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PIA 7_13_2021 Steele Creeku® CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main July 13, 2021 6:30 p.m. AGENDA 1. fall to Order 2. Roll Call and Excused Absences 3. Invocation 4. Pledge of Allegiance 5. Citizens to be Heard This is the only time during the Council Meeting that a citizen can address the City Council. It is she opportunity for visitors and guests to address the City Council on any issue to include agenda items. All visitors wishing to speak must fill out the Sign-In Roster prior W the sten of the ensuing. City Council may not debate any non-agenda issue, nor may any action be taken on any non-agmda issue at this time; however, City Council may present any factual response to items brought up by citizens. (Anomey General Opinion—JC-0169) (Limit of three minutes each.) All remarks shall he addressed to the Council as a body, and not to any individual member thereof Public criticism of the City Council or any action, policy program or service provided by the City is not prohibited. However, any permn making personal, impertinent or slanderous remarks to individual members of me Council while addressing me Council may be requened to leave the meeting. DUE TO SOCIAL DISTANCING, W CANNOT HAVE MORE THAN 60 PEOPLE IN THE COUNCIL CHAMBERS DURING THIS MEETING. This meeting Is livestreamed. If anyone would like to make comments on any matter regarding the City of Cibolm or n in agenda item and have this item read at this meeting, please email vehanmatimcibolotx.eov or telephone 210-619-0012 before 5:00 pm the date of the meeting. 6. Public Hearing A. Cileam City Council will hold a public hearing to hem public testimony on changes to me City Charter that have been recommended by the Charter Review Committee. 1. Congsint Aniendis—f se Items OmermI ) All items listed below are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of Nese items unless a Council member so requests, in which case the item will be removed from the consent agenda and will be considered as pan of the order of business.) A. Approval Of the minutes of the Joint Cibolo Valley Local Gov. Meeting held on lune 21, 2021. B. Approval ofthe minutes of the Regular City Council Meeting held on lune 22, 2021 C. Approval of the minutes of Me Special City Council Meeting held on June 29, 2021. D. Approval ofthe May 2021 Revenue and Expenses Report pending final acceptance of the City's Financial audit for Me 20202021 Fiscal Year. E. Approval offl a May 2021 Check Register pending final acceptance of the City's financial audit for the20202021fiscalyear. e. Stan utdam A. Police Department—Monthly Update B. Planning & Engineering Department Monthly Update C. Fire Department—Monthly Update D. IT Department—Monthly Update E. Court Department—Monthly Update F. Administration— Monthly Update 9. Presentation Discuss on A. Presentation from Nick Sherman on Cibolo Creek Municipal Authority. 10. Duscussion/Action A. DismeslonlAction on the approval of a Change Order #1 and 42 for Daily Contracmrs for Me Boiton Road& Sante Clara Street & Drainage Improvemems for AWTX New Plant Project Hvlr. Klein) B. Discussion/Action and approval of a Contract Change Order #1 for CDS Money Engineers for ginmring and survey services related to Me Bohon Road & Santa Clara Road Reconstruction Project. Klein) pp0 IqfC C. tinemal Homeson Me Public Improvementto Agreement (PIA) between the M of Cite and5iYSubdivision.Hames (DR Horton) related m certain public improvements in the Steele CrackSubdivision. (Mr. Klein) D. DiscussioNAcrion on an Interlocal Agreement (ILA) between Me City of Cibolo and Schad Cibolo Universal City ISD related to right of way dedication adjacent in Steele High School for development Of Public improvements. (Mr. Klein) E. Discussion/Action on Me final Acceptance petition by Continental Homes (DR Horton) for acceptance and dedication ofMe public improvement within Red River Ranch Unit 2. (Mr. Klein) F. Discussion from Councilmembas Me have attended seminars, events, or meetings for Me City ofCibolo. (Council) G. Discussion on items Council would like to see on future agendies. (Council) 2 H. DiscussioNAction on the review and wMmtatlon of all upcoming special meetings and workshops and scheduling the time, daze and place of additional special meetings or workshops. (Ms. Cimics) 11. Ordinances A. ApprovaWisapprnval of an ordinance granting a variance to AW Texas, Inc. to She City of Cibolo's adopted National Electric Code, specifically Article 670 Industrial Machinery; to permit AW Texas, tncto use and perform alternative methods of testing and listing of industrial machinery equipment used an manufacture, assemble and test automatic and hybrid transmissions at the AW Texas plant site. Mr. Klein) B. ApprovaVDisappcoval of an ordinance Amending Chapter 74 (Tlafc and Vehicles) Article W (Spent Regulations and School Zones) of the Cade of Ordinances by establishing a 25 mile per hour speed zone forportians of Main Street and Heil Road. (Chief Hugghlns) 12, Resolutiatn A. AppmvaMimppmvalofaresolutionenablishingapublichearing &wtoconsiderthea"mvalof updated Land Use Assumptions, Capital Improvement Plan, and impact Fees for roads, water, wastewater, end draitmge facilities. (Mr. Klein) 13. Rxecui ve Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.071, Consultation with Attorney to discuss the following: A. Consultation with attorney regarding passible violation ofAgeement by a councilmember. 14. Qpen Session Reconvene into Regular Session and madmor give direction or action, if necessary, on items discussed in Executive Session. I5. Adiamsom t This Notice of Meeting is posed puramot to Ne Taxes Government Coca 551,041 - .043 on the own bulletin band of the Cnvlo Municipal Building, 200 Sound Move Stress, CiWb, Team which is a place readily accessible to the public at all (es and now sad wterw waintl pslM om mly g,2021,at 5:00 p.m. Peggy Cimics, TRMC City Secretary, City ofGbolo mmmpo Section 551071, 551.0 ; 551b74 and 551.097 ofthe Texas Goeenmem Cade, she City ofCiWlo renewed the rine toconsultinclosedseasonretardingmyhemlisMonbisstsman most be dry is wheelchvror to the and accessible puking spxe is moilabb. 8210)565-6111.far semm 11 roll pond indeed od a servicemustbemade49hoursCoeprionsbemeetlng. Please round the City Secmvy at(210)56S61I I. All all phones men Ee ptmW offWforemtenngMeCouncilMelling. I (amity tog Me mmhed rine and agenda of items to be Sendai by the Ciry ( urnl was removed by me fiom be Gry HallbulletinboardonthedayOf_2021. 3 PUBLIC TM1IPROVEN ENTS AGREEMENT FOR STEELE CREEK SUBDIVISION This Public Improvements Agreement for Ne Stale Creek Subdivision (the "Agreement) is made and entered into pursuant to Section 212.091 ofthe Tues Lord Government Cade by and batman the City of Chums,, Texas, a Texas municipal corporation (the "City') and Continental Homes of Texas, L.P., a Texas limited partnership, CDwelopel), City and Developer may hereafter he individually fefened to as`Party"or collectively as"Paries." RECITALS WHEREAS, Developer is developing a single-family project ("Subdivision') on approximately 411 acres (the "Property') in the CRY of Cilodo, Texas, lacured generally between PM 78, FM 1103 and Tolle Road, as further awarded! in the attached Exhibit"A"; and WHEREAS, as described herein, development of the Subdivision shall require Developer to make certain Public Improvements to improve the City's public Infrastructure and make certain Impact Fee payments to the City to address the impnet the Subdivision shell impose onthe City's existing public infrastructure;and WBEREAS,fie Parties ague ma Ne reauiagd Public Improvements and Impact Fee assessment hnpmed on the Subdivision comply wide Turas Local Government Code Section 212.904 apportionment roluirementr,and Taxes Local Government Cade Chapter 395; and WBEREAS. the City, as a home rule municipality, is audromN to enter into this Agreement in accordance to its inherent authority az a home rule municipality, Texas Local Government Luck Section 212 071, Texas Local Government Code Chapter 395 and such other state law that may be applicable. WHEREAS, the City and SCHERTZCIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT (hereinafter "District") have entered into an Interlocal Agrtemen4 dated Hexameter"Inmdocal Ageemmt") regarding the District's IoM dedication for the widening of Ne Knights Crossing Road and City's agreement to undertake the access and infi oumimpravemeoUdesnibedln Article Vafthelntermad Ageement. NOW THEREFORE in exchange for the mutual promises and covenantr provided herein, and other gond and valuable consideration, the ressipt and legal sutficienry, hereby acknowledged, the Putties agree as follows: Article Preamble I.01c' awls. The recitals set hortM1 above an declared one and correct by the Pames and an hemby inwryorale! as pan of this Allotment for all purposes. 1.02 The Subdivision. The Property, which shall be improved by Me development of the Subdivision, consists ofupproximetely 411 toren in Ciodo,Guadalupe County, Texas. e„wml„p,o..,,,.,,uy,r.Aw-sa.iecre.kswa.nw a.e=1 e37 leitub'. city— Canvas, 1.02.1 Put Property is described more specifically in Exhibit"A". 1.02.2 The Subdivision is Me development of the Property as a mixture of primarily various stand single-family has with some townhome lob and amenities. The land use plan for Me Subdivision is described more specifically in Exhibit"B". 1.03 Zoning. The Property currently has the appropriate coning designation for Me proposed Subdivision. 1.09 benefit. The Parties acknowledge and agree that pursuant w fedeal and state new, in well as Me Code, Developer is obligated to address Me impact the Subdivision shall have on Me public influential sevica, and res mea through the dedication of real pmpstl , the eomermu n of improvements to be dedicated to Me Wblit, andlor Me payment of money. Moreover, Me Parties ackaowledge a M a e Mat puman[m Texas Local Government Cade Chapter 395, the City has validly adopted WBwr Impact Fees, Sewer Impact Fees, Transportation Impact Fees, and Parks Impact Fees, which apply to this Subdivision. Consequently, the Parties acknowledge and agree that this Agreement is normally benefieml for masons which include, bot are not limited w,Me Bellowing: 1.09.1 Benefit m Cili Benefits to the City include Me asswancc that the hooter of the Subdivision on Me public infiasbucwm and resources shall be substantially neutral as the Developer's dedications, public infrastructure improvements and Impact Fee obligations under Mis Agreement ere roughly proporthral to the anticipated impact on the public Imfn umsepre and memories. 1.0,1.2 Benefit to Develooe. Benefits to Me Developer include Me integration of the Subdivision into Me City's public Infrastrunmm, including Me City's transportation system, water system end seiver system, and future resident's ability to use and enjoy City parks and [railways. Moreover, Developer's obligation to provide Me Public Improvements needed for this Subdivision is memorialized in this Agreement in a fair and equitable manner Met is consistent with stain law and bore res Texas and federal constitatlans. Article D. Definitions In this Agreement Me following terms shall b<deFlned an follows: 2.01 Reserved. 2.02 "Business Dry" shall mean any calendar day except Saturday or Sunday or Mose days City Council tans designated as a City holiday. 2.03 "City' shall mean the Cay ofCMolo, a Texas municipal corporation, Guadalupe County, Texas. 2.09 "Code" shell mean the City of Cibolo Code of Municipal Orch ences, including Me City's Unified Development Code in UDC, u same may be amended, recodified, or raised. 2.05 "Developer" shill mean Continental Hama of Texas, L.P., its Summer, successors and assigns. Vubho(mcm,m ma N ""A-rail Crass 6u divieuv PW 2orl'J 2.06 "Effeave Dore"shall have the owning described in Section 3.01 of this Agreement 2.00 '4mj a t Fee(s)" shall have the same meaning as in Texas I.acal Government Code Chapter 395 and the Cade. 2.07.01 "Sewer Impact F(s)" is an Impact Fee chargd to a developer to provide its project with wastewater service. 2.07.02 "Transtwetar as Impose/Feals)" is an Impact Fee charged to a developer based on a project's impact on the City's 4vnelawation infnstructem. 207.03 "Wares Impou Feep" is an ImpaU Fee clu pal to a developer to provide its pr jest with water service. 2.0.04 "Drummm Impact Facts)" is an Impact Fee charged to a developer W account for a project's impact to des City's drainage system. 2.09 "Lotto)' shall mean a parcel of lend located within the Subdivision, which is legally created in acconlence whh Texas Local Government Cade Chapter 212 aha the Cade. 2.09 "Odhe Poblic Improvementr" shall mean such improvements, including sneers, and housing to be dedicated to City and]or Ne District for maintenance and use, as further described in Exhibit"Go 2.10 "Projec]" shall mean she construction of the Public Improvements by Developer. 2.11 "Property" shall mean the red property described in Exhibit "A", upon which Ne majority of the Project, authorised by this Agtcement shall be constructed. 2.12 "Public fmoments" shall mew such improvements, including infisstmmove Improvements, which arc intended to bedodkourd m the City for maintenance and use, as further described in Exhibit-B-. 2.13 "RegWa]fon" shall mean the Code and such other City ordinances, stare stabaw and federal laws which may have jurisdiction over the referenced subject matter. 2.11 "Subd(Wsfon" shell mean the development of the Property as a housing development, as fuller described herein. The Subdivision is generally described in the attached Exhibit Be 2.15 "Uvis(s)" shall mean the individual or collective, as approprimely used in context of the stmemenp development and construction phases ofthe Project and Subdivision. 2.16 "Vexed Rights" means the right t0 avoid the effect of a provision of the Code Drat becomes effect ve after Ne Effective Daft. Such rights may be derived by statute such w Texas Local Govemment Code Section 42.002, Chapter 245, or common law. Rounding the Subdivision or Pmjwtl unless specifically enumerated herein, this Agsament is not b be commeed as a permit kr the purposes of Teras Use] Government Code Chapter 245. iWlk tupmemf"U A]nemrm-51¢k GSFSUMIVYbn pge]erl] Imid, City_ DaekM _ Article Dl. Effective Date and Term 3.01 Effw6ve D. This Agreement shall be executed by the City Manager after approval by the City Council and execution by Developer's authorizW representative and shall be immediately effective as of the data of the City Manager's execution ("Effective Date '). As of me ElRctive Data, Developer does not have possession and title to the entirety of the Property, and, in the event Developer does not section title and possession to the entirety of the Property within four (4) years, this Agreement shall become void and neither Perry shall have any fiuthcr obligation hereunder. 3.02. Term. The Terra of this Agreement shall be fifteen US) years form me Effective Dare Term'). In the event Developer fails to complete construction and obtain final completion and acceptance of the Project within fifteen (15) years from the Effective Date, Nen in such event this Agreement shall immediately expire without the necessity of father action of either Party, and neither Perry shall have any further obligation under this Agreement. Article IV. Impact Feu and Public Improvements 4.01 Phssine. As more specifically described in Exhibit "C", the Public hnprovements shell be constructed in phases consompoaneously with the development of certain Units in follows: a) Phase 1 of the Public Improvements shall he constructed during the development of Unit 2 of the Subdivision and shall include: 1) an arterial scree!; 2) an FM 1103 right tum here; and 3) a 16"worst main. b) Phase IS of the Public Improvements shall he constructed during me development of Unit 1 of the Subdivision and shall include: 1) an arterial ocean; 2) a collector show; 3) a 16"water main;and 4)a 12"water main. c) Phan III of the Public Improvements shill be constructed during the development of Unit 3A of me Subdivision and shall include: 1) a collector strcet; 2) a 12" water main; and 3) me first phase of a sewer line at PM 78 and the railroad tracks as identified on Exhibit-Co. d) Phew IV of Ne Public Improvement shell h constrawhd during the development of Unit 5 and andl include: 1) a collector stmeq 2) a tmKc signed on PM 1103; and 3) e 12"water main. e) Phan V of the Public Improvements shall he constructed during the development of Unit 6 and shell include: 1)a collector street; and 2)a 12"water main. 4.02 Pnonvmm[ of TarawraFon me[ Fees. On or before Developer's receipt of e building permit forme 200 Lor within me Subdivision, Developer shell have Enid to me City a coal of ONE MILLION DOLLARS ($1,000,000.00) in TrwprMion Impact Fees which shall N dMicand to the construction of improvemena of Tolle Road by the City CTolle Road Contribution"). The Tolle Road Contribution shall include any Tromportatim Impact Fees paid for Loa developed by she Developer up to and including the 200a Lm, as well as an additional Payment to the City in the form of prepayment of PoWk lmynremmbAp®em-Sia Cook 6vWivirbn PW 403] Innk4: Cry— ra""r fumnd Transportation Impact Fees or engineering design fes for Tolle Road. Any prepaid impact Fees shell W Impact Fee Credits that may be used at any time during the development of the Subdivision after such prepayment. 4.03 Tolle Read Imre mems. The City shall initiate construction of impmvement m Tolle Road as descrilsed w the attached Exhibit "D" after receipt of the Tolle Road Contribution from the Developer and shall complete such construction on or before August31,2022. 4.04 Pmnavilent of Drainage Immo Fee¢ On or attend Developer's receipt of a building permit for the 200^' Let within the Subdivision, DWeloper shell Wave paid to the City a WWI of TWO HUNDRED THOUSAND DOLLARS ($200,000.00) in Dnimge Impact Fees eTham ige Contribution"). The Dminage Contribution shall include any Drainage bnpan Fees paid for Lots developed by the Developer up b and including the 200 Lot as well as an additional payment tc fire City in the farm of a pepayment of future Drainage Impact Fees. Any prepaid Impact Fees shall be Impact Fee Credits that may used at any time dining the development ofthe Subdivision sfersuch prepayment. 4.05 Traffic Signal. On or before firel City's prelimirary acceptance of lie Unit 5 infmntuctum Developer shall conduct, or cause to W conduced, a "Me signal warfare study for me intersection of FM 1103 and Knights Crossing C'rmffic Study), provided that me Traffic Study las not greedy bum completed by the City. If the Truffre Study answers the mammalian of a traffic signal at this incantation, and the Traffic Study has ban reviewed and approved by the City and the Texas Department of Transportation, Developer agrees to begin construction of the traffic signal. At the time the traffic signal is lo he marginated, We Developer, the City of Cibolo, and the DismcL along with that developer of the Buffalo Crossing 2 Subdivision (as further described in City Ordinance: Napoli will Water into a separate development and wemvc[ion agreement, which will outline the bums for payment of We traffic signal and the timing for compunction of the c0c signal. Developer'a financial contribution m the traffic signal Ad][ he no mare than one-quarter (114) of the coat of the signa]. The Developer shall receive Transportation Impact Fee credits for the Developer's share of the design and construction cog ofthe traffic signal. 4.06 Reserved. 4.07 FM 78 Saddlery Saver Improvements. The Developer shall contract rhe sudtuy, sewer improvements as described in the attached Exhibit °E". The Developer shall receive Sewer Impact Fee credit for the improvement that are"over and beyond" improvements required for the development. 4.08 Offsite Public bnorovemems. As mom spaifically described in Exhibit "G", and the Interlocal Agreement which in incorporated by reference boom for all purposes, the ONsim Public Improvements shall be cormlu mil contemponmeusiy with the Public Improvement and development of centain Units as follows, and Developer ogees to he bound to the City In the same mercer City is bound to the District te rhe Interlocal Agreement for Ne contraction of improvements as 101ed below: a) In contraction with Its construction of Unit 3B, Developer at it auto expense, shall demolish, or cause to he danolished,rhe portion ofthe torrent mad that contacts FM PUWermpmremenb Apr®mFSraleCmk Si011vuun PyeSa!]7 Inbar CWy_ pretty 1103 m Steele High School Perimeter Road ("Steele Perimeter Road'j and runs parallel w Knights pressing,as marked on Exhibit "G"u(p. IS) Developer shall constmct or cause m be constructed, within eighteen (18) months following the later of 1) the Effective Date; or 2) the District's dedication of the Knights Crossing right-osway, ss further shown on Exhibit"G",the following: 1. A roadway correction betwa t the north and of the Stale Perimeter Road and Knights Crossing, connecting the love roads, that matches the attract condition and pavement section of the existing Steele Perimeter Road marked on Exhibit "G" N (2)). 2. Remove the current fencing along the northwest Portion of the Steele Perimeter Road (from the length of Steele Perimeter Road beginning at the new¢mute hue to the South Bus Drive) that runs parallel to Knights Crossing and move and replace the fencing back approximately 13 fat, as marked on Exhibit "G" as (3). Developer will move the existing fencing may, from where Knight Crossing is being construmed and closer to Stale Perimeter Road, and add additional kncblg, of the same or substantially the same kind and quality, as necessary, to maintain accesses and security control to the high school campus. 3. Demelish the portion of the current road segment that connects the South Bus Drive on the southwest coma of me Stale Perimeter Road to the western portion of the Steele Perimeter Rol, as marked on Exhibit^G" at(4). 4. Construct a msimenana driveway connection between the south end of the Stede Perimeter Road and the southwest end of Steele Perimeter Road that marches the moment condition and pavement section of the existing Smele Pedmmer Road, as marked on Exhibit "G"as(5). 5. Concoct a roadway connection between Knights Crossing Segment and the South Bus Drive on the southern portion of the Steele Perimeter Road, connecting Knights Crossing Segment with the southern portion of Stale Perimeter Road, that matches the c rrent condition and pavement section of the existing StalePerimeterHand,nas marked on Exhibit"G" as(6). 6.Itsm11 fencing between the lower south and southwest portion of Steele Perimeter Road of the same or substantially the same kind and quality as marked on Exhibit G" as (7). 7. Design and concoction of the Knights Crossing Road construction and improvements and the mad construction,fencing, and obligations set out herein. 8. Developer shall provide City periodic updates concerning We design and construction of the Knights Crossing end its progress on obligations herein. c) Developer shall be solely responsible for the haul-off and disposal of any material or spoils from the Ofhite Public Improvements; and shall leave the offsite right of way and easemem clean and clear of debris. d) City sgrecs to acquire the offite right of way and roadway easement from the District for expansion of Knights Crossing. Iublu lnpow,m,v Aper-9Je[SSpMir¢bn Vge6o(T/ IMYK Cory— Develow _ e) Pner m completion of the ORshe Public Improvements, City fin its sole discretion) may assign its rights and any warranties associated with the Offsite Public Impenvamens, in whole or in part, to the District. In such an event the District will have the right to inspect and accept dedication of the Carl Public Improvement located on the District's property. Article V. Developer's Performance and Obfigatiom Developer hereby agrees m Ire bound by,mM perform, each obligation that follows: 5.01 The Subd'v's n. The Subdivision shall b< laid out, installed end constructed in substantial compliance with the land use study for due Subdivision as approved by de City, and all rules, regulations and ordinances of the City including, but not limited fo, the City's Code and LDC in effect at the time of approval of the land use study. Developer may submit m City staff,the City's Planning and Zoning Commission, or City Council, as deemed appropriate, one or more variances firm the Code andlor LDC during me platting review and approval process. The reviewing City department Board, or City Council may grant or deny any such variance requests that are found in its discretion to be appropriate. 5.02 They. The Pmjecl canal= of the water, sewer, tansposition, and park improvement, as Porcher described in Exhibit "B", and which shall he required a serve the Subdivision, including the Lens and Lnits. Except as otherwise provided in this Ageemem, Developer, at as sole was sed expense And cause the Project to be contaminated in accordance with fee Regulafion. 5.03 honest Fees. Except as otherwise provided in this Agreement (including any Prepayments), Developer shell pay, at planing or building permit phase, the mounted Impact Fees For the Subdivision or a portion of the Subdivision. 5.04 The En¢inee. Developer shall engage a qualified civil engineering firm fo serve as the Engineer for the design and construction oversight of the Subdivision and Pmjwg. The Eogincer will prepare the design, construction plans and specifications, and supporting documentation for the Projw4 which shall be reviewed by the City Engineer for compliance with the City's Regulations. The Engswer shall certify Project wets and payments of Project costs as necessary for the purposes of that Agreement. Article VI. Corniest; and Dalin 6.01 Developer's Covensnts and Duties. 6.01.1 Pert mnlangg. Developer covewrs, want and agrees to timely and fully perform me obligations and duties contained in this Agreement. 6.01.2 False Statements. Developer covenants, warrents and agrees to not make say false or substntially misleading statements in the performance of its obligations and duties contained in this Agreement. Pathe lmpowamb Amo,c &okC S,Aiishran Pge]ef37 NYiac me O deav 6.01.3 Gaod SMdine. Developer covenmt. warrants and agrees it is authorized to do business and is in good standing in the Stare of Taxes and shall remain in good spending in the State of Texas and the United States of America and shall remain an during any term of this Agreement. 6.014 Approval. Developer covenants, warrants and agrees that me execution of this Agreement has them duly Whorizcd by Developer's corporate governing body, and me individual signing this Agreement is empowered to execute such agreement and bind the entity. Said authorization, sigrwrg, and binding effect is not in comma Brion of my law, rale, regulation, or of the provisions of Developer's by-laws, cr of any agreement or insermmtw which Developer is a Party to or by which it may be bound. 6.01.5soft Ivy. Developer covenants, warning; and agrees fast it is not a Petty to any ban cruptoy proceedings currently pending or cormasplaMd, and Developer has not been informed of any potential involuntary bankruptcy proceedings. 6.01.6 Authorization. Davelopm covenants, warrants and agrees that to its current actual knowledge Developer has acquired and maintained all necessary rights, licenses, permits, and authority to many on its business in du: City and will continue to use its best shorts to maintain all necessary rights, licensee, permits, and authority. 6.01.7 Punditm. Unless pmvfdW otherwise in this Agreement, Developer covenants, rzents am agrees an complete, or cause to the completed, she Project and Subdivision at its sole coal and expense. 6.01$ Proxmire Developer coveriamu% waznnts and agrees m olein or terms m be obmined, all necessary permit and approvals from City Author all other governmental agencies havingjurisdiction over the Project and Subdivision. 6.01.9 Dedicet opt. Developer covenant,, warrants and rearm no property with a lien still etmched shall he offered to City for dedication. 6.01.10 litibties and Taxes. Developer cxvenmm warrents and agrees to timely pay, or cause to he paid: (i) monthly miss and charges for all utilities (such as weer, electricity, and sewer services) used by Developer; and (ii) persAoal and Ad valorem taxes,for all areas ofthe Property while owned by Develops. 6.01.11 Documents. At rhe City Manager's written requmt Developer agrees to timely provide b him or her all documents, invoices, and other records that are not foamed confidential mW art related to this Agreement, Any such request shall M reasonable surd for me explicit purpose of ensuring compliance with the terms and conditions vfthis Agreement. 6.01.12 Undmummmd Workcre. In accordance with Tests Government Code Section 2264.051, Developer certifieA that it, and all benches, divisions,or departments ofDevelops, will not knowingly employ an undetermined! worker(as defined by Taxes Unassuming Code Section 2264.051) in the construction ofthe Project or Subdivision. Publie Invormsena ASN"i steak Cretl sasheien pap Bpart Imi6: Liy_ nevebpe _ 6.02 ON's Covenants and Duties. 6.02.1 City covenant; wernoms and agrees to timely and fully perform tic; obligations and duties consained in this Agreement. 6.2.2 False Statements City covenants, warrants and egos m not make any &Ise or substantially misleading statements in the parmmance of its obligations and dudes contained in this Agreement, 6.02.3 Goad Standing. City cro mans, warrants and agrees that it is a home rale Texas unicipallty and body politic of the State ofTexas and shall remain so during my tam of this Agreement. 6.02.4 Approvalval. City communist, warrants and agrees Net the execution of Nis Agreement has been duly authorized by City's elected City Coundil, and the individual signing this Agreement is empowered m execute such agreement and bind the entity; and that, to the beat ofthe City's knowledge, said authorimtmM signing, and binding effect is not in contravention of any law, rule, regulation, or of the provisions of City's charter, m of any agreement or instrument to which City is a Party to or by which it may be bound. VIL Assignment of Commitments and Obligations 7.01 Assigns . kept as stated below, Developer shall have the right to assign all of their rights, duties, and obligations under this Agreement for all or some of the Pmpmy to a duly qualified third parry weh prior written approval of the City. An assignee shall assume all of the obligations and responsibilities, as well as receive Ne benefits, of the Developer assigning the Agreement with request m the porrim of the Property b which the assignment relates. Developer, upon assignment, shall he tslicied of all obligations and responsibilities relating b the Agreement with respect to which the assignment is made, provided Developer delivers to the City 1) an agreement between itself and the assignee documenthtg the assignment and assignee's enticement m perform such responsibilities and obligations; and 2) dacumemmion of the assignee's financial capacity to fulfill the obligations ofthis Agreement,such as a letter from a finamial institution. Article VlD, Default 8.01 Wasifi g Subject to she Might to Cure in Section 8.2, a Party shall be in default for a submsntlal breech of my covment contained in this Agreement. 8.02 Right to Cum. No Party shall be deemed to be in default hereunder until the passage of sixty (60) business days after rtceipt by such Party of notice of such default drum as other Party Mum Period^). Upon the passage of the Cure Period, and failure W curt the applicable default, such Party shall he deemed to be in ddault ofthis Agreement. MWk fisomm omp moenan_ermC ySUndinaon Paae9of39 U l6: (thy_ resume ArtideLL Termination 9.01 This Agreement may be laminated under any of the circumstances,aduch follows: a) Bxpimtion of its Term; or it Muwl modern agreement of me Parties; or c) The nomination of the lnurloal Agrvcmenl as a result of Developer not fulfilling m obligation to construct the public improvements required in Section 4.08 hedn or d) Default after tribes and expiation of the Cure Period - In the event that this Agreement is b ruin ord as a resuh of an act ofDefaulq the City shall be under no further obligation to perform, and the remainder of the development of the Pro" Subdividon shall he required to comply with the requirements of the Code and/or CDC a the time of such breach. Article X. MieeeBaneoue The following miscellaneous provisions are made Port of this Agreement 10.01 Addtiond Instmmems. City and Developer agree and covenant to consomme, negotiate in good faith, and m axeaub such other and further somerinstrumentsand document as may be reasonably required to fulfill the public purposes provided for and incldedwithin this Agreement 10.02 Amendments. This Agreement cmatifbs the ware understanding and agreemere of the Parties as to the maters set fonts in this Aglxment. No a teretion of or amendment to this Agreement shell be dilative unless given inwriong and signed by the Parry Or Parties sought to be charged or bound by Use allusion or amendment 10.03 Applicable hew she Venue. This Agxment shell be governed by and coretmcd in accordance with the laws of the Site of Texas, and all obligations of the Parties assured hereunder are performable in Guadalupe County, Texas. Venue Por any action arising under this Agreement shall lie in a court of competent jurisdiction in mid County. 10.04 Binding Obligation, This Agreement shell becomes a binding obligation on the Paries, their successors and assigns upon execution by all signatories hereto. 10.05 Consumers. This Agreement may Its: exernm! in one or mare coMcerperts, each of which shall he deemed an original and all of attach dust constimb one and the same document 10.06 Cmtsmrcli . The Parties acknowledge that the Paries and their counsel have reviewed and revised the Agreement and that tine normal rate of construction in the effect tem any ambiguities are to be resolved against the drafting Parry shill not be employed in the interpretation of the Agreement PUNhlmpnwnenv Aertmm-Soh CleLLsuWiviwn rosettes? Innum Civ— IMehps 10.07 lintbrccment The minimization of due City Manager shall be sufficient for the City AMmey or his or her designee to enforce all legal rights and obligations under this Agreement without further authorisation. Developer shall provide to the City Attorney all documents and records that the City Atemnry reasonably requests to assist in determining Developer's compliance with this Agreement. 10.08 Entire Amreement This Agreement constitutes the entire agreement between the Parties with raped to the subject matter covered in this Agreement Them is no other collateral oral or written agwnow between the Parties that, in any manner, relines on the subject resume of this Agreement, except as provided for in any exhibits attached hello or duly approved amendments to this Agreement. 10.09 PA'b'e. All exhibi s referenced in this Agreement me adopted herein by such reference for all purposes. 10.10 Force Macurt. It is expressly understood and agreed by the Parties to this Agreement that Were performance:of any obligations hereunder is delayed by mason of war, civil cucumber, acts of Gad, inclement weather, fire or other casualty, or court injunction, inability to obtain labor or materials or reasonable substitutes therefore, govermnenml restrictions, governmental regulations, governmental controls, governmental action, delay in issuance of permits or approvals (including, without limitation, fire marshal approvals), enemy or hosfile govemmental mti0q civil motion, fire or other casualty, and other causes beyond she reasonable ora l of e obligated Platy and delays reused by the other Party, the Perry so obligated or permitted shall be excused been doing or perfuming the same during such period of delay, so that the time period applicable to such obligation or requirement shall bs extended fora period eftime equal to the period such Party was delayed. 10.11 Gender. The gender of the wording throughout this Anumetn shall always be interpreted to mean abuse sex, and where the context requires, the plural of any word shall indude the simpler. 10.12 Government] Records. All invoicass, records and other documents acquired for submission ro she City pursuant to she terms of this Agreement are Governmental Records for she purposes of Texas Penal Code Section 37.10. 10.13 Immunities and Defenses. 10.13.1 By entering into this Agreement, the Parties do not waive, and shell not be deemed to have waived, any righter, immunities, or defenses either may have, including the defense of Parties, and nothing contained hasin shall ver be cnnmoed as a waiver of sovereign, statutory or official immunity by she City wish such rights (zing expressly reserved m the fullest extent amhorixed by law and to she same since which existed prior w the execution hereof. milk lmpmvememe American-sb4 ct k5udivhioe Pare 1I ou? Nano, Gy_ Cercbp 10.13.2 No employer of City, or any ouurmli ember or agent of City, shall be Personally responsible Jersey liability arising waterer growing outofmis Agreement. 10.14 Mutual Assurance. City and Developer will do all things reasonably necessary or appropriate to arty out the terms and provisions of thu Agreement and to aid and assist each other in carrying am such terms and provisions. 10.150' fieu. Any notice, sediment and/or communica ion crushed and/or permitted b be delivered hereunder shall h in writing and shall he soiled by first-class mail, pomp prepaid or delivered by hand, by nmengi by facsimile, or by reputable overnight and shall be deemed delivered when received at the addresses of rhe Panics set forth below, or at curb other address famished in writing m the other Parties thereto. Any nice mailed to the City shell he addressed: Cityof Cibolo A": Wayne Red, City Manager 200 South Mein Spee Civello, Tessa 78108 Telephone: (210)658-9900 Fartimile: (210)658-1687 Wim a cubo to Any notice mailed Is the Developer shall he addressed: Continental Homes of Texas do DR Horton Atm: Leslie Osmnder, Vice President of Lan ! 5,119 North Loop IWelEast San Antonia, Texas 78249 grub acv to Killen, Griffin 8. Farrimond, PLLC Atm: AsNry Farlimond 100 NE Loop 410, Suite 650 San Antonio,Texas 78216 Vupllelmpwrmmn Ppammr-SKKIe Crtd sobEivimn Fwa12ef37 gnYn: Cry- _ 10.16 Orchestra Anoi'cab'1'ty. The Parties acknowledge and agrve that Nis Agreement shill confer no Vatted Rights on Me Subdivision or Project unless specifically essumerated! herein and that this Agreement is not to he concluded as a permd for the purposes of Texas Local Dove ument Cade Chapter 245; and Developer agrees that any Permit rights under said Chapter, which may be so derived directly force this Agreement ate hereby expressly waived and repudiate. This Agreanent shall confer no vested rights on Me Project unless specifically encountered herein. 10.17 Sevorsibilb. In the event any provision of this Agreement is illegal, invalid, or incompressible under the present or future laws, Then, and in that event, it is the intention of the Parties hetero that Me remainder of this Agreenenl shall not he affected thereby, and it is also the intention of the Parties to this Agreement that in lieu ofeach clause or provision that is found to an illegal, invalid, or unenforceable a Precision be added to this Agreement which is legal, valid and enforceability and it a similar in tens as possible to the pravisicl found M he illegal, invalid or unenforceable. 10.18 Recordation. The City shall have the right to mord an affidavit memorializing the terms, conditions and extension of Nis Agreement. 10.19 Sgfv dal of Coconino. Any of the representations, warranties, covenants. and Obligations of Me Partin well as any rights and bmefds of the Panics, pertaining W a period of time fallowing the termination of this Agreement shall survive coordination, 1030 'Lime of the Essence. The Pani" acknowledge and agree Net time is ofthe "sence in the performance of this Afternoon. 10.21 Development Agreement Fee: In moordance with the City of Cibolo's 2020 Fee Schedule, Ordinance 1316, (Octoher 2020), Developer shall pay a Public Improvement Agreement Fee, the Inner of Fiflcea Hundred dollars plus One Hundred dollars far sent: (51,500 + 5100/acre), or Four Thousand dollars (54,000.00) N addition, Developer shell reimburse the City reasonable Legal Fe" mored by Me City Attorney, relate to the preparation of this Public Improvement Agiv..mes. Remainder frnis page intentionallyleft blank.RignafaresfoRow art IM1e ncxlpag¢ PaNielmpmrweWe Ppecnml-SiJe Oat Sumlrwn Vp 13007 Wtialt ciq_ Carhops _ EXECl1TED in multiple originals and eR¢tive as of the Effective Date, DBYBLOPEB Continental Homes of Texas, L.P., e Texas limited permership By: Name: Title: CITY OF MOW By: Wayne Reed, City Manager Publie lmppwimnn Pymset-S wIeO Seb4r4ko P,g,14av Wmb Cab_ Rwbyv STATE OF TEXAS COUNTYOFBEXAR § This Public Improvements Agmemem was acknowledged befe me an the day of 2021, by on behalfofseid Nanny Public, Slate ofTexas STATE OF TEXAS COUNTY OF GUADALUPE § This Public Improvements Ageement was acknowledged before me on the day of 2021, by Wayne Reed, City Manager of doe City of Cibolo, Texas, on behalfofsaid City. Noluy Public, Sine ofTOSS PoblielmPrnem.41Ia1NPN1-51¢pOJ,9uWirbM Pug 15 r37 Inei,h: Clb_ CwelePv _ EMBUS Exhibit The Prope ExhibitE The Subdivision ExbibltC Publicimprovemems Exhibit It Tolle Road Improvements ExhibitE RESERVED ExhibitP Sanitary Sewer Improvements Exhibit Onsite Publialmpmvements PON,Im W,,wft PC etl-$ kcme SWivkkv pp, 16M)9 Iniluh: Ciry_ g apo IBITA The Property Puple lmpowmnt Pp¢mml-gwk Cmh YvpY:vuon Pee li 037 mlmn clpW_ awbp EXHIBIT "A" 0 FAibi+ "AE PACE l Ori 1£WL RIMIGN 4115MACRESCFVMD 41166 acres of land located 10 Me lemMmo Leal 51m/, Number a5,1 tM,t No.210 and rhe David Miller SunryNo 87,Attract 110;22%,GuediCounty Term and beingall o1Me raisin called a5.m2 acres of land cowered TO 2985he1e Creek Imesemenr; LIC, as deacdbetl In Document Mo, 2019.^9019519, Oil Public RWSp of Guadalupe Caunly,Taas;all pelf Mat UUN called 0.01 etre of land mmryed to 159 Shrecipmek v¢ab ,, LLC, as descdbM Io Document No.xN8990GOS24.Cflklel Public Rumps of Guadalupe CwrTy. Taus; a malon of that cu(aln mtied 31305 acres of lard convexed to 258 Steele Creek Investments, LLC, as dmcrlbed In Document No.201899"9518,OffMal Public Rerortls of Guadalupe County.Texas and a NOMona mu arab calked 131390 acres of land mMeyed NO CM8neflml H wne aTexm.LP.,ad daulMl In Command N0,231199019522,OW161 Public RecodsOfGUadaWpeC Unly,Tgas;wt4411$26 aueafmang morepidkUkrlydacrlhetlasWllowc D%IMNING,It found(Mch term post Math In the so,Nwmr yrlghtctmyuneofTolla ROM Ap County ROM No.373)and rea ing Ne mast noMnly mmer of the said 85592anno(land; TIMI 5oRh SWISS 16'36'East,A,M the Southwesterly Itafmy 1110 o1 Time Road,a distance ef1WNDO fast,to a bund 6For 1 and Perot 111011I the mini elowly mmerOfthe said M592, rt ; MMalln Nor soutleastMyhre of Me Sold W%2 ave back Up toWwing< umm South EDUN 9'0PWAS,a d1marce of 1,151."fork to a found Kinch Iron mtl at'CUD E'up; Sound 59dgMbPWert,a dlstYx OGN.MkC a Sound K Inch Imre nidi SOUND Model 19'16'WOO,ad ame&325M feel W a bund I Inch Imn pipe; Saudi BWq 15'51'Wip atl6tance of 13551 fart,be aWM K Inch lrm Up Sound 39dugDill Weak atl13k Wcof193 W Me ,0 a feend K inch ban rod w 4UDE'.Up; Sound Wel OP Wal dlsrbome 0A.5..32 MING he a rou nd N lrch Irolactl b Nthe rwl ,mtedylineOftheSoldTpcawandmarkhigthematmetMymmxoflmid115592aveNC; T INC[South 30deg MCP Gap MOIq the pWmUIeerly line of Me end 0.01 Am back a dlalance Of 12280 Nat,M A bund K loth Iran Old SAM"CUDC'UP headed In Its norrhedy line&Me Union PxiRc Milmad; MOO. Sound Mary 16' M"Wok abng Me mortality Hoe of Me said Union Pe Mk Rafted. o dAma of 2.MM fee,W around 5/8Inch Son and maMng Up mumwKmdyWrneruf to said MdOl acres MENCP North 31Aq W'24'Wesk shingles muthweskrlyllneol Me s od(SMlecT,a dhtance Of IMBfiek W a bond K Ind irdn YW marking an Ntvbr mmerofthenld 311.M cues; MN MSWM590g12'93"West 1191;aONNAUNOV brimaMemld 311."rug a&Mnceol 1,"162 feel, W aWund K Inch Mon Mal snM omnge apstamped- S RLS ar UL MOM YNq 47' 12"Weak moving Me said 311."acres and the sell 11CL'fl0 evn, 3 Distance of nT.9e reel,NO aaund K Inch ban rad AM'CUOV up Iaa1M W the WrMweoteRy ung OT Me Said 171.390 aoesra¢ CODE ENGINEERS Moral.12101"A2951 Use NO 485 SAN Cream l.w N SAN Am NIO.Taw myl CUMKINEEw.coea TWAS NO.lm oo PaP2 oft NENCE.nbng the nortM1wssttay line OFthe sand 171.390 sore Net,the bllwlng earttc NOM 59tleg035-East a Edwin Of 116,02 Wt,m s Found y9'IrOn RW: Nom 5fiaR 9'e3'East,admance a(1,19061M,m a found U29rM ME; Noah Same 2413'East,a distance Of¢2.39 het,to a found IZZ'Icon rod with a yellow®p sta copes Mae;NMA 591eg 2T27'East,adistasciatmaiw feet to a frond fix Imn lndl Noll 591 Six Eu4 a tlblanre of ZW.W East,to a bund N'pan and, NIM doing V31-Weal,at a distance 1,5hi fee,,b a found M9mnraa WCB M In Me wutheastedyfightawaslimaOR,Hiehwry 110 might orwayvadesli THENCE,Nath 591%Wat-MR.along Me muffingely llghlofway line off.M.Nlghway 110,a di a ce of fame)East,b a found WIM md with and cap demand'CEC'set In aneret, THENCE,continuing alongthe neMwaSterfy line of the said 131390 aaq Me folW.vingmutsee S mh WHIM25'31'Ent,detatceo(L5"Eup Wt.[a efauM N'Imnmtl with red up stampoldi CUNE'.NMA Sil 14'07-Eutadlown¢ofl,Ha.m feetto a bund 35'SEA IN with an Mage up lt,MW'HSC met 5960'maetlng the most"A"twrtherty comerof the said 111.3m aaag THIMCE,alongme no teasledy Yoe Of the mid 171.390 ears and 00ri ethewhetly line Oftbe said 31149 Toes, thefalbMngmurset S0111,39 ITO10'East a alsten¢afOgaif¢t too found l VC Imn Pipe be anOW adarfenapoq South 3We9 2406'East.adh4n¢ol At5.09fee ,to a Found l'Yon pipe by a(enee pug: South 3Weg 33'09'East,a distance of 328,67 set,t.0 a net N'itM ma with'NOE'sets SouO"M Ifo'We East a distance of 59120 Wt,b a found H'I70n ma by a farce pmt South Mideg 04'22'Mat,a it atarce 0f390.55 Fast,to a bund is'pan and set In a 3'diameter wnttHe Width bated In Me noMwalerty Yne ofthe said 85592 rt¢Nq TIENCE,alorythe rommw My line OFthe"to SSS92am,Me fdlmeMg mutes: NOM Saudi 32'Me East a dlslan¢af 5TLa5(eet,to a found M inch Imes rad: NOMAtlq 37'M'East a dlstana of;91161feet,b the P01MW OMNNIM a nd con¢blm 4115THaemaflangmareviess. Nein: euhdNadt istheTeam SahpbneCmMinak SyNem,SouM CenNl Zone(42(1WT E31931. paeaa'af/Fyamq xfhzlp lammw.Ru lRqU btiY@' . Phvbnaland5uprNo.430 C'mErs San PoadHITRoad.S3i101 San A110111.1.Texas TENPELS nine NO 103465(h) FillFirm No.Six y' amaE aiS1. 5t E.ii CUO¢ENOINEERS i leRtamInullssyeaTANeNTW0.M as wm MKS No laawo LINE iRB1E WFXLL BFIAIXO AW PAA E E22 97 xun N`P° Tala mov n mommyF, x.en BIR L6 Lu99999 E 0 17926,0595F LU vnWWE v... 411.526AC NOTES: s A w y+ ..w• inf'@IO.SWvanwcs:irru iFwNs<ogmllurtASRM aovM<PxmnLanXFNaOa),Wn®v, dL'M dig a xzroxoxFwFFvrtFsw CUDE L , alMnNMTM 2MM7.MrMGMEX,,MX VPAP' !NF(A!Nk 96YI6d9fiw EXHIBIT B The Subdivision PdLL l m ae dVummi_nmY C1W SuWIrIWn Mg 210!3) Inenle Clry_ CerNnpv 4j nnr nnr ORMOVE , Le 177;d7r771rlddlolrr, r nIm 11nrp2 aozen 55 I Sy 4mu rIfr nnnmWeN6iwP i - •isefrmHVA 11 3fR °11iii7i7i jburr77nu7eIin+i itouuuT7 -m-q 4annmurrrrgr^jk ' Iry 13 m ' ooo& o oe oo 0 ° e000 p1 1a000,000e , ao000ogoro ^ IfVVp lY oil iinll einmmriIIIflfidyf` u,C i:ooe00 ! ' :x000:Do•ODi7ly EXHIBIT C Public lmprovemenis vub&Grgmwneov gpymen-male tivk guMiri.ia PyeL ofl7 mmv.: cM— nm wa, f q X IIIII WI\ q In T IgRC Jllgl 11 WmIW ' Innlnm mn- Iq 1111111111101 1 IINII w. 11111\ Y y,, IIp1 1111 i IIIIIItRfB 1111 1 I, inlI111111 q mn q/ Ilumllll 111 nn• 111111111111 IIIIIIU Ll C 1111/ Iml_ nun nn IIu1, 11 * 1111111/ 11 S 111 1 111 111 I 11 a IIIIIXIIIII u 1% IIIIII IIIIIII / 1111111 1111 \ SII\ lullml g1j4i1j 111j1j`— mm oiuuniouuumm muunuiuuu mnum I EXHIBIT B Tolle Hoed Improvements PoWb Imporcmmv.peunml-Sak L4et Su6f irlvbn biNN: CM_ OewNry e4,35N3) 7 EXHIBIT "D" Tolle Road Improvements i i' i I I i I I I I I I is 1 = I j I I j I I i i i meg= i i oTa e m f—__—.. swPosco as __—'-- _ : loa• a- 1. 65 A[. D/ ECEL' efl0. iiCN CR G. D6 AC s cmcr woi xe ! m, roue u.