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Home My WebLink AboutRes 2022-07-1210 DA Bloomfield Homes Crystal Park Develpoment AgreeRESOLUTION NO.doc) a V "7 " 1 �g-j D 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 AN AMENDED CRYSTAL PARK DEVELOPMENT AGREEMENT WITH BLOOMFIELD HOMES, LP WHEREAS, the City of Anna, Texas (the "City") has previously approved WHEREAS, it is in the best interest of the city to adopt and approve the First Amended Crystal Park Development Agreement (the "First 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 First 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 First Amendment. CONSIDERED, PASSED AND ADOPTED by the City Council of the City of Anna at a regular meeting on the 12th day of July 2022. APPROVED: AIV� nN . d, Mayor ATTEST. Carrie L. Land City Secretary o //,�Irr�111171 t111111\\\\ FIRST AMENDMENT TO CRYSTAL PARK DEVELOPMENT AGREEMENT This FIRST AMENDMENT TO CRYSTAL PARK DEVELOPMENT AGREEMENT (this "First Amendment") is made and entered into to be effective as of July - ..:2022 (the "Effective Date'), by and between the CITY OF ANNA, TEXAS, a Texas home -rule municipality the "C '), Bloomfield Homes, L.P., a Texas limited partnership ("Developer"), and the following individuals: MARQUTN MILLER, F.A. MILLER and VIRGIL WREN MILLER (collectively, the "Commercial Tract Owner") (each individually, a "Pgly," and collectively, the "Parties"). RECITALS WHEREAS, the City, the Developer, and the Commercial Tract Owner previously entered into that certain Crystal Park Development Agreement, effective as of January 11, 2022, recorded under Instrument Number 20220113000072130 in the Official Public Records of Collin County, Texas (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, under Section 9.3 of the Agreement, the Parties agreed that the Agreement would terminate if the Developer did not request that the City issue the initial series of PID Bonds on or before August 1, 2022% and WHEREAS, the Parties desire to amend Section 9.3 of the Agreement to extend said deadline as set forth in this First Amendment; and WHEREAS, the Parties desire to amend Section 12.19 of the Agreement to add a provision allowing for future amendments relating to the PID, the PID Property, the levy of Assessments, the issuance of PID Bonds, the construction of the Public Improvements or the Authorized Improvements, the HOA, the School Site, or any of the Developer's obligations with respect thereto to be made by written agreement solely between the City and the Developer and without the consent of the Commercial Tract Owner; 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 A 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. 1 2. Amendment to Section 9.3 "Performance Window; Election to Terminate The Parties agree to amend Section 9.3 of the Agreement to extend the deadline for the Developer to request that the City issue the initial series of PID Bonds from "on or before August 1, 2022" to "on or before October 31, 2023". 3. Amendment to Section 12.19 "Amendment; Severability". The Parties agree to amend Section 12.19 of the Agreement to add the following sentence: "Notwithstanding anything to the contrary in this Agreement, the Parties agree that this Agreement may be modified or amended by written agreement solely between the City and the Developer, and without the consent of the Commercial Tract Owner, if such modification or amendment relates to the PID, the PID Property, the levy of Assessments, the issuance of PID Bonds, the construction of the Public Improvements or the Authorized Improvements, the HOA, the School Site, or any of the Developer's obligations with respect thereto." 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 mare 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. Each Commercial Tract Owner represents and warrants that the individual executing this First Amendment on behalf of such Commercial Tract Owner has been duly authorized to do so. Signature Pages to Follow) 2 EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE: CITY OF ANNA, TEXAS By:_ Name: Nate Pike Title: M_ ayor Date. STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on this , 2022, by Nate Pike, 61 Mayor of the City of Anna, Texas, on behalf of said City. 00 P�a0 CARRIE L. LANQ j y�: o . ?q My Notary ID # 11419404 ,,TF t * <�*" Expires February 4, 2023 [SEAL] as to form: Clark McCoy, City Attorney Notary Public, State of Texas S-1 DEVELOPED. JBLOOMFIIELD HOME' S, L.P., a'Texas limited partnership By: Bloomfield Properties, Inc., a Texas corporation,' its Gener 1 artner By: Donald J. Dykstra, P siden STATE OF TEXAS § COUNTY OF 1 W ym § This instrument was acknowledged before me, on vA , 2022, by Donald J. Dykstra, -President of Bloomfield Properties, Inc., a Texas co poration,; general partner of Bloomfield Homes, L.P., on behalf of said partnership. 10 IN: it AOI ` VANE5SA VALDES " '�Notary Public, State of Taxes Notary Public, State of Texas �r Ni ,., qw Comm, Expires 01-08-2024 v, +oiit�t'° Notary 1p 132301944 S-2 COMMERCIAL TRACT OWNER: MARQUIN MILLER, an individual STATE OF TEXAS § COUNTY OF t`POS.L & S § This instrument was acknowledged before me, on , 2022, by Marquin Miller. [SEAL] : bs�?sPye��, DONNA ROZENBURG My Notary ID # 132623589 -ar oR ;�+: Expires August 13, 2024 STATE OF TEXAS § COUNTY OF § F.A. MILLE�, an individual woje This instrument was acknowledged before me, on , 2022, by F.A. Miller. [SEAL] .=o.�"`•A°a��;, DONNAROZENBURG *i *: My Notary ID # 132623589 N;'•�... '+r Ex iresmu ust 13,Ac 2024 Notary Public, State of VIRGIL WREN MILLER, an individual STATE OF TEXAS § COUNTY OF , U § This instrument was acknowledged before me, on 15 , LULL, by Virgil Wren Miller. [SEAL] ;2os^"•'•'°°l�; DONNAROZENBURG *a *' My Notary ID # 132623589 y >F of jo+" Expires August 13, 2024 S-4 Notary Public, State of DEVELOPER: BLOOMFIELD HOMES, L.P., a Texas limited partnership By: Bloomfield Properties, Inc., a Texas corporation, its By: STATE OF TE S § COUNTY OF § Donald J. D Partner This instrument was acknowledged before me, on the ` day by Donald J. Dykstra, President of Bloomfield Properties, Inc., a Texas corporation, general partner of Bloomfield Homes, L.P., on behalf of said partnership. [SEAL] �� ADRIAN SULLIVAN _2°;� �: Notary Public, State of Texas Q� Comm. Expires 06-22-2023 OF Notary ID 130244190 32 Notary Public, State of Texas