First Amendment to Development Agreement Recitals: Agreement ...
DOCM
9606700
First Amendment to Development Agreement This First Amendment to Development Agreement (the "Amendment") is entered into as of the 12th day of December, 1995 by and between Del E. Webb Development Co., L.P., a Delaware limited partnership ("Del Webb") and The City of Georgetown, a Texas Home Rule Municipal Corporation (the "City").
Recitals: A.
Del Webb and the City have entered into that certain Development Agreement Concerning
Proposed Subdivision and Construction of Master Planned Community By Del E. Webb Development Co., L.P ., dated February 14, 1995 (the "Development Agreement").
The concept plan attached to the
Development Agreement (the "Original Concept Plan") reflected, inter alia, the proposed construction of 9,500 residential homes and I 0 acres of commercial development.
B.
On August 7, Del Webb submitted an application to the City to replace the Original
Concept Plan with the amended concept plan (the "Amended Concept Plan") attached hereto as Exhibit A, which reflects, inter alia, the proposed construction of 9,500 homes and approximately 35 acres of commercial development, including an approximately l 0.5 acre parcel intended to be used for medical facilities (the "Medical Facilities Parcel") and two additional 3-acre and 21 acre commercial sites (collectively, the "24 Acres of Additional Commercial Acreage"), all as depicted on Exhibit B attached hereto. C.
The City and Del Webb desire to enter this Amendment to acknowledge that the Medical
Facilities Parcel shall be substituted for the ten acres of commercial development depicted on the Original Concept Plan (the "Original Ten Acres") and to address the commitment of utility capacity and associated fees applicable to the 24 Acres of Additional Commercial Acreage reflected on the Amended Concept Plan.
Agreement: Now therefore, in consideration of the recitals above and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Del Webb and the City agree as follows: I.
Approval ofAmended
ConceptPlan.
Pursuant to Section 9(1) of the Development
Agreement, the City Council has approved the Amended Concept Plan on December 12, 1995. The Original Concept Plan is hereby deleted and the Amended Concept Plan is substituted in lieu thereof. The City and Del Webb agree that the development regulations of the City in effect as of the date Del Webb submitted its application for the Amended Concept Plan were identical to the Development Regulations defined in and attached to the Development Agreement. Accordingly, any development of areas within the Project that were modified by the Amended Concept Plan will be governed by the identical Development Regulations (as modified by the Development Agreement) that are applicable to the remainder of the Project, except as expressly provided otherwise in this Amendment.
alAcreage. Del Webb agrees to pay, with 2. SIP FeesApplicable to Additional Commerci respect to the 24 Acres of Additional Commercial Acreage, the following development fees: First Amendment to Del Webb Development Agreement Page 1 of 4
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Until such time as the City has enacted a city-wide impact fee, Del Webb will pay a. a SIP Fee equal to $2,432 per Service Unit Equivalent as a water and waste-water SIP fee, in lieu of the SIP fee specified in Section 5(f)(ii) of the Development Agreement. A Service Unit Equivalent is defined as the capacity attained through a 3/4" water meter. If a larger water meter is installed , a proportionately higher SIP Fee shall be payable. All other fees with respect to the development of the 24 Acres of Additional Commercial Acreage and associated approvals will be calculated in accordance the Development Agreement during such time. After the City enacts a city-wide impact fee pursuant to the Texas Local b. Government Code, the City and Del Webb agree that the SIP Fee established above or in Section 5(f) of the Development Agreement will not be applicable to units developed within the 24 Acres of Additional Commercial Acreage. Instead, the City will charge, and the owner of the unit will pay, the city-wide impact fee in effect from time to time, in accordance with the procedures established by the City with respect to such impact fees. It is agreed that after the City enacts a city-wide impact fee pursuant to the Texas Local Government Code, fees applicable to the 24 Acres of Additional Commercial Acreage will no longer be calculated pursuant to the Development Agreement, but will be calculated in accordance with the City's standard city-wide fee schedules in effect from time to time. This Paragraph 2 of the Amendment is applicable only to the 24 Acres of Additional Commercial Acreage and shall not be construed to alter any terms of the Development Agreement with respect to the remainder of the Project, including the Medical Facilities Parcel. 3. Commitment ofCapacity. The City agrees to provide domestic water and wastewater service to all development within the 24 Acres of Additional Commercial Acreage that is a permitted use under the Amended Concept Plan and subsequent zoning approvals for the Additional Commercial Acreage. This commitment of capacity to serve the 24 Acres of Additional Commercial Acreage is in addition to the commitment of capacity set forth in Section 3 of the Development Agreement. The City agrees that the utility infrastructure described in the Development Agreement contains sufficient capacity to provide the commitment of service to the 24 Acres of Additional Commercial Acreage as set forth above. The City and Del Webb acknowledge and agree that the total construction on the Medical Facilities Parcel may not exceed 100,000 square feet of floor space. The City and Del Webb agree that the mechanical system within the lift station connecting the sewer line interceptor located within the Project to the 16' wastewater force main has not been built to the ultimate capacity needed to serve the entire Project. In the event additional flows originating from outside the Project accelerate the upgrades to the mechanical system of the lift station, then the City will be responsible for providing the necessary upgrades. 4. Reimbursement. The City agrees to reimburse Del Webb its direct costs incurred in relation to the design, review, construction and installation of the approximately 6,350 foot, 16", on-site wastewater force main connecting the wastewater interceptor to the City's 16" wastewater force main located at the southeast corner of the Project, as more particularly described in the plans prepared by Turner, Collie & Braden and approved by the City on September 5, 1995. The City's reimbursement obligation will be reduced by an amount equal to the extra cost of materials incurred by the City in connection with the City's up-sizing of the City's portion of the non-potable irrigation line from 16" to 18". The City will reimburse Del Webb within ten (I 0) days following the City's receipt of funds for the on-site wastewater force main from the Texas Water Development Board ("TWDB") following inspection First Amendment to Del Webb Development Agreement
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9606700
First Amendment to Development Agreement This First Amendment to Development Agreement (the "Amendment") is entered into as of the 12th day of December, 1995 by and between Del E. Webb Development Co., L.P., a Delaware limited partnership ("Del Webb") and The City of Georgetown, a Texas Home Rule Municipal Corporation (the "City").
Recitals: A.
Del Webb and the City have entered into that certain Development Agreement Concerning
Proposed Subdivision and Construction of Master Planned Community By Del E. Webb Development Co., L.P ., dated February 14, 1995 (the "Development Agreement").
The concept plan attached to the
Development Agreement (the "Original Concept Plan") reflected, inter alia, the proposed construction of 9,500 residential homes and I 0 acres of commercial development.
B.
On August 7, Del Webb submitted an application to the City to replace the Original
Concept Plan with the amended concept plan (the "Amended Concept Plan") attached hereto as Exhibit A, which reflects, inter alia, the proposed construction of 9,500 homes and approximately 35 acres of commercial development, including an approximately l 0.5 acre parcel intended to be used for medical facilities (the "Medical Facilities Parcel") and two additional 3-acre and 21 acre commercial sites (collectively, the "24 Acres of Additional Commercial Acreage"), all as depicted on Exhibit B attached hereto. C.
The City and Del Webb desire to enter this Amendment to acknowledge that the Medical
Facilities Parcel shall be substituted for the ten acres of commercial development depicted on the Original Concept Plan (the "Original Ten Acres") and to address the commitment of utility capacity and associated fees applicable to the 24 Acres of Additional Commercial Acreage reflected on the Amended Concept Plan.
Agreement: Now therefore, in consideration of the recitals above and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Del Webb and the City agree as follows: I.
Approval ofAmended
ConceptPlan.
Pursuant to Section 9(1) of the Development
Agreement, the City Council has approved the Amended Concept Plan on December 12, 1995. The Original Concept Plan is hereby deleted and the Amended Concept Plan is substituted in lieu thereof. The City and Del Webb agree that the development regulations of the City in effect as of the date Del Webb submitted its application for the Amended Concept Plan were identical to the Development Regulations defined in and attached to the Development Agreement. Accordingly, any development of areas within the Project that were modified by the Amended Concept Plan will be governed by the identical Development Regulations (as modified by the Development Agreement) that are applicable to the remainder of the Project, except as expressly provided otherwise in this Amendment.
alAcreage. Del Webb agrees to pay, with 2. SIP FeesApplicable to Additional Commerci respect to the 24 Acres of Additional Commercial Acreage, the following development fees: First Amendment to Del Webb Development Agreement Page 1 of 4
12/12/95
Off\C\AL R ECORDS W\LL\�MSON COUNiY. 'T£XAS
Until such time as the City has enacted a city-wide impact fee, Del Webb will pay a. a SIP Fee equal to $2,432 per Service Unit Equivalent as a water and waste-water SIP fee, in lieu of the SIP fee specified in Section 5(f)(ii) of the Development Agreement. A Service Unit Equivalent is defined as the capacity attained through a 3/4" water meter. If a larger water meter is installed , a proportionately higher SIP Fee shall be payable. All other fees with respect to the development of the 24 Acres of Additional Commercial Acreage and associated approvals will be calculated in accordance the Development Agreement during such time. After the City enacts a city-wide impact fee pursuant to the Texas Local b. Government Code, the City and Del Webb agree that the SIP Fee established above or in Section 5(f) of the Development Agreement will not be applicable to units developed within the 24 Acres of Additional Commercial Acreage. Instead, the City will charge, and the owner of the unit will pay, the city-wide impact fee in effect from time to time, in accordance with the procedures established by the City with respect to such impact fees. It is agreed that after the City enacts a city-wide impact fee pursuant to the Texas Local Government Code, fees applicable to the 24 Acres of Additional Commercial Acreage will no longer be calculated pursuant to the Development Agreement, but will be calculated in accordance with the City's standard city-wide fee schedules in effect from time to time. This Paragraph 2 of the Amendment is applicable only to the 24 Acres of Additional Commercial Acreage and shall not be construed to alter any terms of the Development Agreement with respect to the remainder of the Project, including the Medical Facilities Parcel. 3. Commitment ofCapacity. The City agrees to provide domestic water and wastewater service to all development within the 24 Acres of Additional Commercial Acreage that is a permitted use under the Amended Concept Plan and subsequent zoning approvals for the Additional Commercial Acreage. This commitment of capacity to serve the 24 Acres of Additional Commercial Acreage is in addition to the commitment of capacity set forth in Section 3 of the Development Agreement. The City agrees that the utility infrastructure described in the Development Agreement contains sufficient capacity to provide the commitment of service to the 24 Acres of Additional Commercial Acreage as set forth above. The City and Del Webb acknowledge and agree that the total construction on the Medical Facilities Parcel may not exceed 100,000 square feet of floor space. The City and Del Webb agree that the mechanical system within the lift station connecting the sewer line interceptor located within the Project to the 16' wastewater force main has not been built to the ultimate capacity needed to serve the entire Project. In the event additional flows originating from outside the Project accelerate the upgrades to the mechanical system of the lift station, then the City will be responsible for providing the necessary upgrades. 4. Reimbursement. The City agrees to reimburse Del Webb its direct costs incurred in relation to the design, review, construction and installation of the approximately 6,350 foot, 16", on-site wastewater force main connecting the wastewater interceptor to the City's 16" wastewater force main located at the southeast corner of the Project, as more particularly described in the plans prepared by Turner, Collie & Braden and approved by the City on September 5, 1995. The City's reimbursement obligation will be reduced by an amount equal to the extra cost of materials incurred by the City in connection with the City's up-sizing of the City's portion of the non-potable irrigation line from 16" to 18". The City will reimburse Del Webb within ten (I 0) days following the City's receipt of funds for the on-site wastewater force main from the Texas Water Development Board ("TWDB") following inspection First Amendment to Del Webb Development Agreement
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