25-R-067 Improvement Agreement-Homestead Unit-9RESOLUTION 25-R-067
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AUTHORIZING AN AMENDED
SUBDIVISION IMPROVEMENT AGREEMENT
WITH ILF-N-T OWNER, LP FOR HOMESTEAD
UNIT 9.
WHEREAS, the City and landowner have entered into a Subdivision Improvement
Agreement for Homestead Unit 9 pursuant to City of Schertz Code of Municipal Ordinances
Section 21.4.15 C 2 and F 1 of the City's Unified Development Code to among other things
defer the construction of Sundown Parkway for up to three (3) years after the date of the filing of
the plat for Homestead Subdivision Unit 9; and
WHEREAS, the Subdivision Improvement Agreement was filed for record with the
Guadalupe County Clerk on June 6, 2023 Document # 202399014277; and
WHEREAS, the plat for Homestead Subdivision Unit 9 was filed on June 12, 2023; and
WHEREAS, the landowner has requested that Section 2 e of the Agreement be amended
to allow an additional two (2) years to construct Sundown Parkway and the associated
improvements; and
WHEREAS, the City staff is agreeable to this amendment; and
WHEREAS, the City Council finds that it is in the best interest of the City to enter into
the amended agreement with Developer to defer the construction of Sundown Parkway for an
additional two years.
NOW THEREFORE, 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 the
amendment to the Agreement generally in the form attached subject to approval of minor
changes approved by the City Attorney as shown 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any provision of this Resolution are hereby repealed to the extent of such conflict,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.
PASSED AND ADOPTED, this ITth day L�25.
CITY OF SCHERT TEXAS
Ralp uti a Mayor
A
Sheila Edmondson, City Secretary
Exhibit "A"
Homestead Unit 9 Amendment
FIRST AMENDMENT TO THE IMPROVEMENT AGREEMENT HOMESTEAD
PHASE SUBDIVISION - UNIT 9 - PUBLIC IMPROVEMENTS BETWEEN THE CITY
OF SCHERTZ AND ELF N-T OWNER, LP
This First Amendment to the Improvement Agreement Homestead Phase Subdivision - Unit 9 -
Public Improvements ("Amendment") is entered into to be effective as of _,
by and between the City of Schertz (hereinafter "CITY") a Texas Home Rule municipality and
ILF N-T Owner. LP (hereinafter "DEVELOPER") a Limited Partnership created under the laws
of Texas, collectively, the "PARTIES".
WHEREAS, the City and Developer have entered into a Subdivision Improvement Agreement
("AGREEMENT") pursuant to City of Schertz Code of Municipal Ordinances Section 21.4.15 C
2 and F 1 of the City's Unified Development Code to among other things defer the construction of
Sundown Parkway for up to three (3) years after the date of the filing of the plat for Homestead
Subdivision Unit 9; and,
WHEREAS, the Agreement was filed for record with the Guadalupe County Clerk on June 6,
2023 Document # 202399014277; and
WHEREAS, the plat for Homestead Subdivision Unit 9 was filed on June 12, 2023; and
WHEREAS, the Developer has requested that Section 2 e of the Agreement be amended to allow
an additional two (2) years to construct Sundown Parkway and the associated improvements; and
WHEREAS, the City is agreeable to this amendment,
NOW, THEREFORE, in consideration of the mutual covenants, benefits and agreements
described and contained in this Amendment, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged and further described herein, the Parties
agree as follows:
THE ORIGINAL AGREEMENT BETWEEN THE PARTIES SHALL REMAIN IN FULL
FORCE AND EFFECT EXCEPT AS AMENDED HEREIN.
SECTION 2 e
AMENDED AS FOLLOWS:
e. Owner agrees by June 12, 2028 to complete the construction of the Improvements in
accordance with the Construction Plans and in full compliance with City of Schertz Unified
Development Code Section 21.4.15, which is incorporated by reference herein as though
fully set forth in this Section of this Agreement. For the purpose of clarification, and in no
way limiting Owner's obligations under Section 21.4.15, the Parties agree that full
completion of construction of the Improvements shall not occur until the City accepts the
Improvements in the manner prescribed in Section 21.4.15. D., and Owner provides a
warranty bond which may name the contractor as the principal (to expire twenty-four (24)
months following such acceptance) which shall be exactly twenty percent (20%) of the
total cost of construction of all the Improvements.
ALL TERMS NOT DEFINED IN THIS FIRST AMENDMENT SHALL HAVE THE
MEANING ASCRIBED TO THEM IN THE AGREEMENT. THE REMAINING
PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND
EFFECT. THIS FIRST AMENDMENT MAY BE EXECUTED IN MULTIPLE
COUNTERPARTS, WHICH COLLECTIVELY, WILL BE CONSTRUED AS AN
ORIGINAL.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS FIRST
AMENDMENT TO HOMESTEAD PHASE SUBDIVISION — UNIT 9 — PUBLIC
IMPROVEMENTS ON THE DATE SET FORTH ABOVE.
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EXECUTED in duplicate originals to be effective as of the date of the last signature below.
Signature Pate to First Amendment to Improvement Aureement
DEVELOPER:
ILF N-T OWNER, LP,
a Delaware limited partnership
By: ILF N-T GP, LLC,
a Delaware limited liability company,
its General Partner
By: ILF N-T Holdings, LLC,
a Delaware limited liability company,
its Sole Member
By: FCA Nor -Tex, LLC,
a Delaware limited lability company,
its Administrative Member
By:
Name:
Title: Authorized Signatory
Commonwealth of Massachusetts
County of Suffolk
Before me, the undersigned authority, on this day personally appeared , known
to me to be the Authorized Signatory of FCA Nor -Tex, LLC, Administrative Member of ILF N-T
Holdings, LLC, Sole Member of ILF N-T GP, LLC, General Partner of ILF N-T Owner, LP on
behalf of said limited partnership and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, in the capacity therein stated.
(Personalized Seal) Notary Public's Signature
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Signature Page to
Improvement Agreement
This Improvement Agreement has been executed by the parties as of the dates of the
Acknowledgments to be effective as of the Effective Date.
Cam:
CITY OF SCHERTZ,
a Texas municipal corporation
By:
Name: Steven Williams, its City Manager
Date:
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the day of , 2025 by Steven
Williams, City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf
of said City.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
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