HomeMy WebLinkAboutRes 2020-12-835 Fourth Amended Subdivision Improvement Agreement for Villages of Hurricane CreekRESOLUTION NO. 2o9,6 � / � mf
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS APPROVING AND AUTHORIZING THE
MAYOR TO ACT ON THE CITY'S BEHALF IN EXECUTING A
FOURTH AMENDED VILLAGES OF HURRICANE CREEK
SUBDIVISION IMPROVEMENT AGREEMENT WITH CADG
HURRICANE CREEK, LLC, A TEXAS LIMITED LIABILITY
COMPANY
WHEREAS, the City of Anna, Texas (the "City") has previously approved a First
Amended and Restated, Second Amended, and Third Amended Villages of
Hurricane Creek Subdivision Improvement Agreement regarding the development
of property owned by CADG Hurricane Creek, LLC; and,
WHEREAS, it is in the best interest of the city to adopt and approve the Fourth
Amended Villages of Hurricane Creek Subdivision Improvement Agreement (the "Fourth
Amendment").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
SECTION 1. The recitals are incorporated herein as if set forth in full for all purposes.
SECTION 2. The City Council hereby approves the Fourth Amendment attached
hereto as Exhibit A, and authorizes, ratifies, and approves the Mayor's execution of same.
The Mayor is hereby authorized to execute all documents and to take all other actions
necessary to finalize and implement the Fourth Amendment.
CONSIDERED, PASSED AND ADOPTED by the City Council of the City of Anna at
a regular meeting on the 8th day of December 2020.
APPROVED•
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FOURTH AMENDMENT TO VILLAGES OF HURRICANE CREEK SUBDIVISION
IMPROVEMENT AGREEMENT
This Fourth Amendment to the Villages of Hurricane Creek Subdivision Improvement
Agreement (this "Fourth Amendment") is entered into between the CITY OF ANNA, TEXAS,
the "C "), and CADG Hurricane Creek, LLC, a Texas limited liability company ("Developer"):
RECITALS
WHEREAS, this Fourth Amendment amends that certain First Amended and Restated Villages
of Hurricane Creek Subdivision Improvement Agreement entered into between the City and the
Developer effective as of August 28, 2018 and recorded under Instrument No.
20181002001230020 in the real property records of Collin County, Texas (the "First
Amendment"), as amended by that certain Second Amended Villages of Hurricane Creek
Subdivision Improvement Agreement between the City and the Developer effective as of
November 13, 2018 and recorded under Instrument No. 20181214001522280 in the real property
records of Collin County, Texas (the "Second Amendment"), and as amended by that certain Third
Amended Villages of Hurricane Creek Subdivision Improvement Agreement between the City and
the Developer effective as of (the "Third Amendment"); and
WHEREAS, the First Amendment, Second Amendment, and Third Amendment are only
modified as expressly set forth in this Fourth Amendment and the First Amendment, Second
Amendment, and Third Amendment otherwise remain in full force and effect; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and
the Developer agree as follows:
1. The First Amendment, Second Amendment, and Third Amendment Remain
in Full Force and Effect. The City and Developer acknowledge and agree that, except to the
extent amended herein, all provisions and terns contained in the First Amendment, Second
Amendment, and Third Amendment remain in full force and effect.
2. Specific provisions contained in the First Amendment shall be amended as
follows:
Amendment to Article I "Recitals". The City and the Developer agree that a certain whereas
clause in Article I of the First Amendment shown below is hereby amended:
WHEREAS, Developer owns approximately 368.2 acres of real property located wholly within
the corporate limits of the City, and which property is described by metes and bounds and depicted
on Exhibit A ("Property") upon which the Parties have agreed that Developer shall fully develop
i-54 883 residential lots; and
FOURTH AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
PAGE1
Amendment to Article II "Definitions" The City and the Developer agree that a certain
definition in Article II of the First Amendment shown below is hereby amended:
Amphitheater means the improvements required under this agreement to be constructed by the
Developer and owned and maintained by the City of Anna that shall include amenities consisting
of but not limited to an elevated grass field and a performance stage of a minimum 200 square
foot. An Amphitheatre shall be constructed with the last phase of the development and dedicated
to the city after completion. The site of the Amphitheater shall be in general conformance as set
forth in Exhibit R.
Neighborhood Trails means a system of neighborhood hike and bike trails funded and constructed
by the Developer and maintained by the 140 City. The funding and construction cost borne by
the Developer is subject to reimbursement with funds collected through the Park development fund
fee. sSaid trails are described and depicted in further detail in Exhibit G and in accordance with
design/construction plans to be approved by the City.
Amendment to SectionArticle V "Additional Obligations". The City and
the Developer agree that Section 5.3(a)(2) and (3) of Article V of the First Amendment shown
below is hereby amended as follows:
(2) Prior to recording a final plat in the Land Recordings with the Collin County
Clerk's Office for the second (2"d) phase of the Development, but not later than March 31, 20239
Developer shall complete in a good and workmanlike manner construction of Phase 2 of the
Collector"B" Roadway Improvements " Readway
as shown in Exhibit D-2 and Exhibit 44; and
(3) Prior to recording a final plat in the Land Recordings with the Collin County
Clerk's Office for the fourth (4th) phase of the Development, but not later than March 31, 2027,
Developer shall complete in a good and workmanlike manner construction of Phase 2 of
Eelleetef"r"' Roadway improvements,and the Collector "D" Roadway Improvements as shown
in Exhibit D 3 Exhibit D-4; and
Amendment to Section 5.4 of Article V "Additional Obligations". The City and the Developer
agree that Section 5.4 of Article V of the First Amendment shown below is hereby amended as
follows:
FOURTH AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
PAGE2
5.4 AmenitV Center. Within one year ekhe ea faro, 4a N*a4 ^I^+;,, the Tan Reearamg,
,-r. the Colli. County Gle fk's O ffiee f f the first (, st) phase e fthe Develnr,.,.,or, of the acceptance
by the City of all of the Public Improvements for Phase 1B of the Development, as shown on
Exhibit I, Developer shall complete construction on the Amenity Center. At a minimum, the
primary building of the Amenity Center shall be required to be at least four thousand square feet.
Amenities shall consist of at least (i) a swimming pool, (ii) a sports court, (iii) a tennis court, (iv)
a fitness room consisting of weight training equipment and cardiovascular exercise equipment, (v)
a kitchen, (vi) a meeting area, and (vii) restrooms as set forth in Exhibit C.
Amendment to Section 5.5 of Article V "Additional Obligations". The City and the Developer
agree that Section 5.5 of Article V of the First Amendment shown below is hereby amended as
follows:
5.5 Neighborhood Trails. Developer is responsible for funding and construction of the
Neighborhood Trails, Neighborhood Trails shall be constructed as required or necessary for each
phase of the Development in accordance with the trail constructed as required or necessary for
each phase of the Development in accordance with the trail construction and development plan
depicted in Exhibit G. The City Manager may, at his sole discretion, approve alterations to the
construction phasing schedule of Neighborhood Trails if requested by the Developer. Developer
shall execute and deliver to the City a permanent easement or permanent easements in a form
acceptable to the City granting public access to the trails depicted in Exhibit G-1 that are not
located on land identified in Exhibit O (Parkland Sites); provided, however that Developer must
execute a permanent easement or permanent easements in a form acceptable to the City granting
public access to the trails depicted in Exhibit G-1 that are located on land identified in Exhibit O
(Parkland Sites) to the extent that the Parkland Sites are not dedicated to and accepted by the City.
Amendment to Section 5.8 of Article V "Additional Obligations". The City and the Developer
agree that Section 5.8 of Article V of the First Amendment shown below is hereby amended as
follows:
5.8 Parkland Dedication. Within thirty (30) days of the City providing the Developer with
written notice requesting dedication, Developer shall donate by irrevocable deed of dedication in
fee simple for public use, the form and content of which shall be approved by the City, certain
tracts of land identified in Exhibit O to the City of Anna, which dedication may be conveyed in
separate parts upon different requests from the City. Prior to dedication to the City, developer
shall not encumber said tracts or any portions thereof and shall furnish documentation acceptable
to the City verifying that said tracts are free of all liens and other encumbrances that could cloud
the fee simple title being granted to the City. The City agrees that such dedication shall satisfy the
park land dedication requirement outline in the City of Anna Code of Ordinances, Article 9.02
(Subdivision Regulations), Section 9.02.135 (Park land and public facility dedication).AatmaCity
ode-, PaA H! A ("Subdivision Regulations"), At4iele 4, Seetion 5.03(a) for- the develOpment of
4eperty.
FOURTH AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
PAGE3
Amendment to Article V "Additional Obligations". add new Section 5.11, The City and the
Developer agree to add Section 5.11 to Article V of the First Amendment as shown below:
5.11 Anna ISD Land Dedication. Within 30 days of recording the fmal plat of the last
phase of development in the Land Recordings with the Collin County Clerk's Office, Developer
shall, at no cost to the City and/or Anna Independent School District (ISD), donate to the Anna
ISD by irrevocable deed of dedication in fee simple title for public use, the form and content of
which shall be approved by the City, a certain tract of land identified in Exhibit Q . Prior to this
dedication to the ISD, Developer shall not encumber said tract or any portion thereof and shall
furnish documentation acceptable to the City verifying that said tract is fiee of all liens and other
encumbrances that could cloud the fee simple title to the property upon said dedication.
Amendment to Article V "Additional Obligations": add new Section 5.12. The City and the
Developer agree to add Section 5.12 to Article V of the First Amendment as shown below:
5.12 Residential Building Material Standards.
(a) Masonry content.
(1) Except as noted below, the exterior walls (excluding windows and doors) on the
first -floor front elevation of any structure shall be 90 percent masonry and 80 percent on the
second -floor front elevation. The total cumulative surface area of the remaining exterior walls
(excluding windows and doors) shall be 80% masonry for S1744 lots and 60% for SF -72, SF -60,
and SF -Z lots.
(2) Second floor Dutch gable roof elements are not required to be masonry if set back
at least 3 feet fiom the first -floor front elevation vertical plane.
(3) The masonry standards that apply to the front elevation of a structure as described
in subsection (A) above shall also apply to any exterior walls on a structure that are: (i) adjacent
to and face a public street or right-of-way; or (ii) visible from and located immediately adjacent to
a public park, reserved open space or neighborhood common area, or an undeveloped flood hazard
or drainage area that is also adjacent to a public street.
(b) Front Doors. All doors on the font facade of a residence shall be constructed of
wood, iron, glass, and/or architectural fiberglass.
(c) Driveways. Front entry driveways on SF -72 & SF -84 lots
must incorporate at least
one of the following enhanced decorative paving techniques:
(1) Earth tone colored stained concrete;
FOURTH AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
PAGE4
(L) Stamped/patterned concrete;
(3) Brick, stone, or concrete pavers;
(4) Salt -finished concrete;
(5) Washed aggregate.
(d) Roofing. Roofing materials for buildings and structures must be architectural roof
shingles, said shingles shall be accompanied with a minimum 25 -year warranty. Under no
circumstance shall three -tab shingles be used as roofing material.
(e) Accessory Buildings. Accessory buildings shall use similar building and roofing
materials as those used on the primary buildings.
Amendment to Section 14.10 of Article XIV "Additional Provisions". The City and the
Developer agree that Section 14.10 of Article XIV of the First Amendment is hereby amended to
include two additional Exhibits as follows, which are attached hereto:
Exhibit Q Anna ISD Site
Exhibit R Amphitheater Site
Amendments to Exhibit B, C, D-2, D-3, D-4, G, G-1, H-1, I, N, and O.
The Exhibits B, C, D-2, D-3, D-4, G, G-1, H-1, I, N, and O are hereby replaced with the
corresponding attached revised exhibits.
3. The City represents and warrants that this Fourth Amendment has been duly
adopted by official action of the City Council in accordance with all applicable public notice
requirements (including, but not limited to, notices required by the Texas Open Meetings Act),
and that the individual executing this Fourth Amendment on behalf of the City has been duly
authorized to do so. The Developer represents and warrants that this Fourth Amendment has been
approved by the appropriate action of the Developer, and that the individuals executing this Fourth
Amendment on behalf of the Developer have been duly authorized to do so.
4. This Fourth Amendment may be executed in any number of counterpart
s, each of
which shall be deemed an original and constitute one and the same instrument.
EXECUTED BY THE PARTIES TO BE EFFECTIVE ON December 8, 2020:
FOURTH AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
PAGES
CITY OF ANNA
Nate Pike
Title: Mayor f
Date:
VED AS TO FORM
I / /I L
ame: Clark McCoy
Title: City Attorney
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the
Pike, Mayor of the City of Anna, Texas on behalf of said City.
� : �•.• "� CABBIE L. SMITH
My NotaryID # 11419404
Expires February 4, 2023
, 2020 by Nate
Notaly Public, State of Texas
Name printed or typed
Commission Expires: a I q lao�2)
FOURTH AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
PAGE6
DEVELOPER:
CADG Hurricane Creek, LLC,
a Texas limited liability company
By:
STATE OF TEXAS
COUNTY OF DALLAS
CADG Holdings, LLC,
a Texas limited liability company
Its: Member
By: MMM Ventures, LLC,
a Texas limited liability company
Its: Manager
By: 2M Ventures, LLC,
a Delaware limited liability company
Its: Manager
Name: Mehrdad Moayedi
Its: Manager
This instrument was acknowledged before me on the � day of ����rw�Qf ,
2020 by Mehrdad Moayedi, Manager of 2M Ventures, LLC, a Delaware limited liability company,
as Manager of MMM Ventures, LLC, a Texas limited liability company, as Manager of CADG
Holdings, LLC, a Texas limited liability company, as Member of CADG Hurricane Creek, LLC,
a Texas limited liability company, on behalf of said company.
TREVOR KOLLINGER
Notary Public, State of Texas
Comm. Expires 01-05-2021
Notary ID 130950327
Notary Public, State of Texas
FOURTH AMENDED VILLAGES OF HURRICANE CREEK SUBDNISION IMPROVEMENT AGREEMENT
PAGE?
PROPOSED
SCHOOL
SffE
THE COLLECTOR "B" ROADWAY IMPROVEMENTS SHALL INCLUDE THE FOLLOWING:
1) CONSTRUCTION OF THE COLLECTOR "B"ROADWAY AS DEPICTED SHALL BE:
A. PHASE 1 WILL CONSIST OF AN 80 FOOT WIDE RIGHT OF WAY DEDICATED TO
THE CITY AND INCLUDE THE CONSTRUCTION OF 4 CONCRETE LANES 2 25 FOOT
BACK-TO-BACK SECTION) WITH A DIVIDED RAISED MEDIAN; (@
B. PHASE 2 WILL CONSIST OF A 60 FOOT WIDE RIGHT OF WAY DEDICATED TO
THE CITY AND INCLUDE THE CONSTRUCTION OF 3 CONCRETE LANES IN A 37 FOOT
BACK-TO-BACK SECTION
2) PERIMETER SIDEWALKS SHALL BE CONSTRUCTED ADJACENT TO COLLECTOR "B".
3) STREET LIGHTING WITHIN ALL RAISED MEDIANS SHALL BE PROVIDED AS PART OF
THE REQUIRED ROADWAY IMPROVEMENTS,
ELECTRIC SERVICE LINES FOR
STREET LIGHTS SHALL BE LOCATED UNDERGROUND.
STREET
PAVEMENT
ROW LENGTH PHASE
COLLECTOR B 2 @ 25' B -B 80' 1780 LF 1
COLLECTOR B 37' B -B 60' 2187 LF 2
TOTAL 4967 LF
EXHIBIT D2 -COLLECTOR "B" ROADWAY IMPROVEMENTS
N
i= PELOTON VILLAGES OF
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LAND SOLUTIONS HURRICANE CREEK
GRAPHIC SCALE IN FEET
108)5 JOHN W. EW OTT DR. STE 4001 PRISCO, T%>E03314632111800
PROPOSED
Im
SCHOOL
SITE
1,
1 1_L k I.i
COLLECTOR C (OFFSITE ONLY)
1 SUZIE LANE
M
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55
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THE COLLECTOR "C" ROADWAY IMPROVEMENTS SHALL INCLUDE THE FOLLOWING:
1) CONSTRUCTION OF THE COLLECTOR "C" ROADWAY AS DEPICTED WHICH SHALL
BE LOCATED IN AN 60 FOOT WIDE RIGHT-OF-WAY DEDICATED TO THE CITY, AND
WHICH SHALL INCLUDE THE CONSTRUCTION OFA 37 FOOT WIDE (B -B) CONCRETE
STREET,
EXHIBIT D3 -COLLECTOR "C" ROADWAY IMPROVEMENTS
l ! I PELOTON VILLAGES OF 0 800 1800
I ' LAND SOLUTIONS HURRICANE CREEK GRAPHIC SCALE IN FEET
10876 JOHN W. ELLIOTT DR. STE 401 FRISCO, TX 75033146321YI800
PROPOSED
SCHOOL
SITE
Ilt�! 75
T7=
THE COLLECTOR "D" ROADWAY IMPROVEMENTS SHALL INCLUDE THE FOLLOWING:
1) CONSTRUCTION OF THE COLLECTOR "D" ROADWAY AS DEPICTED WHICH SHALL
BE LOCATED IN AN 60 FOOT WIDE RIGHT-OF-WAY DEDICATED TO THE CITY, AND
WHICH SHALL INCLUDE THE CONSTRUCTION OF A 37 FOOT WIDE (B -B) CONCRETE
STREET.
STREET
PAVEMENT ROW LENGTH
COLLECTOR D 1 @ 37' B -B 60' 1175 LF
EXHIBIT D4 -COLLECTOR "D" ROADWAY IMPROVEMENTS
Ii PELOTON VILLAGES OF 0 800
O
Jill LAND SOLUTIONS HURRICANE CREEK GRAPHIC SCALE IN FEET
109]5 JOHN W. EW OTT OR $TE, 400 t PRISCO, T%190331 4
6321}1800
PROPOSED
SCHOOL
SITE
THE NEIGHBORHOOD TRAILS SHALL INCLUDE AN
8 FOOT WIDE CONCRETE HIKE AND BIKE TRAIL
ALONG THE APPROXIMATE ROUTE DEPICTED,
THE FINAL LOCATION AND ALIGNMENT OF THE
NEIGHBORHOOD TRAILS SHALL BE SUBJECT TO
APPROVAL BY THE CITY, THE DESIGN AND
CONSTRUCTION OF THE NEIGHBORHOOD TRAILS
SHALL CONFORM TO THE MOST CURRENT CITY
REGULATIONS.
PHASE 1
PHASE
PHASE
TRAI L
TRAIL
TRAIL
TRAIL
' I LAND SOLUTIONS
108)5 JOHN W. ELLIOTT DR STE 401
PRISCO. tX )50331164213-1800
Y.'
aeRk J � � • • ..
EXHIBIT G -NEIGHBORHOOD TRAILS PLAN
VILLAGES OF
HURRICANE CREEK
�� P E LOTO N
I ' LAND SOLUTIONS
EXHIBIT I -PHASE 1
DEVELOPMENT PLAN
VILLAGES OF
108)5 JOHN W. ELLIOTT DR STE. 6001 FftI5CO3 TX 75033 1464213-1800
HURRICANE CREEK
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GRAPHIC SCALE IN FEET