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Home My WebLink AboutRes 2016-03-154 SIA Anna Crossing Ph. 1A 1st AmendmentCITY OF ANNA, TEXAS RESOLUTION NO. 2016-03-154 (Anna Crossing Ph. 1 A -SIA) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE FIRST AGREEMENT AMENDING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA CROSSING PHASE 1A. WHEREAS, on March 24, 2015 the City of Anna Texas ("City") entered into a Subdivision Improvement Agreement for Anna Crossing, Phase 1A ("SIA"); and WHEREAS, the City now desires to amend the original SIA to address the dedication of park land; and WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that approval of this Agreement 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 2. Approval Agreements. The City Council hereby approves the First Agreement Amending Subdivision Improvement Agreement for Anna Crossing Phase 1A, 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 this Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 22nd day of March, 2016. ATTEST: FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT ANNA CROSSING, PHASE 1A Page | 1 FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT ANNA CROSSING, PHASE 1A This First Agreement Amending Subdivision Improvement Agreement for Anna Crossing, Phase 1A (this “First Amendment”) is entered into between and among the City of Anna, Texas (the "City") and City of Anna, Texas, a home-rule municipality (the "City") and Anna Crossing AMC, Ltd., Anna Crossing Phase 1A, Ltd., Anna Town Center No.1/BGRT, Ltd., and Anna Town Center No. 4/SHRP, Ltd., (collectively, "Owner"). The term "Owner" includes all owners of the Property, and each of the owners of the Property are jointly and severally bound to the obligations of the "Owner" under this Agreement. WHEREAS, Owner and the City are sometimes collectively referenced in this First Amendment as the "Parties”; and WHEREAS, on March 24, 2015 the Parties previously entered into a Subdivision Improvement Agreement for Anna Crossing, Phase 1A (“SIA”); and WHEREAS, the City and Owner now desire to amend the SIA to address the dedication of park land; 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 and the City. SECTION 2 AMENDMENT TO SECTION 5 Section 5 of the SIA is hereby amended to wholly delete its current content. SECTION 3 (a) Within six (6) months of the Effective Date, Owner shall either: FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT ANNA CROSSING, PHASE 1A Page | 2 1) provide a payment to the City equal to $250 for each dwelling unit located within the Anna Town Square development (more particularly described in Exhibit “C” of the SIA) for which a building permit was issued prior to the Effective Date of this First Amendment; or 2) solely at the option of the City and only upon written approval by the City Council of the City of Anna, Texas (the “City Council”), donate to the City by irrevocable deed of dedication for public use, the form and content of which shall be approved by the City, a tract of land 3.5 acres or larger. (b) The City is not obligated to accept any tract of land offered by the Owner under this First Amendment. If, within six (6) months of the Effective Date, the City Council does not approve a resolution accepting a land donation offered by Owner, then Owner shall make the payment required under Section 3(a)(1) of this First Amendment. SECTION 3 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 has duly executed same. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT ANNA CROSSING, PHASE 1A Page | 3 Anna Crossing AMC, Ltd. a Texas Limited Partnership By: Anna Crossing AMC GP Corporation a Texas Corporation, its General Partner By: Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § § COUNTY OF __________ § Before me, the undersigned notary public, on the _____ day of _______________, 2016, 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 ANNA CROSSING, PHASE 1A Page | 4 Anna Crossing Phase 1A, Ltd. a Texas Limited Partnership By: Anna Crossing Phase 1A GP Corporation, a Texas Corporation, its General Partner By: Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § § COUNTY OF __________ § Before me, the undersigned notary public, on the _____ day of _______________, 2016, 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 Phase 1A GP Corporation, in its capacity as general partner for Anna Crossing Phase 1A, Ltd. Notary Public, State of Texas FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT ANNA CROSSING, PHASE 1A Page | 5 Anna Town Center No.1/BGRT, Ltd. A Texas Limited Partnership By: Anna Town Center No.1/BGRT GP Corporation, a Texas Corporation, its General Partner By: Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § § COUNTY OF __________ § Before me, the undersigned notary public, on the _____ day of _______________, 2016, 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/BGRT GP Corporation, in its capacity as general partner for Anna Town Center No.1/BGRT, Ltd. Notary Public, State of Texas FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT ANNA CROSSING, PHASE 1A Page | 6 Anna Town Center No. 4/SHRP, Ltd. A Texas Limited Partnership By: Anna Town Center No. 4/SHRP GP Corporation, a Texas Corporation, its General Partner By: Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § § COUNTY OF __________ § Before me, the undersigned notary public, on the _____ day of _______________, 2016, 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. 4/SHRP GP Corporation, in its capacity as general partner for Anna Town Center No. 4/SHRP, Ltd. Notary Public, State of Texas FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT ANNA CROSSING, PHASE 1A Page | 7 CITY OF ANNA By: Philip Sanders, City Manager STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned notary public, on the ______day of ______________,2016, 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 and on behalf of the City of Anna. _____________________________________ Notary Public, State of Texas