19-R-36 Amendment with developer of Hallie's CoveRESOLUTION NO. 19-R-36
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT AND
ASSIGNMENT THE AGREEMENT WITH THE DEVELOPER OF
THE HALLIE'S COVE SUBDIVISION PROJECT FOR SEWER PUMP
AND HAUL.
Vv'HERAS, the developer has asked that the company they have contracted for services
for pump and haul be changed from San Antonio River Authority to Talbert Quality Carriers,
LLC,
WHEREAS, the City will allow additional phases of the subdivision be platted,
constructed, and convey ownership.
WHEREAS the Unified Development Code of the City of Sc hertz provides for
developers to enter into agreements to defer the construction of required improvements until
after the plat is filed.
Section 1. The City Council hereby authorizes the City Manager to execute the
amendment and assignment agreement for Pump and Haul Services for Hallie's Cove with HLH
DEVELOPMENT, LLC, generally in the form attached, subject to changes approved by the City
Manager and City Attorney.
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 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
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PASSED AND ADOPTED, this 26th day of k
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(C] y Secretary, Brenda Ide is
NOW 0- 1 MI IN]
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AMENDMENT AND ASSIGNMENT OF WASTEWATER PUMP AND HAtTL
AGREEMENT FOR THE HALLIE'S COVE
WITNESSETH:
WHEREAS Triple H Development, LLC has assigned its interest in the Agreement to
HLH; and
WHEREAS, the City has not completed the OWI has defined in the Agreement and is
required to provide to pump and haul services for the Property as of January 1, 2019; and
WHEREAS, HLH has agreed to provide the pump and haul services for the Property for
calendar year 2019 provided certain terms of the Agreement related to the continued
development and construction of single family homes within the Property are modified; and
NOW, THEREFORE, in consideration of the foregoing and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereby agree to amend the Agreement as follows-
I . Defined Terms. All capitalized terms not otherwise defined herein shall have
the meaning given to such terms in the Agreement.
2. Service Aueement. As of the Effective Date, HLH has entered into a separate
service agreement with Talco Technologies, LP, a Texas limited partnership DBA Talbert
Quality Carriers, to fulfill the pump and haul services more particularly described in the
Agreement (the "New Service Agreement"). Such New Service Agreement is attached hereto
as Exhibit A and hereby incorporated in the Agreement for all purposes.
4. Developefs Obligation to Provide Pqmp and Haul Services. Developer, at its
sole cost and expense, shall provide pump and haul services to the Property until December
31, 2019. After December 31, 2019, the City, at its sole cost and expense shall be responsible
for pump and haul services to the Property.
5. Ratification of Fiscal Security to Assure Continuation of Pqmp and Haul. The
parties acknowledge and agree that the fiscal security is $144,709.00 which has previously
been deposited with the Escrow Agent.
6. CountMarts. This Amendment may be executed in a number of identical
counterparts. If so executed, each of such counterparts is to be deemed an original for all
purposes, and all such counterparts shall, collectively, constitute one Amendment.
7. Consent to Assigpment of Agreement. City herby consents to the assigninent
of the Agreement to HLH from Triple H Development, LLC.
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4853-0600-1284, v. 5
EXECUTED as of the Effective Date.
City of Schertz,
a Texas municipal corporation
By:
Mark Browne, its City Manager
By:
Harry Hausman, Manager
[to be attached]