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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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CUO¢ENOINEERS i leRtamInullssyeaTANeNTW0.M as wm MKS No laawo
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NOTES:
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EXHIBIT B
The Subdivision
PdLL l m ae dVummi_nmY C1W SuWIrIWn Mg 210!3)
Inenle Clry_ CerNnpv
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ORMOVE ,
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EXHIBIT C
Public lmprovemenis
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EXHIBIT B
Tolle Hoed Improvements
PoWb Imporcmmv.peunml-Sak L4et Su6f irlvbn
biNN: CM_ OewNry
e4,35N3)
7 EXHIBIT "D"
Tolle Road Improvements
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