINTE,LLC-1$4.01 ACRE TRACT
State_. ighway 5 (also known as North Powell Parkway).Innovative prepared a TIA dated July,
200-P.-t "Innovative TIA"). City and Developer have reviewed and approved the Innovative
r .Purpt to the recommendation of the Innovative TIA,aright turn deceleration lane along
{ #orthboundu tate Highway 5 at CR 376 should be constructed after 125 homes are constructed
occupiC in the southern portion of the development.Developer agrees to construct the right
ova=__t�auer� decratia ne along northbound State Highway 5 at CR 376 after 125 homes are
-ccu fed in the southern portion of the development,provided, however, in the
l l ted
an, p'
eveftt"the t youth lanes of CR 376 at Highway 5 (which will ultimately be served by the right
turn lane. e not then cotructed or under construction at the time 125 homes are constructed
and occt fed in the saern :..lartion of the development, Developer will be allowed to tie the
.:.- p..
right turn celeratiON-4 e iqt `'i _two existing north lanes of CR 376 at Highway 5.
City will apply fiarrand, tpt to ot3( n any permits or other approvals as the same relate to the
construction of the C cite` el d Im ,- vements,provided that the City is required to obtain any
such permits or apprvals frau" %?lalloig entities: the City of Van Alstyne, Collin County,
'1XDOT and/or DART. The costs asst toted with obtaining any such permits shall be borne by
Developer. :
2. 'WATER, =
u;;;a;.{
(a) Develgpgr Obligations.
Developer will be responsible for all on-stti owipravemenfs equired to serve the Property.
Developer will be responsible for constructing a '=;Off-Site Water Improvements as set forth on
Exhibit C. City and Developer agree that the acti _=cost of all Off-Site ,BMX-ater Improvements is
$81,324.93 (the"Nater Improvements Costs')as &cd hereto.
The City shall collect from each Home Builder at the time:afhe` uari of a building permit a
meter installation fee of$275.00. The City shall be responsible for rii installati6%. -
(b) Cit�Obligations. -: ; -
The City agrees to provide potable water to serve the Property in an nt, qualit}! a $
quantity to meet Texas Commission on:Environmental Quality("'I"CEO')*&Texas Deperif` >..
of Insurance standards. The City or water supplier to which the City assigns the righl +Ypply
water will be responsible for such water supply to the Development as long as t `roperty
part of the City. The City of Anna holds a Certificate of Convenience and Nccat' to sert?
water to the Property. ` 5 .
City will collect water impact fees from Home Builders on the Property and will remit 10C1 `6 the
water impact fees so collected to Developer on a calendar quarterly basis until the total remitted
to Developer is equal to the Water Improvements Costs, after which time the City shall retain all
water impact fees collected on the Project.
Page 3 of 20
Res ' � �� Page 11 of 28
,X,� .r
- Notthpoin'te Facilities Agreement-2nd Amendment __-_
AMENDED AND RESTATED
FACILFTIES AGREEMENT
UDF NORTBFOINTE,LLC-184.01 ACRE TRACT
3. �.SRY SEWER.
=ra.
(a.y$=` :. veloper Obligations.
5eveloper gill be responsible for all on-site wastewater improvements required to serve the
Property, sject to the obligation of the City to remit to Developer upon completion of the
Y offsite t provements a portion of the costs therefore. On-site improvements include
M.U. associated force mains designed specifically to serve the Property.
Developeavvill be respole for constructing the Off-Site Wastewater Improvements as set
forth on i ibit D. U" "and,Developer agree that the actual cost of all Off-Site Wastewater
Improvezits is $Qd
00.5 'tl _"Wastewater Improvements Costs")as detailed on Exhibit H
attached here� �.. _-
(b) City Obligti
The City agrees to provide wastewateatment facilities required to serve the Property in an
amount, quality, and quantity to mei-'Texas Commission on Environmental Quality ("TCF ")
standards. The City or wastew ...... ii~"treatment provider to which the City assigns the right to
provide wastewater treatment seAZ. ces will be respginlile for such wastewater treatment services
to the Development as long astheperty is p .iif the City. The City's obligation to provide
wastewater treatment services does:dot ine aatment requirements which may
ah
5-.4�
become required by law or by future oblig its a_Nre ated wiMany existing or future interlocal
agreements entered into by the City for' astez ter treatmerK The City of Anna holds a
Certificate of Convenience and Necessity to pro "fie sani se :n_i•service to the Pro rt .
p Pe y
Notwithstanding the provisions in subparagraph{asrbtzv- City will.xgyto Developer within
ten (10) days from acceptance by City of the as £er IMEO'ernel Costs an amount of
money equal to $286,000.51 (the City Wastewater Con-te b g difference between
$602,000.51,the actual Wastewater Improvements Costs detailed i bit H,A&S316,000.00
(the"Initial Scope Costs').
City will collect sewer impact fees from Home Builders on the'' operty a �'1.l fbinit to
Developer 52.49%, being the percentage computed by dividing the Initld scope Cost y
602,000.51, the actual Wastewater Improvements Costs detailed on Ex it H, of the=•"&9"
impact fees collected from Home Builders on a calendar quarterly basis until the total x 1 ted to h 7 _.
Developer is equal to$316,000.00,the Initial Scope Costs,after which time,the Ci �l al ktain
all sewer impact fees collected on the Project. K y'
4. CQNSTRUCTIQN QF PUBLIC IMPROVEMENTS.
(a) Design and Construction. All Public Improvements-shall be designed and constructed
consistent with the City's subdivision regulations and generally accepted engineering practices.
Page 4 of 24
Res ? " ; Page 12 of 28
- - Northpointe Facilities Agreement-2nd Amendment
AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NORTIIPUINTE,LLC-184.01 ACRE TRACT
(b) T:.-Condemnation. Developer agrees to use reasonable efforts to obtain all third-party
rigbtiway (west of the DART rail line), if any, required for the Public Improvements, If,
h€ ver; veloper is unable to obtain such third-party right-of-way, the City agrees to secure
_=r ch right-' way through the use of the City's power of condemnation. Developer shall be
_-: `responsible, r all reasonable and direct costs and expenses paid or incurred by the City in the
>`=3j:exercise a ifs car�emnation powers, including attorney's fees, and shall escrow with a third
k!thity�sr
asonable estimated costs and expenses as funds are needed by the City (but in
nWt'Wbt latoi=�1 an the date the City initiates condemnation proceedings). Developer shall have
z
the right,TiE not the ohtion, to manage, on. behalf of the City, the expenditure of such
escrowed: Inds include "'but not limited to, the selection and payment of appraisers. The City
will use i reasonakt ° ef., "' expedite such condemnation procedures so that the Public
Improvemeritif' a = con . ted` jsoon as possible. If the City's costs and expenses exceed
the amount of escrowed;=ids, Deftper shall deposit additional funds within ten (10) days
after written notice f tity. :r_ y unused escrow funds will be refunded to Developer
within ten (10) d any''-tainnaf award becomes final find nonappealable. Nothing
F=
in this Section 4,.(b) is intended to cons( to a delegation of the police powers or governmental
{_v_,f
authority of the City, and theCity, erves the right, at all times, to monitor and control all
condemnation activities in actor. ice with the laws o the State of"Texas.
d -
(c) City held harmless for Pul iu._Im rove s undertaken by Developer and limitation of
remedies
It is expressly understood and agreed that lfe Cit all have nrJght of control, supervision, or
direction over the design or construction of ang. ublic Improvement in the event Developer
undertakes to assume control over that Public Imovement,nor the means,methods, sequences,
procedures, and techniques utilized to complete c Improver 1A There shall be no
joint control over any Public Improvement. Cityifttlh'exetrg ': us, -nary inspection and
permitting functions, as required by City ordinances and rRtis. leloper agrees to fully
,:.
defend, indemnify and hold harmless the City from an `c'laim;' , ding, dse of action,ik
judgment,penalty, or any other cost or expense arising or growing ci -.,0bf or assoct d with all
Public Improvements undertaken to be completed by the Developer, cluding witbi(tti'' itation
attorney fees incurred in defending itself or in enforcing this Agreenw. r
= 0�{:
By entering into this.Agreement, Developer waives all rights and remedt"Of its law or in>; z t
except to seek enforcement of specific performance of the obligations under this Ag
ient or
damages for the amount of impact fees actually collected by City and not remitted tor. velPr.
"
i}CsY_ �Pec.,,n
5. PARK IMPRCIVEMENTS, -
(a) Eight Foot,W)Walking'frail.
The Developer will be responsible for constructing an eight foot (8') walking trail through the
greenbelt area in the location shown on Exhibit I starting at Lowen Drive and continuing through
to Dumas Drive. The eight foot (8') walking trail shall be constructed within ninety (90) days
Page S of 20
Resor ) __ e Page 13 of 28
Northpointe Facilities Agreement-2nd Amendment
AMENDED AND RESTATED
FACILITIES.AGREEMENT
UDF NORTHPUINTE,LLC-184.01 ACRE TRACT
after:tbe completion of the next phase adjacent to the greenbelt area where the eight foot (8')
wai-k.1 1 is to be located following the completion of Phase 1 North and Phase 1 South.The
ZmpMvement Costs(as defined below)shall include all costs to construct the eight foot(8')
r== vAin S it :: and all associated costs such as grade work, irrigation, erosion control, and
===` plantings, r.
t `Footh Walkin Tr ll.
} --
A six'foot-O— walking trail shall be constructed by the single family home builders initially
building eines on the "filong the west side of Grandview Avenue from County Road 376 to
Jenkins S et in thy;;# catiaz a town on Exhibit 1. The six foot (b') walking trail shall be
;t.
c:onstructeds u, q. t of.x c Cxandview Avenue one foot (1') inside the boundary of the
: ..
r:
right of way.`` 't�ir cost.> condi , Lion of the six foot (6') walking trail shall be the sole
n �.::
responsibility of the si `Ie nily but1flers constructing the trail. The completion of the six foot
.:,,. �a.
(6') walking trail a ='each ot;� ,b" r mpleted to coincide with the receipt of final city
acceptance of the home constructed on,=tf lot. The requirement of the builders to construct the
six foot (6`)walking trail will be in, d in the restrictive covenants for the Development that
F
establishes the homeowners'assoutn.
.V
AW AW
(c) Greenbelts. 41`
}_
The Developer shall dedicate an access east to tlafCyx the entire greenbelt area for the
purposes of constructing and maintaining,--jaAwalk? rail and a1 ssociated improvements. The
greenbelt area upon which the easement will be icated is s on Exhibit I. The greenbelt
areas west of Bowen Drive and east of Dumas Ive shown ori''lJxhibit I are to be dedicated by
the Developer for future development tie-ins by ft:_City or other developers. The greenbelt area
will be owned and maintained by the homeowners til+m:U_ aniy.,• 'Sxni
= on, but.4 � will have the right,
but not the obligation,to maintain the greenbelt area.
(d) Amenity Center s). "t -
3�:: _;:yam'yx-:)•..
The Developer will be responsible for constructing a private am".1ty centers Tu eybY the
members of the homeowners' association established for the Devel4ment withiRf"Phase 1`Sglath
that will be open on or before June, 2009.The Developer,upon the complett=of the next'._ .
..
of the Development following the completion of Phase 1 North and Phase S South, shlMtheh=<< N.
(i) construct an additional amenity center within Phase 1 North, or (ii) construct t# dads ;_
necessary for the Phase 1 North homeowners to have driving access within the comliliity310
:ve
amenity center constructed in Phase 1 South.
(e) Park Improvement Costs.
Upon completion of the eight foot (8') walking trail, Developer shall submit documentation of
the costs related thereto (the "Park Improvements Costs") to the City for review and approval,
which review shall be performed in a timely manner and which approval shall not be
i
i
Page 6 of 20
(
Res, �q� .,e,
Page 14 of 28
--- -NortYpointe Facilities Agreement-2nd Amendment
AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NORTHPOINTE,LLC-184.01 ACRE TRACT
unreasonably withheld. City will collect park impact fees from Home Builders on the Property
anci4 .approval of the Park Improvement Costs,will remit the park impact fees so collected
,Level'oar on a calendar quarterly basis until the total remitted to Developer is equal to the
`esscr of tYc ark Improvements Costs or $175,000.00, after which time,the City shall retain all
`=Rpark impaq= ees collected on the Project.
r
GUN- DATE.
DATE.
Notwithst l ing anything. the contrary contained herein, this Agreement shall be effective
only upon- lze approvAk.0' this Agreement by the City Council of the City such that it is the
binding a enforce al `obligft
n of the City. The date an which the Last of the foregoing
conditions``i # is c. tliy'Effective Date". Developer shall advise the City as to the
date of aequistriri"aftheciperty tib eveloper or its assignee.
t:=
A.
7.
Upon the full and final satisfaction �b City mid Developer of all their respective obligations
and covenants under this Agree zPst; the City and Developer shall execute a release of this
Agreement (in recordable fortn)Yrininating this A ± stnent as to the portion of the Property in
question and fully releasing the'. ty and Devl;Cer, their successors and assigns, from any
further obligations or covenants heh-0 er rela fh to thy-p—r._tion of'the Property being released.
The release contemplated by this Section..;;=sshall3e1 §per's request, be effective with
:;;
respect to a specific phase of the Develop ht, a%g,—_ cable, u an final satisfaction by the City
and Developer of their respective obligations with., spect to suc[sphase of the Property.
Hy
8. SUCCESSORS AND ASSIGNS.
w.:..
All obligations and covenants of Developer under 1Tir Agreeta constitute covenants
running with the land,and shall bind Developer and each stl � e ovlttlir of all.or any portion
of the Property;provided, however, the terms of this Agr�ei6ment sl not beOW
ding an the
owner of any residence that is purchased by such owner from ibrnebuilder d (ii) be
subordinate to the lien of(and shall not be binding on)any mortgagey� +ho finance ' y��Y/a�nces
j. M ( )
residences constructed on the Property. Without limiting the geri�.rality of th � fire o , . : a
Developer may assign this Agreement to the party to wham.Developer a ps its rights._:: `ra
purchaser under any contract for the sale of the Property, or any pon thereof;
Developer as well as any successor owner of all or a portion of the Property'who is boo. 0 yyy this'
Agreement (Developer or any such successor owner is referred to herein as the "Ater" Yy
.r _._.
assign this Agreement either in its entirety(if the assignee is to own all of the ProlA )or in p
(if the assignee is to own only a portion of the Property) and in such event (i)`.,Ihe Owncf
zP..,.
conveying such portion of the Property shall be automatically released from the oblig %ons of
"Developer"as to all or a portion of the Property(as applicable), and (ii)the assignee towrhom
this Agreement is so assigned in whole or in part shall be deemed to have assumed the
obligations and rights of"Developer" as to the portion of the Property which is owned by such
assignee. In the event of any partial assignment of this Agreement, then notwithstanding
Page 7 of 20
Res Page 15 of 28
.......... Northpointe Facilities Agreement-2nd Amendment
AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NOR'I'HPOINTE,LLC-184.01 ACRE TRACT
anything to the contrary contained herein, the obligations and rights of Developer under this
Agre�;t ,nt shall be the several (and not the joint and several)obligations and rights of each such
Deu O?�:::The terms and provisions of this Agreement shall otherwise bind and inure to the
kit of i !.City, Developer, and their respective successors and assigns. Each person signing
Agreea t represents and warrants that (i) he/she has the authority to enter into this
Agreement behalf of (and to bind) the party on whose behalf such person is signing this
"! r►o further authorization or consent from anyone else is necess to make
reemenl= ind (. Y '
emertzt6 binding obligation of the party on whose behalf such person is signing this
his
Agreement .§D
9, C PLF,TE E1, ENT.
This Agreemehf--�g t :&i ds, ru es, su; rsedes and wholly takes the place of that certain Facilities
l :
Agreement-Centurion Azrltin Devel=t��ment Group 184.01 Acre Tract by and between the City
tveiY' �'n:
and Centurion Ameri art DeVtmzWGroup pertaining to the Property (the "Prior Facilities
Agreement"}. The Pr sir Facilities � reer l'' is hereby terminated. This Agreement embodies
the entire Agreement between the part%s.f'iereto and cannot be varied or terminated except by the
written agreement of the parties. rIfR1 ny provision of this Agreement is illegal, invalid, or
,T,a-.
unenforceable, then the rcmaindp * this Agreemeil shall not be affected, and there shall be
added as a part of this Agrcemeft;'-:a_ provision as-;,ftilar in terms to such illegal, invalid, or
unenforceable provision as may be licible and.ryklWgal,valid,and enforceable.
10. COUNTEREARTS AND EXHIBIT
This Agreement may be executed in an numbs. 3:of counte a` i, each of which shall be an
g Y Y � �:
original, but all of which together shall constituted ne and the same instrument. Each exhibit
referenced in this Agreement is attached hereto and cited hereip.., - Terence.
ff
F S i t
IN WITNESS WHEREOF,the City and Developer have executed tHS-A" eement-fd—1 be effective
as of the Effective Date. '`Y±` :' ,
{,_ :r:
q-:1
UDF NORTH INT �I.0 a Texas limited liabilitycompany
.N y.
Hollis Greenlaw President
T.-:='?.£. •'`fig".'
CITY OF ANNA,TEXAS ,•.,
Na neth Pelham
Page 8 of 20
''
Res� �w�� Page 16 of 28
��'�, � ,�
Northpointe Facilities Agreement-2nd Amendment - ----- '
AMENDED AND RESTATED
FACILITIES AGREEMENT
UDI~NORTDPOINTE,LLC-184.01 ACRE TRACT
Title:;-,,,Mayor
-rireti>.
A&V hria b
-=-?Exhibit A i#,' Property Illustration
Exhibit B! I p I Description
= � hi_bi - Af�Site Water Improvements Exhibit D—Off-Site Wastewater Improvements
95d"i ifE --VDff--Site Road Improvements
Exhibit F m;>_`» Concept P_i Ia
Exhibit Q u; Water I: 6vements Costs
Exhibit I1 m Wad S utcr:R myements Costs
Exhibit I grk' provements
,iris.=`: i:ia`i_ j:•r:ti�i::.
"C
' tom "'��C .,
__ =N=aef=LLQ
Page 9 of 20
.an
Res C° ...-. �.)� �. � Page 17 of 28
'', - Northpointe Facilities Agreement-2nd Amendment
AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NORTH OINTE,LLC-184,41 ACRE TRACT
' PROPERTY ILLUSTRAInO►N • EKHII1IT A
_err
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_'xY" -•rs.>_'- • ;=;.:151. � _ ..
0i/fW:6 6VLa der-'• ."�;. 4,��p; , _ •�..
M IIIC:�I�III III �R - .:t.`e�•' .•�„'�! _....
i .�,.,,�•-e,'.'..` � �f/.�—/�t-wr`s i`r s "...:,`:�1 ! a�.sw
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Page 10 of 20
Res � J d C1i� 1
Page 18 of 28
Northpointe Facilities Agreement-2nd Amendment --- --........... -• '
AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NORTHPOINTE,LLC-184.01 ACRE TRACT
LEGAL DESCRIPTION EXHIBIT B
NORTHPOINT CROSSING
7i r4, ANNA,TX
= TRACT ONE:
t Al '{fat c�; ti'z tract or parcel of land, being a part of the SAMUEL MOORE SURVEY,
k x
ABSTR NO. 627, _t .;the ROBERT WHITAKER SURVEY, ABSTRACT NO. 1011, and
"s.�„
being paof that caiy >'188.aZI acre tract described in Deed dated May 16, 1973, from 1. L.
Leslie, Ka ,n Taesli #Billie S, n DeArman and husband, Wilson 1. DeArman to Derry E.
,,-
Burleson anti" h 5.. rl�esoni axecorded in Volume 866,Page 810,of the Deed Records of
Collin County, Texas ad, >i ing=4 articularly described by metes and bounds as follows:
BEGINNING at a P2 inch ira'i W-'c-' et lre Northwest corner of said called 188.971 acre tract,
and being in the center of County Road;
AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NQRTHPUINTE,LLC-184.01 ACRE TRACT
THENCE North 87 degrees 15 minutes 40 seconds West, along the center of said
roa, i the South boundary line of said called 188.971 acre tract,a distance of 710.I8 feet to a
rP- 00ft for° ner at the Southwest corner of said called 188.971 acre tract, and in the East right-
;..
_ rf way line'i f the Union Pacific Railroad(100 foot right-of-way);
- -_;THENC Orth_ ,''bdeg-rees 00 minutes 32 seconds West,with said East right-of-way,passing a
.............
-`u r in r. ' d at distance of 30.13 feet, and continuing for a total distance of 2927.06
#eeE'.I1y a 1/2 Iran rod found for corner, said point being the most Westerly corner of this
tract,
r- M
THENCf:;puth 86_ rees:r ; tnutes 07,seconds East, along the south boundary line of said
34.81 acrestans _.1 ' 6404 feet to a 1/2 inch iron rod found for corner, being the
southeast corner of said_scyd 34.81 j >e tract;
THENCE North 021d grees 5 files 4ie
conds East,with the West boundary line
};
of said called 188.971 acre tract,and ihrFast boundary line of said 34.81 acre tract,a distance of
distance of 2063.04 feet to the PQIIISF BEGINNING and containing 8,033,024 square feet or
184.41 acres of computed land.
All that certain tract or parcel of land, being a p `af the Sam t Moore Survey, Abstract No.
627, and the Robert Whitaker Survey,Abstract I? . 1011, and ling that same called 5.010 acre
tract described in Deed dated May 22, 1974, froferry E. Burleson, Incorporated to Kerry F.
Burleson, as recorded in Volume 1896, Page 274, RecoxdsO
_ `Collin County,Texas
and being more particularly described by metes and bout s'as£Q '".�'L .
tS � Li
BEGINNING at a 1/2 inch iron rod set for corner at the Southeas ner of A ailed 5.010
acre tract,and being in the center of County Road No.376, said pointbing in the W) right-af
way of the Union Pacific Railroad,(100 foot right-of-way);
THENCE North 87 degrees 15 minutes 40 seconds West,with the South bau t3 ry line 4;
of said tract, and the center of said County Road No. 376,a distance of 81.9`rfeet to 1/2 {uci :u
rad set for corner, said point being in the East right-of-way of State High
Y ._.._
ri ht-of-way);
uv_ -
g
THENCE North 21 degrees 00 minutes 32 seconds West,with said East ri t-of-wa
a distance of 2928.13 feet to a 1/2 inch iron rod set for corner, said point being the nowest
corner of this tract;
THENCE South 86 degrees 58 minutes 07 seconds East,with the North boundary line
Page 12 of 24
� �. �... �. `� �. Page 20 of 28
Res t
---- - Northpointe Facilities Agreement-2nd Amendment
AMENDED AND RESTATED
FACILYHES AGREEMENT
UDF NORTBPOINTE,LLC-184.01 ACRE TRACT
of saU 5.01 acre tract, a distance of 82.12 feet to a 1/2 inch iron rod set at the northeast comer of
thiVW
and being in said west right-of-way tine of the Union Pacific Railroad(100 foot right-
r="'}= THENCEuth 21 degrees 00 minutes 32 seconds East,with west right-of way line
"` of said 1ad= gixt-of way, a distance of 2927.67 feet to the POINT OF BEC1NNiNC and
219 sq square feet or 5.04 acres of computed land.
_ys _
f
AV
Page 13 of 20
i
Res
j `2L, Page 21 of 28
� r t� ��
Northpointe Facilities Agreement-2nd Amendment
AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NORTHPOINTE,LLC-1$4.01 ACRE TRACT
OFPSVM WA►IM11 INPROVIRMENTS
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Page 14 of'20
Page 22 of 28
Res g
Northpointe Facilities Agreement-2nd Amendment
AMENDED AND RESTATED
FACILITIES AGREEMENT
UDI'+'NORTHPOINTE,LLC-184.01 ACRE TRACT
Off5fM WA8TKWA7"1NPROVMKWM
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Page 15 of 20
I
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Res
Northpointe nt�Facil t) Page 23 of 28
----- p Facilities Agreement-2nd Amendment
AMENDED AND RESTATED
FACWTIES AGREEMENT
UDF NORTHPOINTE,LLC-184.01 ACRE TRACT
OFF*rM ROAD
ROVENgHTS
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Page 16 of 20
Res C Page 24 of 28
Northpointe Facilities Agreement-2nd Amendment ..........
AMENDED AND RESTATED
FACILITIES AGREEMENT
[TAF NORTHPQINTE,LLG184.01 ACRE TRACT
iP -
CONCEPT PLAN - r"IB1T P
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MORT'H:POIN're CROSSIACO
Page 17 of 20
Rest �; .'" Page 25 of 28
—- Northpointe Facilities Agreement-2nd Amendment
AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NORTHPQINI'E,LLC-1.$4.01 ACRE TRACT
'W'A'GER IMPROVEMENTS CONS • EXHIBIT G
tf.N Unit Unit Price Quantity Price-- 5
12"Nta4Y" LF $:29.00 1017 $29,49100
rt 1�,;3
u <:,
-_- 12,. x z' EA $1,350.00 3 $4,050.00
alvei--_- r,-��:;
EA $550.00 1 $550.00
-.
12"End EA $400.00 1 $400.00
jr;�'>
h
12"tonectir�n :r= EA $650.00 0 $0.40
�i". �_< ,
12"to i0i?= ?nnectinr 3 ='v ,fi=r:;:;_;.. E.A $7�00,0ry0 it $ 00.{70
rs`;.p_ .:ity;u"ti'%Y;.''i`?Si2.Sf� .V� i
Testing .._ ~_r ' __- _t>.. l.3 $ ,025.(
Trench Sa=eiy _-"'- _ ::_ t.s $2,250.80 1 $2,250.00
Bora u,._ .,
LF $200.00 205 $41,000.00
Fire Hydrants _ :_..<r =`F Eta>t $2,000.00 0 SQ.Oq
« :_
Concrete E3bCkinO "`` r '. $0.00 0 $0.00
Maintenance Band ;°LS $356.93 1 $356.93
TOTAL OFFSITE WATER PAID TO."01 t'E $131,324.93
'�#lain,...
xxi.3_i i:rAY} r'_7 xa:i:
�''+"�'� •,i;:is- ___
ri%�=v�:'
Page 18 of 20
Res , t�+ Page 26 of 28
Northpointe Facilities Agreement-2nd Amendment
AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NORTHPOINTE,LLC-184.0.1 ACRE TRACT
WASTEWATER IMPROVEREIIU COSTS -EXHIBIT H
item unit Unit Price Quantity Gast
LF $31.00 2648 $78,988.00
rt''i ewes _= LF' $28.50 3045 $11.2.432.50
21"sew0r� LF $49.00 4641 $227,409.00
10"sew i `° LF $26.00 125 $3,250.00
10"irar main 1 ==a` ;._r. LF $23.00 425 9,775.00
8'sftlbdi C] �a erg= :;. GA $2,000.00 5 $10,000.€10
BORES:
PART 10"f=.M. '`J°= r - L $300.54 125 ffi37,567.5C1
TxDQT: 114"casirlI"-f€ir 10 r LF $300.54 90 $27,048,60
Txl]OT: 14"cash for iD"'C ;i $300.54 20 $6,010,80
20"Casing for 15"carrier = F $341.76 84 $28,707,84
20" Casing los 15°carrier d g = LF
= $341.76 19 $Fi,493.�i4
3;{ 3 :
Concrete Eneasernent ::__ :° EA $30,00 20 $600.00
d'13ia. Manhole 1=A rr'==° 1,150,00 23 $33,3513.00
TV$Testing LS s5,='n a$10,W6.00 1 $10,815.00
Trench Safes $420.00
Trench Safef 5 L ,T:.ii:,.. f ;:SOC :. 1 $400.00
Clear and rub $13,000.00 _ 1 $8,00 0100
Lower manholes HWY 5111 -50% EA __ $1.100.00 $4,950.00
Retest lines (12)-50% LF == $0.$5'=='' 1306 $555.05
ReVac test of ma2ho!es 12).50'/'- EA = $100.00 0 $450.00
Maintenance Bond •.8°/4 6) _jZ731 08 $4,777.76
po
TOTAL602,000,51
tM
Amt_to be Reimbursed through impact fees x:,: 1:6,000.Qf3
Amt.to be Reimbursed at acceptance $�:...... h. 0.51
1 From Fropertyline to mtz r"nt where gravity%tads `:.,...
2 Stub outs an Bakers tract for rs,tairrc lie ms
3 See change order#2 on invrmrp linp 13
a. Soo change ardor#2 on Invoice line
5 See change order#2 on invoice line 10
6. .8%of total was faald for the mainionatr:e bond when calcullaed wth the new lotat($597, 7
the total comes out to$4,777.78
:i CF:'nG
The total used to calculate the original arrmouca)l was$925,05125 which .8%of egtaals
$7400.41.
Papa 19 of 20
s
Res ) e ' - Page 27 of 28
Northpointe Facilities Agreement-2nd Amendment -"'-'--'-"---- -'
AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NORTHPOINTE,LLC.'-1$4.01 ACRE TRACT
LOCATION OF!PyA'r,RrTR
K INPROWMEN
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Page 20 of 20
Res �,�' .. � ,b° Page 28 of 28
- - Northpointe Facilities Agreement-2nd Amendment
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT This Second Amended and Restated Facilities Agreement UDF Northpointe, LLC-184.01 Acre Tract (this "Second Amendment") is entered into between and among the City of Anna, Texas (the "City") and LGI Homes-Texas LLC., ("Owner") as follows: WHEREAS, Owner and the City are sometimes collectively referenced in this Second Amendment as the "Parties"; and
WHEREAS, on May 27, 2008, the Owner's predecessor and the City entered into an Amended
and Restated Facilities Agreement UDF Northpointe, LLC-184.01 Acre Tract (the "Facilities
Agreement"), related to the development of the Property; and
WHEREAS, the Owner's predecessor has assigned the Facilities Agreement to the Owner for
the portion of the Property purchased by the Owner; and
WHEREAS, the City and the Owner now desire to amend the Facilities Agreement to address
the construction of a walking trail within the greenbelt; and
WHEREAS, the capitalized terms used in this Second Amendment are as defined in the
Facilities Agreement unless expressly set forth to the contrary herein; and
WHEREAS, it is the Parties' mutual intent that this Second Amendment shall govern only the
subject matter specifically set forth herein and shall supersede any previous agreement
between the Parties only to the extent that any such agreements directly conflict with the terms
of this Second 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 Second Amendment and said recitals constitute representations by
Owner and the City.
SECTION 2 AMENDMENT TO RECITALS
The Recitals on page 1 of the Facilities Agreement are hereby amended by deleting Recital
E as follows:
I E. Development of the Property entails the dedisation and improvemeRt al paFks aRd I
park lasilities, iRsl"diRg b"t Roi limited to an eight (8) loot wide sonsrete walkiRg trail and
associated amenities, within the area sho·Nn on Exhibit I as the park and greenbelt area
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT
Page 11
I (the " Park Improvements").:, SECTION 3 AMENDMENT TO SECTION 5. PARK IMPROVEMENTS Section 5. of the Facilities Agreement is hereby amended by deleting paragraph (a), amending paragraph (c), and deleting paragraph (e) as follows: (a) Eight Foot (8') \'Valking Trail.
The Developer will be responsible for constrncting an eight foot (8') 111alking trail through the
greenbelt area in the location shown on Exhibit I starting at Bowen Drive and continuing
through to Dumas Drive. The eight foot (8') walking trail shall be constructed within ninety
(90) days after the completion of the next phase adjacent to the greenbelt area 111here the
eight foot (8') walking trail is to be located following the completion of Phase 1 North and
Phase 1 South. The Park Improvement Costs (as defined belo1.v) shall include all costs to
construct the eight foot (8') 'Nalking trail and all associated costs such as grade i.vork, . . .
(c) Greenbelts.
The Developer shall dedicate an access easement to the City over the entire greenbelt area
for the purposes of constructing and maintaining a walking trail and all associated
improvements. The greenbelt area upon which the easement will be dedicated is shown on
Exhibit I. The greenbelt areas west of Bowen Drive and east of Dumas Drive shovm on
Exhibit I are to be dedicated by the Developer for development tie ins by the City of other
developers. The greenbelt area will be owned and maintained by the homeowners'
association., but the City will have the right, but not the obligation, to maintain the greenbelt
araa,.
(e) Park Improvement Costs.
Upon completion of the eight foot (8') walking trail, Developer shall submit documentation
of the costs related thereto (the "Park Improvements Costs") to the City for review and
approval, 'Nhich revie•11 shall be performed in a timely manner and which approval shall not
be unreasonably withheld. City will collect park impact fees from Home Builders on the
Property and, upon approval of the Park Improvement Costs, will remit the park impact f:ees
so collected to the Developer on a calendar quarterly basis until the total remitted to
Developer is equal to the lesser of the Park Improvements Costs or $175,000, after which
time, the City shall retain all park impact fees collected on the Project.
SECTION 4 CONFLICTS AND EFFECTIVE DATE
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT
Page 12
To the extent of any conflict between this Second Amendment and the Facilities Agreement, this Second Amendment shall govern. The Effective Date of this Second Amendment is the date that the last of the Parties' signatures to this Second Amendment is fully and properly affixed to this Second 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 Second Amendment and Owner has duly executed same. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT
Page 13
OWNER LGI Homes-Texas LLC, a Texas Limited Liability Company By: By:___;~~--'-'----+------IN WITNESS WHEREOF:
STA TE OF TEXAS §
§
COUNTY OF ~§ .
Before me, the undersigned notary public, on the ~foJi.iday of ,JatieHxrt , 2017,
personally appeared, known to me (or proved to me) to be the person hose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in
his capacity as Authorized Signatory, on beh f of LGI Homes-Texas LLC.
_r~5'' · 2-
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT
Page 14
STA TE OF TEXAS
COUNTY O ~A~ M,y
§
§
§
Before me, the undersigned notary public, on the ~ day of J '1._t , 2017,
personally appeared Philip Sanders, known to me (or proved to me) to be the per n 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, Texa "!J • • /)
(1 11,ui d dl_~
ji.\~lllll1t1, ,,.~,~~~ f."t:'~ CARRIE L SMITH {y' ":~~ Notary Public. State of Texas
~~· ~/f'c My Comm1ss1on Exp11es
«,;:;;~,.;;;~~.. January 27, 2019
Notary Public, State of Texas
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC·184.01 ACRE TRACT
Page I 5