2011-R-24 Merritt Lakeside Amendment to AgreementRESOLUTION NO. 11 -R -24
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO
DEVELOPMENT AGREEMENT WITH DDC ASHTON, LTD., AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City of Schertz (the "City ") has previously entered into a development
agreement with DDC Ashton, Ltd. relating to parking at Merritt Lakeside Senior Village; and
WHEREAS, the City staff has recommended, and the City Council has determined, that it
is in the best interest of the City to enter into an amendment to the development agreement
attached hereto as Exhibit A (the "Amendment').
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Amendment with DDC Ashton, Ltd. in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
50413500.1
PASSED AND ADOPTED, this 12t1r
ATTEST:
Cr ecretary
(CITY SEAL)
50413500.1
VOC 2 9 5 9 P6016 6
c i- 0015oi
DECLARATION OF RESTRICTIVE COVENANT AND DEVELOPMENT
AGREEMENT FOR MERRITT LAKESIDE SENIOR VILLAGE IN SCHERTZ, TEXAS
This Restrictive Covenant and Development Agreement for Merritt Lakeside Senior
Village in Schertz, Texas (this "Agreement'), is executed this 4th day of January, 2011 (the
"Effective Date "), by DDC Ashton, Ltd. ( "Initial Owner "), and is approved by the City of
Schertz, Texas (the "City"), as set forth below.
RECITALS
A. Initial Owner is the owner of land (the "Property "), more particularly described
on Exhibit A attached hereto. Initial Owner intends to develop certain improvements on the
Property, as shown on the site plan attached hereto as Exhibit B (the "Planned Development').
B. The Planned Development is intended to be and to be operated as "Affordable
Senior Housing ", which is housing that is (i) operated so as to be eligible for low- income tax
credits under Section 42 of the Internal Revenue, and (ii) targeted to individuals 55 years of age
or older.
C. The term "Owner" means, individually, and the term "Owners" means,
collectively, Initial Owner and all future owners of the fee interest or any portion of the Property
(whether such fee interest is obtained through a purchase from Initial Owner or through a
purchase at a foreclosure sale or trustee's sale or through a deed in lieu of foreclosure) and their
successors and assigns. The term "Parking Complaint' means a complaint made to the City or
to the then current Owner, by a tenant of the Property or by a third party that owns or rents real
property adjacent to the Properly, that all of the parking spaces on the Property are frequently
full and that, as a result, the then current Owner's employees and contractors, tenants of the
Property, or such tenants' guests frequently park on City streets or on other property when
visiting the Property.
D. The Unified Development Code of the City requires Initial Owner to construct
four - hundred forty (440) parking spaces on the Property in connection with the Planned
Development of the Property. However, both Initial Owner and the City believe that, as a result
of the specific use intended for the Property, fewer parking spaces should be required for the
Planned Development.
E. Subject to the approval of this Agreement by the City Council of the City, Initial
Owner has agreed to impose upon the Property these covenants and conditions for the benefit of
the Property, the City and the neighborhood.
NOW, THEREFORE, Initial Owner declares that the Property is subject to the following
covenants, conditions and restrictions, which run with the Property and bind all parties having
right, title, or interest in or to any portion of the Property, their respective heirs, successors, and
assigns, and which inure to the benefit of the City and each tenant of the Planned Development
(the "Beneficiaries "). Each contract, deed or conveyance of any kind conveying all or a portion
of the Property will conclusively be held to have been executed, delivered, and accepted subject
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Restrictive Covenant & Development Agreement — Merritt Lakeside Senior Village (Schertz, Texas) Page 1 of 10
VOL2 9 5 9 P60167
to the following covenants, conditions and restrictions, regardless of whether or not they are set
out in full or by reference in said contract, deed or conveyance.
SPECIFIC AGREEMENTS AND RESTRICTIONS:
1. Recitals Incorporated. The above Recitals and all terms defined therein are incorporated
into this Agreement for all purposes.
2. Development Agreement. For purposes of site plan review, modification, or approval by
the City, the Planned Development will be constructed as a unified development/single site. Any
proposed modifications to the Property or the Planned Development will require City approval.
Any proposed revision must be made in accordance with the provisions of the Unified
Development Code of the City and this Agreement. This section applies to, but is not limited to,
building locations and dimensions, the extent of impervious coverage, parking, and landscaping
of the Property. Except with respect to Section 3.C.(iii), to the extent this Agreement
specifically conflicts with the Unified Development Code of the City or any other law or
regulation imposed by the City, this Agreement will control.
Parkins.
A. Subject to Section 3.E., so long as the Planned Development is operated as
Affordable Senior Housing, the City approves the construction by Owner of the Planned
Development in accordance with the site plan attached hereto as Exhibit B, which requires the
construction of at least two - hundred thirty -one (23 1) parking spaces as shown on Exhibit B.
B. Subject to Section 3.E., the then current Owner will provide to the City any
written Parking Complaint within two (2) business days of receipt by the then current Owner. If
the City or the then current Owner receives three (3) or more written Parking Complaints, and a
City official visually inspects and verifies that all of the parking spaces on the Property are
frequently full and that, as a result, then current Owner's employees and contractors, tenants of
the Property, or such tenants' guests frequently park on City streets or other property when
visiting the Property, or if the City makes such determination on its own following its inspection
of the Property (not related to any filed Parking Complaints as described above), then the City
Manager or his designee (i) shall notify the then current Owner in writing, and (ii) may
determine that additional parking spaces are needed on the Property based on parking spaces
required by the Owner's employees and contractors, tenants in the Property and such tenants'
guests, and if so, specifically how many more parking spaces are required. The total number of
additional parking spaces that could be recommended in such case shall not cause the total
number of parking spaces on the Property to exceed four- hundred forty (440) parking spaces.
C. Subject to Section 3.E., if the City determination described above under
Section 3.B. is made, the City Manager may present that information to the City Council of the
City. The then current Owner will receive the City's determination at least ten (10) days before
it is presented to the City Council, so that the then current Owner may present any other relevant
information to the City Council. If the City Council votes by resolution to require the then
current Owner to construct additional parking spaces, the then current Owner shall be obligated
to do so within a reasonable time but not exceeding six (6) months, except to the extent delayed
50362322.2
Restrictive Covenant & Development Agreement — Merritt Lakeside Senior Village (Schertz, Texas) Page 2 of 10
V612959 P60 16 8
by weather conditions preventing completion of such additional spaces, provided that the then
current Owner (i) shall not be required to construct more than four- hundred forty (440) total
parking spaces on the Property, including the two - hundred thirty-one (23 1) parking spaces being
constructed initially as shown on Exhibit B; (ii) shall not be required to construct more
additional parking spaces than the specific number recommended in the City's determination
described above in Section 3.B.; (iii) shall not be required to construct more additional parking
spaces than the number that would be required in order for the Property to comply with the
Unified Development Code of the City, or its successor laws and regulations, at that point in
time; and (iv) may pick the locations for any additional parking spaces to be constructed on the
Property from those that are shown on the site plan attached hereto as Exhibit C, which shows a
total of four - hundred forty (440) parking spaces on the Property.
D. Subject to Section 3.E., all parking spaces constructed on the Property, initially or
pursuant to Section 3.C., must be in accordance with the approved site plans as set forth in this
Agreement. Any change to the approved site plan must be approved in writing by the City.
E. The provisions of Sections 3A., B., C., and D. shall remain in effect through
December 31, 2015.
F. If at any time the Planned Development ceases to be operated as Affordable
Senior Housing, it shall be required to have the number of parking spaces for the new use as
required by the then effective rules of the City.
4. Excusable Delays. Whenever performance hereunder is required of the then current
Owner, the then current Owner shall use all due diligence to perform and take all reasonable and
necessary measures in good faith to perform within a reasonable time; provided, however, that if
completion of performance is delayed at any time by reasons of acts of God, war, civil
commotion, riots, shrikes, picketing, or other labor disputes, unavailability of labor or material,
damage to work in progress by reason of fire or other casualty, or any other cause beyond the
reasonable control of the then current Owner (financial inability, imprudent management or
negligence excepted), then the time for performance as herein specified will be extended by the
amount of delay actually so caused.
5. No Conveyance. This Agreement does not convey an interest in the Property to the public
or any governmental body except a right to enforce this Agreement on the then current Owner.
6. General Provisions.
A. This Agreement inures to the benefit of and binds the Owners, their successors
and assigns, and the Beneficiaries. When an Owner conveys all or any portion of the Property,
and retains no interest in the Property, that former Owner will thereupon be released and
discharged from any and all further obligations, if any, under this Agreement that it had in
connection with the Property conveyed by it from and after the date of recording of such
conveyance, but no such sale releases that former Owner from any liabilities, if any, actual or
contingent, existing as of the time of such conveyance.
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Restrictive Covenant & Development Agreement — Merritt Lakeside Senior Village (Schertz, Texas) Page 3 of 10
VO12959 P00169
B. Unless modified, amended, or terminated in accordance with Section 6.L, this
Agreement remains in effect in perpetuity.
C. This Agreement will not be subject to the doctrine of merger, even though the
underlying fee ownership of the Property, or any parts thereof, is vested in one party or entity.
D. This Agreement (including the Exhibits attached hereto) contains all the
representations and the entire agreement between Initial Owner and the City with respect to the
subject matter hereof. Any prior correspondence, memoranda or agreements are superseded by
this Agreement and the Exhibits attached hereto.
E. This Agreement will be governed by the laws of the State of Texas. This
Agreement is performable only in the county in Texas where the Property is located.
F. Any notice to an Owner or the City must be in writing and given by delivering the
same to such party in person, by private expedited carrier services (such as Federal Express), or
by sending the same by certified mail, return receipt requested, with postage prepaid to the
intended recipient's last known mailing address. All notices will be deemed given, received,
made or communicated on the date personal delivery is effected or, if mailed, on the delivery
date or attempted delivery date shown on the return receipt. As of the time this Agreement is
signed, the parties' respective addresses for put-poses of notice are as follows:
Initial Owner Address:
3701 North Lamar, Ste. 206
Austin, Texas 78705
City of Schertz Address:
1400 Schertz Parkway
Schertz, Texas 78154
G. None of the terms or provisions hereof will be deemed to create a partnership
between or among Initial Owner, any Owner, or the City in their respective businesses or
otherwise; nor will it cause them to be considered joint ventures or members of any joint
enterprise.
H. If any Owner violates or attempts to violate this Agreement, it will be lawful for
the City and the other Beneficiaries to seek to enjoin such violation and /or to otherwise enforce
this Agreement. Only the City and the other Beneficiaries may seek such relief against the
Owners. There are no other intended third party beneficiaries of this Agreement. The failure at
any time to enforce this Agreement by the City or the other Beneficiaries, whether any violations
hereof are known or not, does not constitute a waiver or estoppel of the right to do so.
I. This Agreement may only be modified, amended or terminated upon the filing of
a written modification, amendment or termination document in the Official Records of
Guadalupe County, Texas, after that document has been executed, acknowledged and approved
by both (a) the City; and (b) all of the Owners of the Property at the time of the modification,
amendment, or termination.
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YO12959 P60 17 0
Executed to be effective as of the Effective Date.
INITIAL OWNER:
DDC Ashton, Ltd.
By: DDC As on GP, LLC, its general partner
By:
Name: Colby W. Denison
Title: Its authorized representative
STATE OF TEXAS §
COUNTY OF =11W6 §
Before me on this day personally appeared Colby W. Denison (as the authorized
representative of DDC Ashton GP, LLC, in its capacity as the general partner of DDC Ashton,
Ltd.), known to me personally to be the person whose name is subscribed to the foregoing
instrument and acknowledged that he executed the same for the purposes and consideration
therein expressed.
Given under my hand and seal of office on January 5 '2011.
INA K, SPOKAS
Notary Public, State of Texas
My Commission Expires
Mtly 20, 2012
50362322.2
4ary PubkicState of�T-exas
Restrictive Covenant & Development Agreement — Merritt Lakeside Senior Village (Schertz, Texas) Page 5 of 10
Y612 9 S 9 P60 17 1
ACCEPTED:
CITY OF SCHERTZ
By:
Name: Don E. Taylor
Title: City Manager
STATE OF TEXAS
COUNTY OF GUADALUPE
Before me on this day personally appeared Don E. Taylor (the City Manager of the City
of Schertz, Texas), known to me personally to be the person whose name is subscribed to the
foregoing instrument and acknowledged that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office on January 191, 2011.
9n'A•I.AN'hA7, »aa9aT7 Vsg7' aaaa»aaTay
SARAH E. GONZALEZ
*.* Notary Public
State of Texas
Comm Exp. 10- 31.2012
y Notary Public, State of Texas
�<eeatiaec�eU�;v�U evr�, <s�c<c<ee<eti
Attachments:
Exhibit A Recordable Description of the Property
Exhibit B Site Plan of the Planned Development (231 Parking Spaces)
Exhibit C Site Plan of the Planned Development (440 Parking Spaces)
AFTER RECORDING, RETURN TO:
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Project Name: MERRITT LAKESIDE SENIOR VILLAGE
Attn: City Secretary
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Restrictive Covenant & Development Agreement — Merritt Lakeside Senior Village (Schertz, Texas) Page 6 of 10
Y612959 P60 17 2
EXHIBIT A:
Legal Description of the "Property"
FIELD NOTE DFACRIPTION OF 10.637 ACRES OF LAND OUT' OF THE GF,NOBERA MALPA'L
SURVEY NO, 67, ABSTRACT' NO.221 IN G UADALUPECOUNTY, TEXAS, AND BEING ALL OF
THAT CERTAIN (10.629 ACRE) TRACT OF LAND AS CONVEYED TO MICHAEL C. LAiNE BY
DEED RECORDED IN VOLUME 2414, (AGI; 399 OD THE OFFICIAL RECORDS OF
GUADALUPE COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a V? iron rod found in the Noilhcasl right -or -way tine of .ht• Highany 3009 at the \Vc51
cornea of that cetlafn (1.0(17 acts) tract ofland as conveyed to Koch, 11, hic, by deed recorded in Volume 1264,
Pane857 of the Official Records of Grmthdripe Counly, Texas, same being an exterior angle corner at llte ino3l
Westerly Southwest comer of that eetlain (10.629 acrc) nacl of land as conveyed to lvlichael C. Line by deed
ruxuded in Voltaire 2434, Page, 399 of the Official Records of Guadalupe County, Texas and the post IVesterty
Southwest comer and PLACE OF BEGINNING of the herein described tract, from which a 112" iron rod
found at the South corner ol'said (1.067 acre) Kcvab 11, hie. tract, same being llte West comer of dir I certaht
(1.001 acre) tract of land as cotiveyeol to LamtyL. D08W011 and Lonny L, Boswell, Jr, by deed recoiled in
Volume 1267, rage 824 of- [be Official Records of Guadalupe Ctuul%Texas beats, SS 30 deg. 0004" L 134.54
R.;
THENCE Willi the Northeast right-of-way line ofP.h1. fthaay 3009 and a 3anlhwesterly line of sold (10.629
acrc) Paine tract, N29 deg. 53'32" W 139.54 16 to a 1!2" iron tall found with a plastic cap imprinted: "SIA
Engr." at tlae most WcsfeilyNorihweil conic" ofsaid (10,629 acne) Laine tract, same being the Souris corner of
Lot 5, Block 1, Isenlnmr Subdivision, a subdivision hi Guadalupe cpurny, Texas, acraiding tp the trop or plat
(hereof recorded in Volume 6, Page 669 of the Plot Records of Guadalupe County, Texas unit the most Westerly
Northwest comer of the herein described tract;
THENCE leaving tine Northeast right -orway line of F.M. Highway No. 3009, with the Southeast line. of Lot 5,
Block 1, Iswhour Subdivision, sauna being it Northoxwl title ofsnid (10.629 acre) Laine tract, the following Iwo
(2) courses:
1.) N 63 deg, 57'2011 E 266..94 It. to a 1/2" iron rod found Willi a plastic cap imprinted "SIA, Engr.';
2.) N 59 deg. 52100° E 50.95 ft, to a 11,211 Iron rod found with a plastic cap imprinted "SIA Engr." at
the East corner Of Lo15, Block 1, Isenhour Subdivision, snnie being an interior megle comer ofsaid
(10.629 acre) Lame 1100 audm, interior angle comer of the herein described fact,
THENCE with the Northeast lice orLpt 5 and Lot h, Bloch: 1, Willmar Subdivision, N 29 deg. 52,18" W
241,84 B. to is 1!2" iron rod found with a plastic cap imprinted "SIA E mgr." in llw Northanst line of lol 6, Block
1, Isenhour Subdivision, sumo hehig the South comer of that contain (0.2747 acre) tract nl'land as conveyed to
plausible Moroxioi n and Maria Marroquin by decd munrdod in Volume 2391, Page 953 of file Official Records
of Guadalupe Cminty,'rexos, also being nn exterior angle corner ofsndd (10,629 acre) Laine tract and an
exterior anglc. come of tic herein described tram;
50362322.2
Restrictive Covenant & Development Agreement — Merritt Lakeside Senior Village (Scitertz, Texas) Page 7 of 10
Y612959 1`60173
THENCE with the common line of snid (10.629 at,, a) Laine lrud and said (0.2747 acre) Vlarroquin tract, the
following two (2) courses:
L) NO deg.201301' E7045 A. to a U2" iron rod found td Ore fast corner of said (0 1747 acre)
Matrequin, same being a it interior angle comer of said (10.629 acre) Laine trail and an interior angle
corner of the herein described tract;
2,) N 29 deg. 49'35" w 156.75 B, in a 112" iron rod fond with a plastic cap imprinted "SIA P,urgr," in
Ilan curving South right -of -way title ofBorgfeld (toad at the Nodhutst center of said (0.2747 acre)
Ivfarroquin Iract. same being the most Northerly corner said (10.629 acre) Laine tract and the most
Northerly comer of the herein described tree[;
THENCE with the South I igltt-of- -way lute of Borgfeld Road and the North line of said (10,629 acre) Laine
tract the following [firm (3) courses:
0 along a curve to the right with a radius of 646.00 R. for au arc length of 210.36 ft. and adrich chord
beats, 5 84 (leg. 40113" E 209.43 R. to a I/2" iron rod found with a plastic cap imprinted "SIA. Engr "
at a point of tarngency;
2.)S74 deg. 56`35" F, 302,29 ft. urn I /2" fruit rod found a point ofcurvalrjlc;
3.) along a curve to tits fell with a radius of 630.00 ft.. for mu arc length of 326:31 A. and which chord
bents, S 88 deg. 57'43' E 322,67 R, to a 1 /2" iron tvd (bond at the Northwest cot r Of Lot 1, Blocs: 1,
Buffalo Flats, a subdivision in Gundalupe County, Texas, according to the map or plat itic, t,reawrrlal
in VOIIImC 6, Page 513 of Llie 11IaL Records of Guadalupe County, Texts, same being rile most
Northeasterly come ofsaid (10.629 acre) Laine pact and the most Northeasterly corner of the herein
described tract;
THENCE leaving the South right- ot-way litre of Bor$fcld Road 19th the contrition line of Lot 1, Block 1,
Buffalo Flats and said (10.629 acre) Laine tract, S 31 deg, 16'45" E 345.06 11. to it 1/2" iron rod found at the
South cornet' of Lot 1, Block 1, Buffalo Fiala, same Whig the most Easterly comer of said (10.629 acre) Laine
tract and the most Easterly corner of the herein described tract,
THENCE with a Soudu osi line, orsnid (10.629 acre) Laine tracl, S 60 deg. 1110611 W713,52 fl, to a broken
concrete monumental the most Southerly cornet of said (10.629 acre) Laine hull, sung; being the most
Southerly corner of the herein described tract;
THENCE with a Southwesterly line of said (10.629 acre) Lnine tract, N 30 deg. 02'36" W 329,61 B. to' 112"
iron rod found at the vilest nortlaxly c:onter of said (1.004 acre) Keeb 11, Inc. tract, saute being an interior angle
comer of said (10.629 acre) Laine tract and nn interior angle comer of tile.herehr described Iracl;
THENCE with tine conunlon line of said (10.629 acre) i.n(ue [racl and said (L004 acrd) Keeln R, hoc. tract. S 59
deg. 48'05" W 343.88 R. 10 the PLACE OF' BEGINNING and containing 10.637 acres of land.
SURVEYED: Daccrnhcr 30#11,2009
Holt CnrSen
RegWered Professional Land Surveyor No, 5164
referonee map no. A 852056
50362322.2
Restrictive Covenant & Development Agreement — Merritt Lakeside Senior Village (Schertz, Texas) Page 8 of 10
Y0L2 9 5 9 P0017 4
50362322.2
Restrictive Covenant & Development Agreement — Merritt Lakeside Senior Village (Schertz, Texas) Page 9 of 10
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Restrictive Covenant & Development Agreement— Merritt Lakeside Senior Village (Schertz, Texas) Page 10 of l o
YOL2 9 5 9 POO 176
This page has been added by the Guadalupe County Clerk's office to
comply with the statutory requirement that the clerk shall stamp the
recording information at the foot of the last page of the document.
This page becomes a part of the document identified by Document Number
It - I50t affixed on the first page of this document.
FILED FOR RECORD
11 JAN 24A 3� 06
STATE OF TFJ(AS
COUNTY OF GUADALUPE
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FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANT AND
DEVELOPMENT AGREEMENT FOR MERRITT LAKESIDE SENIOR VILLAGE IN
SCHERTZ, TEXAS
This FIRST AMENDMENT to DECLARATION OF RESTRICTIVE COVENANT AND
DEVELOPMENT AGREEMENT FOR MERRITT LAKESIDE SENIOR VILLAGE IN SCHERTZ, TEXAS
(the "Amendment ") Is executed this 12th day of April, 2011 by DDC Ashton, Ltd., a Texas
limited partnership ( "Initial Owner "), and Is approved by the City of Schertz, Texas (the
"City "), as set forth below.
Recitals:
A. Initial Owner previously executed that certain Declaration of Restrictive
Covenant and Development Agreement for Merritt Lakeside Senior Village in Schertz, Texas
dated January 4, 2011, which was approved by the City and recorded in the Real Property
Records of Guadalupe County under Volume 2959, Pages 0166 -0176 (the "Declaration ").
B. Subsequent to approval, execution, and recordation of the Declaration, an
updated version of Exhibit B to the Declaration, which Is the site plan for the Planned
Development (as defined In the Declaration), was approved by the City.
C. The Initial Owner desires to amend the Declaration to reflect the revised
documents and instruments referenced above and clarify certain other matters as more fully
set forth herein, and has obtained the City's approval for such amendment.
Amendments:
NOW, THEREFORE, the Declaration is hereby amended as follows:
1. Section 3.A. of the Declaration Is amended and restated In Its entirety to read
as follows:
"Subject to Sections 3.B., 3.C., and 3,F, below, the City approves the
construction by Owner of the Planned Development in accordance with the
site plan attached hereto as Exhibit B, which requires the construction of
two - hundred thirty -one (231) parking spaces as shown on Exhibit B."
2. Clause (iv) of the last sentence of Section 3.0 is amended and restated to
read as follows:
"may pick the locations for any additional parking spaces to be constructed on
the Property from those that are shown on Exhibit C, which Is attached solely
to Indicate agreed upon locations for a total of four hundred forty (440)
parking spaces on the Property."
3. Section 3.E of the Declaration Is amended and restated in its entirety to read
as follows:
"The provisions of Sections 3.13., C„ and D. shall remain in effect through
December 31, 2015."
4. Exhibit B to the Declaration If hereby replaced with Schedule 1 attached to
this Amendment.
FIRST AMENDMENT To DECLARATION OF RESTRICTIVE COVENANT AND DEVELOPMENT AGREEMENT FOR MERRITT
LAKESIDE SENIOR VILLAGE IN SCHERTZ, TEXAS - PAGE 1
Avs:005328 1 i00011:45522ov4
Additional Terms:
1. Except as expressly amended or modified by thls Amendment, all of the terms
and provisions of the Declaration are unchanged and remain in full force and effect.
2. This Amendment shall be construed and enforced in accordance with the laws
of the State of Texas.
3, This Amendment may be executed In several counterparts, each of which
shall be deemed to be an original copy and all of which together shall constitute one
agreement binding on all parties hereto, notwithstanding that all the parties shall not have
signed the same counterpart. Facsimiles shall be deemed originals.
4. The Declaration, as amended by this Amendment, sets forth all (and Is
Intended by all parties to be an Integration of all) of the representations, promises,
agreements and understandings between Initial Owner and the City with respect to the
matters covered by the Declaration and the Amendment, and there are no representations,
promises, agreements or understandings, oral or written, express or implied, among them
other than as set forth or Incorporated In the Declaration and this Amendment.
[Signature page follows.]
FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANT AND DEVELOPMENT AGREEMENT FOR MERRITr
LAKESIDE SENIOR VILLAGE IN SCHERTZ, TEXAS - PAGE Z
AUS:005 3 2 8 1 /0 00 1 1:45522Ov4
Executed to be effective as of the date set forth above.
INITIAL OWNER:
DDC Ashton, Ltd.,
a Texas limited partnership
By: DDC Ashton GP, LLC,
a Texas limited liability company
By: a(—
Colby Denison,
Authorized Representative
STATE OF TEXAS §
COUNTY OF TRAVIS §
This Instrument was acknowledged before me on this MA4
X day of Ap-H, 2011,
by Colby W. Denison, Authorized Representative of DDC Ashton GP, LLC, a Texas
limited liability company, the general partner of DDC ASHTON, LTD., a Texas limited
partnership, on behalf of said limited pprtngjship.
SEAL
Public, Site of
�^ LISA A. BEAUCHAMP
3•' Notary Public, State of Texas
•° a My Commission Expires
"i';i , �` October 24, 2013
FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANT AND DEVELOPMENT AGREEMENT FOR MERRITT
LAKESIDE SENIOR VILLAGE IN SCHERTz, TEXAS — SIGNATURE PAGE
AUS:0053281100011:455220v4
ACCEPTED:
CITY OF SCHERTZ
By:
Don E. Taylor, Cf anager
STATE OF TEXAS §
COUNTY OFGUADALUPE §
This instrument was acknowledged before me on this
by Don E. Taylor, City Manager of the City of Schertz, Texas,
SEAL
?�aaa aaaa aaaP,o, aaP, aaa aa, aaaaaa
SARAH E. GONZALFl
*.* Notary Public
eq
a State of Texas y
Iq
e Comm. Exp. 10 -31 -2012 W
aW"eea�etiw�ca ctiw� e c e c�a� ��W
LPy of April, 2011,
on behalf of the City.
FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANT AND DEVELOPMENT AGREEMENT FOR MERRITT
LAKESIDE SENIOR VILLAGE IN SCHERT2, TEXAS - CITY APPROVAL
AUS:0053281/00011 :455220v4
SCHEDULES
FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANT AND DEVELOPMENT AGREEMENT FOR MERRITT
LAKESIDE SENIOR VILLAGE IN SCHERTZ, TEXAS - SCHEDULE 1
AUS:0053281100011;455220v4
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