Ordinance No. 15,781 ORDINANCE NO. 15,781
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND
THE CITY CLERK TO ATTEST TO THE THIRD AMENDMENT TO THE
DEVELOPMENT AGREEMENT WITH FRIENDSWOOD DEVELOPMENT
COMPANY TO ALLOW THE DEVELOPER TO FILE SECURITY IN THE FORM OF
A ONE-HUNDRED PERCENT (100%) PAVING BOND IN LIEU OF COMPLETING
CONSTRUCTION OF ANY REQUIRED IMPROVEMENTS PRIOR TO FINAL PLAT
FILING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager and City Clerk of the City of Baytown to execute and attest to the Third
Amendment to the Development Agreement with Friendswood Development Company to allow the
Developer to file security in the form of a 1000 o paving bond in lieu of completing construction
of any required improvements prior to final plat filing. A copy of said amendment is attached hereto,
marked Exhibit"A" and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of
Baytown,this the I I"day of April,2024. e> I
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APPROVED A T FORIVI
SCOTT L ND, City Attorney
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EXHIBIT "A"
THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
This THIRD AMENDMENT (the "Third Amendment") to the DEVELOPMENT
AGREEMENT, is made and entered into as of , 20_ (the "Effective Date"),
by and between the CITY OF BAYTOWN, TEXAS, a municipal corporation and home-rule
city of the State of Texas (the "City") and FRIENDSWOOD DEVELOPMENT COMPANY,
an assumed name of Lennar Homes of Texas Land and Construction Ltd., a Texas limited
partnership (the "Developer"). The City and Developer are hereinafter individually referred to as
a"Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS. Garth - Wallisville Ltd., a Texas limited partnership ("Owner"), the
Developer and the City entered into the Agreement on January 30, 2018, concerning the
development of approximately 500.534 acres of land, all of which is located in the
extraterritorial jurisdiction of the City (the "Agreement"); and
WHEREAS, thereafter the Developer purchased the 500.534 acres of land from the
Owner; and
WHEREAS, the City and the Developer entered into that certain First Amendment to the
Development Agreement dated October 26, 2018 (the "First Amendment") to make an additional
13.86 acres of land purchased by the Developer subject to the Agreement, among other things;
and
WHEREAS, the City and the Developer entered into that certain Second Amendment to
the Development Agreement dated January 10, 2023 (the "Second Amendment") to make an
additional 356.99 acres of land purchased by the Developer subject to the Agreement, among
other things; and
WHEREAS, the Developer and City desire to amend the Agreement to allow the
Developer to file security in the form of a 100% paving bond in lieu of completing construction
any required improvements prior to final plat filing as provided herein; and
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the Parties hereto do hereby mutually agree as follows:
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1. Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this Third Amendment shall have the same meanings as in the
Agreement.
2. Amendment.
(a) Exhibit "E", Platting and Subdivision Design Standards shall be amended to include
the following:
Sec. 126-189. Contents of final plat; construction approval.
(c) If the subdivider chooses to file security in lieu of completing construction
prior to final plat filing, he may utilize one of the methods of posting
security detailed herein based upon the type of development.
(1) The subdivider may file security in lieu of completing construction
of any portion of the water lines, sanitary sewer lines, stormwater
systems and required improvements, including streets, sidewalks,
and lift stations, if any, (i.e. 00.o of the improvements are required
to be completed) provided that the plans for all water lines,
sanitary sewer lines, lift stations and stormwater systems are
approved by the City engineer. If these requirements are met, the
subdivider may:
a. File with the department of planning and development
services a bond executed by a surety company licensed to
do business in the state and acceptable to the city, on the
form provided by the city, in an amount equal to 110
percent of the estimated cost of the improvements required
by this chapter and conditioned upon the satisfactory
completion of all required improvements, including streets
and lift stations, if any, in full compliance with the Code
within the time for completion as established by the city
engineer. The estimated cost shall be approved by the city
engineer, and the performance bond shall be approved as to
form and legality by the city attorney;
b. Place on deposit in a bank or trust company in the name of
the city and approved by the city and file a copy of such
with the department of planning and development services
in a trust account a sum of money equal to 110 percent of
the estimated cost of all improvements required by this
chapter, which account shall be conditioned upon the
satisfactory completion of all required improvements,
including streets and lift stations, if any, in full compliance
with the Code within the time for completion as established
015633.000001 4883-6707-4974.v4
by the city engineer. The estimated cost shall be approved
by the city engineer. Selection of the trustee shall be subject
to approval by the city, and the trust agreement shall be
executed on the form provided by the city and approved as
to form and legality by the city attorney;
C. File with the department of planning and development
services a letter, on the form provided by the city, signed by
a principal officer of a bank or federally insured savings
and loan association or other financial institution acceptable
to the city, agreeing to pay to the city, on demand, a
stipulated sum of money equal to 110 percent of the
estimated cost of improvements required by this chapter to
apply to the costs of installation of all improvements for
which the subdivider or developer is responsible under this
chapter. The time for completion shall be established by the
city engineer and the guarantee payment sum shall be the
estimated costs as approved by the city engineer. The letter
shall state the name of the subdivision and shall list the
improvements and amounts which the subdivider or
developer is required to provide; or
d. File with the department of planning and development
services a cashier's or certified check payable to the city in
an amount equal to 110 percent of the estimated cost of the
improvements required by this chapter.
3. Entire Agreement. The provisions of this Third Amendment, the Second Amendment,
the First Amendment and the Agreement and the documents referenced therein should
be read together and construed as one agreement provided that, in the event of any
conflict or inconsistency between the provisions of this Third Amendment and the
provisions of the Second Amendment, First Amendment and the Agreement and the
documents referenced therein, the provisions of this Third Amendment shall control.
4. Interpretation. This Third Amendment has been jointly negotiated by the Parties
hereunder and shall not be construed against a party hereunder because that party may
have assumed primary responsibility for the drafting of this Third Amendment.
5. Captions. Captions contained in this Third Amendment are for reference only and,
therefore, have no effect in construing the documents. The captions are not restrictive of
the subject matter of any section.
6. Further Documents. Each Party shall, upon request of the other party, execute and
deliver such further documents and perform such further acts as may reasonably be
requested to effectuate the terms of this Third Agreement and achieve the intent of the
015 63 3.000001.4883-6707-4974.v4
Parties.
7, Certifications. The Developer certifies:
(b) Pursuant to Texas Government Code Chapter 2271, as amended, Developer verifies
that at the time of execution and delivery of this Third Amendment and for the term
of the Agreement, neither Developer, its parent companies, nor its common-control
affiliates currently boycott or will boycott Israel. The term "boycott Israel" as used in
this paragraph has the meaning assigned to the term "boycott Israel" in Section
808.001 of the Texas Government Code, as amended; and
(c) Pursuant to Texas Government Code, Chapter 2252, as amended, Developer
represents and verifies that at the time of execution and delivery of this Third
Amendment and for the term of the Agreement, neither Developer, its parent
companies, nor its common-control affiliates (i) engage in business with Iran, Sudan,
or any foreign terrorist organization as described in Chapters 806 or 807 of the Texas
Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code,
or (ii) is a company listed by the Texas Comptroller of Public Accounts under
Sections 806.051, 807.051, or 2252.153 of the Texas Government Code.
(d) Pursuant to Chapter 2276 of the Texas Government Code (as added by Senate Bill 13,
871h Texas Legislature, Regular Session, and redesignated by House Bill 4595, 881h
Texas Legislature, Regular Session), Developer certifies that it is not a Company that
boycotts energy companies and agrees it will not boycott energy companies during
the term of the Agreement. The terms "boycotts energy companies" and "boycott
energy companies" have the meaning assigned to the term "boycott energy company"
in Section 809.001, Texas Government Code. For purposes of this paragraph,
"Company" means a for-profit sole proprietorship, organization, association,
corporation, partnership, joint venture, limited partnership, limited liability
partnership, or limited liability company, including a wholly owned subsidiary,
majority-owned subsidiary, parent company, or affiliate of those entities or business
associations, that exists to make a profit, but does not include a sole proprietorship.
(e) Pursuant to Chapter 2274 of the Texas Government Code (as added by Senate Bill 19,
871h Texas Legislature, Regular Session, "SB 19"), Developer certifies that it is not a
Company that has a practice, policy, guidance, or directive that discriminates against
a firearm entity or firearm trade association and agrees it will not discriminate against
a firearm entity or firearm trade association during the term of the Agreement. The
terms "discriminates against a firearm entity or firearm trade association" and
"discriminate against a firearm entity or firearm trade association" have the meaning
assigned to the term "discriminate against a firearm entity or firearm trade
association" in Section 2274.001(3), Texas Government Code (as added by SB 19).
For purposes of this paragraph, "Company" means a for-profit organization,
association, corporation, partnership, joint venture, limited partnership, limited
liability partnership, or limited liability company, including a wholly owned
01 5633.00000 V 4883-6707-4974.v4
subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities
or business associations, that exists to make a profit, but does not mean a sole
proprietorship.
S. Recordation. This Third Amendment shall run with the land and be recorded in the real
property records of Harris County and be binding upon the Property, Parties, and all
successor owners. Notwithstanding the foregoing, however, this Third Amendment shall
not be binding upon, and shall not constitute any encumbrance to title as to, any end-
buyer of a fully developed lot within the Property which has been improved with a
residential dwelling unit except for land use and development regulations, City
Ordinances that apply to specific lots or residents of the City, and annexation of the
property by the City. For purposes of this Third Amendment: (a) the term "end-buyer"
means an owner of any fully developed lot within the Property, but said end-buyer will
not be considered the Owner or Developer, and (b) the term "fully developed lot" means
any lot, regardless of the use, for which a certificate of occupancy has been issued for a
structure thereon.
[signatures on following pages]
015633.000001'•.4883-6707-4974.v4
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment in
multiple copies, each of equal dignity, as of the elate first given above.
"CITY"
CITY OF BAYTOWN, TEXAS
By:
ATTEST:
By:
(SEAL)
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on this the day of
20_, by _ the City Manager of City of Baytown, Texas, on behalf
of said city.
Notary Public, State of
015633.000001'•4883-6707-4974.v4
"DEVELOPER"
LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD.,
a Texas limited partnership
dba Friendswood Development Company
By: U.S. Home LLC,
a Delaware Limited Liability Company, its general partner
By:
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this the day of
. 20 , by I of U.S. Home
LLC, a Delaware Limited Liability Company. acting as general panner of Lennar Homes of
Texas Land and Construction, Ltd.
Notary Public, State of
015633.000001 4883-6707-4974.v4