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Home My WebLink AboutRes 2024-05-1626 First Amendment to Development Agreement with Rockhill Contracts I, LLC (Cox Tract) RECORDED1 FIRST AMENDMENT TO COX TRACT DEVELOPMENT AGREEMENT This First Amendment to Cox Tract Development Agreement (this “First Amendment”) is entered into by and between the CITY OF ANNA, TEXAS, a Texas home-rule municipality (the “City”) and ROCKHILL CONTRACTS I, LLC, a Texas limited liability company (“Developer”) (each individually, a “Party,” and collectively, the “Parties”), to be effective as of May 28, 2024. RECITALS WHEREAS, the City and the Developer previously entered into that certain Cox Tract Development Agreement, effective as of May 14, 2021 (the “Agreement”); and WHEREAS, capitalized terms used in this First Amendment herein but not otherwise defined shall have the meanings assigned to them in the Agreement; and WHEREAS, the Parties desire to amend Section 5.14 of the Agreement to make certain changes to language concerning the minimum building standards for 40’ single-family residential lots and to modify the minimum dwelling square footage for 40’ single-family residential lots on the Property; and WHEREAS, the Parties acknowledge and agree that, except to the extent amended by this First Amendment herein, all provisions and terms contained in the Agreement shall remain in full force and effect; and NOW, THEREFORE, for and in consideration of the mutual covenants of the Parties set forth in this First Amendment, and for good and valuable consideration the receipt and adequacy of which are acknowledged and agreed, the Parties agree as follows: AGREEMENT 1. Defined Terms. All capitalized terms used in this First Amendment, to the extent not otherwise expressly defined herein, shall have the meanings assigned to them in the Agreement. 2. Amendments. 2.1 The first sentence of Section 5.14(a)(1) is amended to read as follows: “For 40’ lots, the minimum masonry requirement is 85% of the exterior façade of the dwelling; for 50’ and 60’ lots, the minimum masonry requirement is 75% of the exterior façade of the dwelling.” 2.2 Section 5.14(a)(5)iii. is amended to read as follows: “iii. 40’ lot – Minimum 1,725 sf provided that up to 25% of dwellings on 40’ lots may have square footages below 1,725 sf, but in no event shall any dwelling on a 40’ lot have a square footage lower than 1,600 sf. 137490650v.3 Exhibit 1 2 4. Miscellaneous. (a)This First Amendment amends the Agreement in no other manner except as expressly set forth herein. Except as amended herein, the terms, provisions, agreements, covenants and conditions of the Agreement shall continue in full force and effect. In the event of a conflict between this First Amendment and the Agreement, the terms of this First Amendment shall control. (b) This First Amendment together with the Agreement shall constitute the entire agreement between the Parties and supersedes all prior agreements and understandings, whether oral or written, concerning the subject matter of this First Amendment and the Agreement. This First Amendment and the Agreement shall not be modified or amended except in writing signed by the Parties. (c) This First Amendment may be executed in one (1) or more counterparts, each of which when taken together shall constitute one and the same instrument. (d) The City represents and warrants that the individual executing this First Amendment on behalf of the City has been duly authorized to do so. The Developer represents and warrants that the individual executing this First Amendment on behalf of the Developer has been duly authorized to do so. [Signature Pages to Follow] 2024 - 2024000074566 06/20/2024 01:14 PM Page 1 of 6 CITY OF ANNA, TEXAS RESOLUTION NO. 20 24 — 0 5 —1 to 2 b A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING FIRST AMENDMENT TO COX TRACT DEVELOPMENT AGREEMENT WITH ROCKHILL CONTRACTS I, LLC, RELATING TO DEVELOPMENT OF PROPERTY FOR A MIXED USE DEVELOPMENT WHEREAS, Rockhill Contracts 1, LLC (the "Developer") owns approximately 82.567 acres of real property located in the municipal boundaries of the City, in Collin County, Texas, (the "Property"); and WHEREAS, the City Council and the Developer intend that the Property be developed in accordance with the Cox Tract Development Agreement (the "Agreement") as amended by the First Amendment to Cox Tract Development Agreement, attached hereto as Exhibit 1. 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 and Authority to Execute The City Council hereby approves the First Amendment to Cox Tract Development Agreement ("First Amendment"), attached hereto as Exhibit 1, and authorizes the Mayor's execution of the same. The Mayor and/or City Manager are hereby authorized to execute all documents and take all other actions necessary to finalize, act under, and enforce the Agreement as amended by the First Amendment. PASSED by the City Council of the City of Anna, Texas, on this 28`h day of May 2024. ATTESTED: Carrie L. Land, City Nlecretary APPROVED: - a I iy= e ain, Mayor 2024 - 2024000074566 06/2012024 01:14 PM Page 2 of 6 Exhibit 1 FIRST AMENDMENT TO COX TRACT DEVELOPMENT AGREEMENT This First Amendment to Cox Tract Development Agreement (this "First Amendment") is entered into by and between the CITY OF ANNA, TEXAS, a Texas home -rule municipality (the "City") and ROCKHILL CONTRACTS I, LLC, a Texas limited liability company ("Developer") (each individually, a "Party," and collectively, the "Parties"), to be effective as of May 28, 2024. RECITALS WHEREAS, the City and the Developer previously entered into that certain Cox Tract Development Agreement, effective as of May 14, 2021 (the "Agreement"); and WHEREAS, capitalized terms used in this First Amendment herein but not otherwise defined shall have the meanings assigned to them in the Agreement; and WHEREAS, the Parties desire to amend Section 5.14 of the Agreement to make certain changes to language concerning the minimum building standards for 40' single-family residential lots and to modify the minimum dwelling square footage for 40' single-family residential lots on the Property; and WHEREAS, the Parties acknowledge and agree that, except to the extent amended by this First Amendment herein, all provisions and terms contained in the Agreement shall remain in full force and effect; and NOW, THEREFORE, for and in consideration of the mutual covenants of the Parties set forth in this First Amendment, and for good and valuable consideration the receipt and adequacy of which are acknowledged and agreed, the Parties agree as follows: AGREEMENT 1. Defined Terms. All capitalized terms used in this First Amendment, to the extent not otherwise expressly defined herein, shall have the meanings assigned to them in the Agreement. 2. Amendments. 2.1 The first sentence of Section 5.14(a)(1) is amended to read as follows: "For 40' lots, the minimum masonry requirement is 85% of the exterior facade of the dwelling; for 50' and 60' lots, the minimum masonry requirement is 75% of the exterior fagade of the dwelling." 2.2 Section 5.14(a)(5)iii. is amended to read as follows: "id. 40' lot — Minimum 1,725 sf provided that up to 25% of dwellings on 40' lots may have square footages below 1,725 sf, but in no event shall any dwelling on a 40' lot have a square footage lower than 1,600 sf. 137490650v.3 2024 - 2024000074566 06/2012024 01:14 PM Page 3 of 6 4. Miscellaneous. (a) This First Amendment amends the Agreement in no other manner except as expressly set forth herein. Except as amended herein, the terms, provisions, agreements, covenants and conditions of the Agreement shall continue in full force and effect. In the event of a conflict between this First Amendment and the Agreement, the terms of this First Amendment shall control. (b) This First Amendment together with the Agreement shall constitute the entire agreement between the Parties and supersedes all prior agreements and understandings, whether oral or written, concerning the subject matter of this First Amendment and the Agreement. This First Amendment and the Agreement shall not be modified or amended except in writing signed by the Parties. (c) This First Amendment may be executed in one (1) or more counterparts, each of which when taken together shall constitute one and the same instrument. (d) The City represents and warrants that the individual executing this First Amendment on behalf of the City has been duly authorized to do so. The Developer represents and warrants that the individual executing this First Amendment on behalf of the Developer has been duly authorized to do so. [Signature Pages to Follow] 2 2024 - 2024000074566 06/2012024 01:14 PM Page 4 of 6 EXECUTED BY THE PARTIES TO BE EFFECTIVE AS OF MAY 28, 2024: CITY OF ANNA, TEXAS By: '-Fete" Pete Cain Title: Mayor Date: 5/2 8 % 20 Z4 STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on ; 2024, by Pete Cain, Mayor of the City of Anna, Texas, on behalf of said City. 61 JEOVANNA RUBIO Notary Public, State of Texas 'e? Comm. Expires 10-03-2026 ,1111W Notary ID 133995676 11 (:�otary Public, State of Texas [SEAL] Approved as to form: C�K-C Clark McCoy, eity Attorney S-1 2024 - 2024000074566 06/2012024 01.14 PM Page 5 of 6 DEVELOPER: ROCKHILL CONTRACTS I, LLC, a Texas limited liability company By: Ryan Griffin i s anager STATE OF TEYtAS § COUNTY OF (_ O L i § This instrument was acknowledged before me, on (V\-A 2024, by Ryan Griffin, Manager of Rockhill Contracts I, LLC, a Texas limited li i ity company, on behalf of Rockhill Contracts I, LLC. i rE DANETfE GORDONNotary ID # 131332119 My Commission Expires October27, 2025 S-2 2024-2024000074566 0612012024 1:17 PM Page 6 of 6 Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2024000074566 eRecording - Real Property RESOLUTION Recorded On: June 20, 2024 01:14 PM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: $41.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2024000074566 CSC Receipt Number: 20240620000345 Recorded Date/Time: June 20, 2024 01:14 PM User: Amanda J Station: Station 6 STATE OF TEXAS COUNTY OF COIN I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Public Records of Collin County, Texas. Honorable Stacey Kemp Collin County Clerk Collin County, TX `"`'�