22-R-121 Pump and Haul Meritage HomesRESOLUTION 22 -R -121
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH THE
DEVELOPER OF THE CARMEL RANCH SUBDIVISION PROJECT
FOR SEWER PUMP AND HAUL.
WHEREAS, there not sewer service in the vicinity to serve an area of southern Schertz.
WHEREAS, another developer has submitted plans to construct a sewer lift station with
capacity to serve Carmel Ranch,
WHEREAS, the Developer of the Carmel Ranch Subdivision agrees to provide pump
and haul services for sewer until connection to sewer services,
WHEREAS, there is a benefit in not having two developers constructing lift station in
this area,
WHEREAS, the City Council finds that it is in the best interest of the City to enter into
the Agreement with Developer for Pump and Haul services for Carmel Ranch.
WHEREAS the Unified Development Code of the City of Schertz provides for
developers to enter into agreements to defer the construction of required improvements until
after the plat is filed.
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
agreement for Pump and Haul Services for Carmel Ranch with Meritage Homes of Texas, LLC.
generally in the form attached as Exhibit "A ", 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 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 25th day of October 2022.
CITY OF SCHERTZ, TEXAS
Ralph,qtierre4hayor
ATTEST:
Sheila Edmondson, Interim City Secreta
Exhibit "A"
WASTEWATER PUMP AND HAUL AGREEMENT FOR CARMEL RANCH
This Pump and Haul Agreement (this "A ,-r.reement ") is made and entered into as of the day
of, 2022 (the "Effective Date ") by and between the CITY OF SCHERTZ, TEXAS,
a Texas home rule municipal corporation (" 1y "), and MERITAGE HOMES OF TEXAS, LLC.
or its successors and assigns ( "Developer'). City and Developer are sometimes referred to herein
as the "Parties."
RECITALS:
Whereas, Developer is the owner of certain real property, which is more particularly
described herein on Exhibit "A" attached hereto and made a part hereof (the "Pro e "), and,
which is located within the Sewer CCN and the (city limits) of the City; and
Whereas, Developer desires to develop the Property as a residential subdivision known as
Carmel Ranch (the "Project "); and
Whereas, the offsite wastewater infrastructure necessary to collect and treat the Development
(OWI) is not completed; and
Whereas, Construction and acceptance of OWI is required by the Unified Development Code
of the City of Schertz in order to record the plats for the "Development "; and
Whereas, Developer desires to allow up to 20 residential homes and 1 model home to be
constructed and be eligible to obtain certificates of occupancy while the aforementioned OWI is
being completed; and
Whereas, Before the OWI is completed Developer is requesting to use a licensed contractor
to "pump and haul" the wastewater from the Development; and
Whereas, Developer will be responsible for onsite wastewater infrastructure in the
Development until the City accepts it; and
Whereas, Developer and City also desire to memorialize certain terms with respect to the
testing on onsite wastewater infrastructure and operation of pump and haul service from the
Development; and
Whereas, Developer agrees to enter into a contract with a company licensed to provide pump
and haul services; and
Whereas, Developer and City have contemporaneously herewith also executed an Escrow
Agreement associated with pump and haul service from the Development; and
Whereas, City is amenable to the proposed interim solution as long as Developer provides
financial security guaranteeing the continuity of pump and haul services until connection to the
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"OWI" is completed and accepted by City for public maintenance;
NOW, THEREFORE, in consideration of the mutual promises contained herein along with other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and
confessed, the parties hereto agree as follows:
Article I. Terms
1. Term. This Agreement shall be effective on the Effective Date. The term of this
Agreement shall be from the Effective Date until the Project is connected to the OWI and the
"pump and haul" service is on longer necessary.
2. Testing of Onsite Wastewater Infrastructure. All onsite wastewater infrastructure
will be pressure tested prior to plat recordation. In the event additional dry utility work is
completed after construction of wastewater collection system within the Project, the onsite
wastewater infrastructure, including lateral service lines will be tested again and any necessary
repairs will be made prior to the issuance of any certificates of occupancy by City.
3. Collection Tanks. Prior to completion of connection to the OWI, Developer will
install adequate facilities for the collection of onsite wastewater, which shall serve the first 20
single family main structures ( "houses ") and 1 model home to be constructed on separate lots
within the Project. Developer shall be responsible for the maintenance, operation and removal,
and disposal, of the collection facilities and pumping system during the term of this Agreement.
Although permission to "Pump and Hall" shall expire as provided in Article I. Section 1, above,
Developer's obligation to safely remove and dispose of the collection facilities and pumping
system, shall survive the expiration of this Agreement, until the collection tanks and pumping
system are safely removed.
4. Alarm System . Developer will install an alarm system to monitor the wastewater
collection system within sixty (60) days after the recordation of the plat for the Project.
5. Monitoring/Pumping . Developer or its contractor shall monitor the level of the
wastewater collection tank(s) on at least a weekly basis and will pump the tank(s) at least weekly
or prior to them reaching 75 percent capacity, whichever is more frequent. The monitoring and
pumping frequency may by be required to be increased, at the sole discretion of the City Engineer,
as warranted by increased flow.
6. Maintenance of Onsite Water S%,stem. Developer will maintain the onsite
wastewater system within the Project until the Term of this Agreement has expired.
Article II. Building Permits and Certificates of Occupancy
1. Issuance of Building Permits and Certificates of Occupancy. The issuance of any building
permit or certificate of occupancy for any improvement within the Project area prior to completion
of connection to the OWI, subject to the terms and conditions that follow:
(a) Inspections. All facilities necessary to provide pump and haul service to the lot for which
a building permit or a certificate of occupancy is to, be issued have been completed and
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passed inspection by City, and wastewater service by pump and haul under this Agreement
is otherwise available to the lot.
(b) Fiscal Security to Assure Continuation of Pump and Haul. Fiscal security shall be
provided and maintained in accordance with the Escrow Agreement a copy of which is
attached hereto as Exhibit C. Developer has estimated the cost to use the Pump and Haul
contractor until the OWI is completed will not exceed $XXX,000.00, and such amount
shall be deposited with the Escrow Agreement. Upon the reasonable determination by City
that additional fiscal security must be deposited with the Escrow Agent; Developer shall
promptly deposit the required amount with the Escrow Agent.
(c) Compliance with Agreement. Developer shall at all times during its term remain in
compliance with all material terms and conditions of this Agreement.
(d) Compliance with Development and Building Regulations. Except as expressly provided
herein, this Agreement in no way negates or diminishes the regulatory requirements, which
must be addressed for the approval of subdivision plats, or issuance of a building permit,
or certificate of occupancy, as set forth in applicable local state, or federal regulations have
been met.
(e) This Agreement is not effective until Developer demonstrates to the City that the Developer
has a current contract with a pump and haul provider that meets the requirements of this
Agreement.
(f) Until the OWI is completed an accepted, the City will issue no more than 21 building
permits for lots within the Project.
2. Suspension on Issuance of Permits. In the event that at anytime the conditions in Sectionl
of this Article, or any other provision of this Agreement are not met, it is specifically agreed that
City may suspend development approvals for the Project, and may suspend the issuance of
building permits and certificates of occupancy for the Subdivision until Developer comes into
compliance with this Agreement.
Article III. Pump and Haul Services
1. Service Provided. In consideration for the City authorizing the issuance of building permits
and certificates of occupancy as provided herein, the Developer, at its sole cost and expense, shall
cause wastewater from the Project to be pumped and hauled and disposed of in a manner that is
compliant with applicable local, state, and federal regulations, and that does not result in any spills,
leaks, or detriment to the public health, safety or welfare. The pump and haul shall continue until
such time that connection to the OWI is completed and accepted by City for service and
maintenance. The Developer shall at all times, during the term of this Agreement, maintain all
facilities related to the pump and haul service in good repair and working condition and all
wastewater effluent in compliance with applicable law. The Developer shall promptly report any
spills or leaks to the City. The Developer shall cooperate with the City to provide any information
to and file any reports with the Texas Commission on Environmental Quality (the TCEQ) as
required by law; and shall promptly, sooner than 30 days after demand, reimburse the City for any
expenses the City may incur under this Agreement.
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2. Pump and Haul Provider. The Developer shall contract with a reputable company that
holds all licenses required by the "TCEO" to pump and haul wastewater from the Project area and
to maintain all pump and haul facilities, including wastewater manholes, pumps, piping, tanks,
secondary containment, alarm systems, and any other appurtenances as shown on approved
Construction Plans, in good repair and working condition. Immediately upon completion of pump
and haul operation Developer is required to clear and restore the site of the pump and storage
system.
3. Pump and Haul Operations. Prior to starting the pump and haul operation the Pump and
Haul Operator and Developer must comply with the following:
(a) Plans. Texas Licensed Professional Engineer must provide certification to the City
Engineer that the wastewater collection, storage, pumping, and alarm systems have been
tested as required in 30 TAC 213.5(c)(3)(A) and (D) and City requirements. The plans shall
include, but not be limited to:
(i) All weather access road to final collection site;
(ii) Secondary containment provision;
(iii)Pump specifications
(iv)Alarm system specifications.
(b) Installation of a watertight wet well/holding tank as per TCEQ requirements.
No discharge shall be allowed until installation of the tank, pump, and
monitoring /alarm system is complete and verified by Developer's engineer.
4. Insurance. The Pump and Haul Provider shall maintain worker comp insurance in at least
the minimum coverage required by statute; liability insurance covering death, injury or property
loss with a minimum coverage amount of $100,000.00 per occurrence unless the Pump and Haul
Provider is the San Antonio River Authority.
5. Contact information. Developer shall maintain with the City at all times the company's
current contact information and designated representatives who are available twenty -four hours a
day to respond to complaints or issues related to wastewater disposal.
6. Records. The Developer shall cause the company to maintain complete records of the
pump and haul service provided, and the Developer shall maintain with the City a copy of any
reports required by applicable state and federal regulations, related to providing pump and haul
services. Specifically Developer shall provide reports as follows:
(a) A monthly report of the pump- and -haul operation shall be provided to the City by the 10th
day of each following month. The report must include the following:
(i) The volume of wastewater pumped each day
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(ii) The total volume of wastewater pumped each month
(iii)Verification of proper disposal
(b) A final report totaling the items above is due within 10 days of the final inspection.
7. Transition of Services. The City and Developer shall reasonably cooperate to smoothly
transition wastewater service from the Developer to the City upon connection to the OWI.
Article IV. Wastewater Service to be provided by City
1. The Parties agree that upon final acceptance of the connection to the OWI by the City and
placement of the Wastewater Infrastructure into service, the City will provide wastewater utility
service to all customers within the Subdivision on same terms and conditions as similarly situated
customers and property.
Article V. Insurance and Indemnification
1. Insurance. If the Pump and Haul provider is a party other than the San Antonio River
Authority, the company selected by Developer to provide pump and haul services under this
Agreement shall procure and maintain at its sole cost and expense for the duration of this
Agreement insurance against claims for injuries to persons or damages to property that may arise
from or in connection with the performance of the services as required by this Agreement. The
Developer shall procure and maintain at its sole cost and expense for the duration of this
Agreement insurance against claims for injuries to persons or damages to property that may arise
from or in connection with the performance of the services as required by this Agreement. All
Certificates of Insurance and endorsements shall be furnished to the City's at the time of execution
of this Agreement.
(a) Insurance policies required:
(i) General Commercial Liability Coverage — Minimum of $1,000,000.00 per
occurrence for bodily injury and property damage; $2,000,000.00 aggregate.
(ii) Business Automobile Liability Coverage. — Minimum Combined Single Limit of
$1,000,000.00 per occurrence for bodily injury and property damage.
(iii) Umbrella/Excess Liability Coverage -- Minimum of not less than $1,000,000.00.
(b) General Requirements Applicable to Policies.
(i) Only insurance carriers licensed and admitted to do business in the State of Texas
will be accepted.
(ii) Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled, reduced in coverage or in limits except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been
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given to the City of Schertz, Texas.
(iii) Upon request, certified copies of all insurance policies shall be furnished to the
City of Schertz, Texas.
(iv) The City of Schertz, Texas, its officials, employees, and volunteers, are to be added
as "Additional Insured" to the General Commercial Liability Policy and the
Umbrella/Excess Liability Policy. The coverage shall contain no special limitations
on the scope of protection afforded to the City, its officials, employees, or
volunteers.
(v) Each insurance policy shall comply with such other requirements as set forth in
Exhibit "D" (entitled "Requirements For All Insurance Documents ".
2. Developer acknowledges and agrees that City is providing this Agreement as an
accommodation to Developer so that Developer may receive building permits and certificate of
occupancies before the OWI is complete; and, therefore, as part of the consideration offered to
City for its agreement to allow the pump and hall activities authorized hereunder, is Developer's
promise and agreement, after consultation with its attorney, to the provisions that follow:
DEVELOPER, SHALL ON BEHALF OF ITSELF ITS, SUCCESSORS, ASSIGNS,
EMPLOYEES, OR AGENTS, INCLUDING BUT NOT LIMITED TO ANY PUMP AND
HAUL CONTRACTOR ENGAGED BY OR FOR DEVELOPER, (COLLECTIVELY
"DEVELOPER "), IN THE EXECUTION OR PERFORMANCE OF ITS RIGHTS,
DUTIES,. OBLIGATIONS, ACTS OR OMISSIONS UNDER THIS WASTEWATER
PUMP AND HAUL AGREEMENT FOR THE HALLIE'S COVE SUBDIVISION
UNITS 1 AND 2 (THE "AGREEMENT ") SHALL DEFEND, INDEMNIFY AND HOLD
HARMLESS THE CITY AND ITS ELECTED OFFICIALS, AGENTS, OFFICERS
AND EMPLOYEES (COLLECTIVELY, THE "CITY INDEMNITEES") FROM AND
AGAINST ANY AND ALL DEMANDS, LOSSES, JUDGMENTS, DAMAGES, SUITS,
CLAIMS, ACTIONS, LIABILITIES AND EXPENSES, INCLUDING, WITHOUT
LIMITATION, ALL ATTORNEYS' FEES AND EXPENSES, IN LAW OR IN EQUITY,
OF EVERY HIND AND NATURE WHATSOEVER, FOR BODILY INJURY, DEATH
OR DAMAGE TO PROPERTY, WHICH ANY CITY INDEMNITEES MAY SUFFER
OR SUSTAIN OR WHICH MAY BE ASSERTED OR INSTITUTED AGAINST ANY
OF THE CITY INDEMNITEES RESULTING FROM, ARISING OUT OF OR IN
CONNECTION WITH INJURY TO OR DEATH TO ANY INDIVIDUAL PERSON OR
DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY DEVELOPER'S
INTENTIONAL, RECKLESS, GROSSLY NEGLIGENT OR NEGLIGENT ACTS OR
OMISSION UNDER THE AGREEMENT OR UNDER COLOR OF THE
AGREEMENT, INCLUDING WITHOUT LIMITATION:
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(i) THE BREACH BY DEVELOPER OF ANY WARRANTY,
REPRESENTATION OR COVENANT MADE IN THE AGREEMENT, OR
(ii) THE VIOLATION OF ANY STATUTE, ADMINISTRATIVE RULE OR
REGULATION BY DEVELOPER, WHICH CAUSES ANY REGULATORY
AUTHORITY OF THIS STATE, OR A SUBDIVISION OF THIS STATE, OR
THE FEDERAL GOVERNMENT, TO ASSESS A FINE OR TAKE OTHER
ACTION ADVERSE TO THE CITY.
DEVELOPER FURTHER EXPRESSLY AGREES THIS INDEMNITY AND HOLD
HARMLESS PROVISION SHALL EXTEND TO PROTECT THE CITY
INDEMNITIES FROM CITY INDEMNITIES' OWN NEGLIGENCE IN THE
PERFORMANCE OF THEIR RIGHTS, DUTIES, OBLIGATIONS, ACTS OR
OMISSIONS UNDER THIS AGREEMENT AND THAT THESE INDEMNITY AND
HOLD HARMLESS PROVISION SHALL ONLY BE LIMITED TO THE EXTENT
THE CITY INDEMNITIES' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT
IS THE SOLE CAUSE OF ANY INJURY TO OR DEATH OF ANY INDIVIDUAL
PERSON OR ANY DAMAGE TO OR DESTRUCTION OF PROPERTY, BUT NOT
OTHERWISE. DEVELOPER FURTHER EXPRESSLY AGREES THIS INDEMNIFY
AND HOLD HARMLESS PROVISION SHALL SURVIVE AND CONTINUE TO BE
IN FULL FORCE AND EFFECT FOR FOUR YEARS FROM THE DATE OF
TERMINATION OF THE AGREEMENT.
3. Enforcement Actions. In the event that the EPA or the TCEQ issues any form or order or
penalty for violations of applicable law resulting from the pump and haul services provided under
this Agreement, the Developer shall be responsible for payment of said penalties within the time
required under the order or applicable law.
Article VI. Notice of Agreement
1. Notice of Agreement and Pump and Haul Services. Developer shall record a memorandum
of this agreement in the Official Public Records of Bexar County, Texas that places prospective
property owners on notice that wastewater service may be provided by pump and haul service. The
Developer shall further give written notice to purchasers of lots within the Project that wastewater
service will be provided by pump and haul until completion of the Wastewater Infrastructure and
shall cause anyone who purchases lots within the Project to give such notice to subsequent
purchasers.
Article VII. Default and Related Provisions
1. Default. If one Party believes that the other Party is in Default (herein so called) of any
other provision of this Agreement, the non - defaulting Party will give written notice to the other
Party, specifying the event of Default and extending the defaulting Party 30 days to cure the
Default or, if the curative action cannot reasonably be completed within 30 days, 30 days to
commence the curative action and thereafter to diligently pursue the curative action to
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completion. This 30 -day period for notice and opportunity to cure must pass before the non -
defaulting Party may initiate any remedies available to the non - defaulting Party due to an alleged
Default. The non - defaulting Party must mitigate any direct or consequential damages arising from
any Default to the extent reasonably possible under the circumstances. The Parties agree that they
will use good faith, reasonable efforts to resolve any dispute by agreement, including engaging in
non - binding mediation or other alternative dispute resolution methods as recommended by the
laws of the State of Texas, before initiating any lawsuit to enforce their respective rights under this
Agreement. If the Default is not cured within the 30 -day period, or if curative action is not
commenced or diligently pursued in the case of curative action that cannot reasonably be
completed in 30 days, the non - defaulting Party may pursue all remedies, at law or in equity, that
it deems appropriate to redress such Default. Either Party may seek specific performance or
mandamus to enforce the terms of this Agreement.
Article VIII. Miscellaneous
The following miscellaneous provisions are made part of this Agreement:
1. Additional Instruments. City and Developer agree and covenant to cooperate, negotiate in
good faith, and to execute such other and further instruments and documents as may be reasonably
required to fulfill the public purposes provided for and included within this Agreement.
2. Amendments. This Agreement constitutes the entire understanding and agreement of the
parties as to the matters set forth in this Agreement. No alteration of or amendment to this
Agreement shall be effective unless given in writing and signed by the party or parties sought to
be charged or bound by the alteration or amendment.
3. Applicable Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, and all obligations of the parties created hereunder
are performable in Bexar County, Texas. Venue for any action arising under this Agreement shall
lie in the state district courts of Bexar County, Texas.
4. Assignment. Developer understands and agrees that the City expressly prohibits Developer
from selling, transferring, assigning or conveying in any way any rights to receive under this
Agreement without the City's prior written consent.
5. Binding Obligation. This Agreement shall become a binding obligation on the signatories
upon execution by all signatories hereto. The City warrants and represents that the individual
executing this Agreement on behalf of the City has full authority to execute this Agreement and
bind the City to the same. Developer warrants and represents that the individual executing this
Agreement on its behalf has full authority to execute this Agreement and bind it to the same.
6. Counterparts. This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original and all of which shall constitute one and the same document.
7. Legal Construction. The Parties acknowledge that the Parties and their counsel have
100276459 4}
reviewed and revised the Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation
of the Agreement.
Enforcement. The City Attorney or his or her designee may enforce all legal rights and
obligations under this Agreement without further authorization. Developer shall provide to the
City Attorney all documents and records that the City Attorney requests to assist in determining
Developer's compliance with this Agreement.
9. Entire Agreement. This Agreement, along with the Escrow Agreement, contains the entire
agreement between the parties. This Agreement may only be amended, altered or revoked by
written instrument signed by the City and Developer.
10. Exhibits and Attachments. All Exhibits and Attachments referenced in this Agreement are
attached hereto and incorporated herein for all purposes.
11. Force Majeure. It is expressly understood and agreed by the parties to this Agreement that
if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts
of God, inclement weather, fire or other casualty, or court injunction, inability to obtain labor or
materials or reasonable substitutes therefore, governmental restrictions, governmental regulations,
governmental controls, governmental action, delay in issuance of permits or approvals (including,
without limitation, fire marshal approvals), enemy or hostile governmental action, civil
commotion, fire or other casualty, and other causes beyond the reasonable control of the obligated
parry and delays caused by the other party, the party so obligated or permitted shall be excused
from doing or performing the same during such period of delay, so that the time period applicable
to such obligation or requirement shall be extended for a period of time equal to the period such
parry was delayed.
12. Immunities and defenses.
a) It is expressly understood and agreed by all Parties hereto that in the exercise of their rights,
and the performance of their obligations, hereunder, Developers at no time will be acting
as agents of the City and that all consultants or contractors engaged by Developers
respectively will be independent contractors of the Developers; and nothing contained in
this Agreement is intended by the Parties to create a partnership or joint venture between
the Parties and any implication to the contrary is hereby expressly disavowed. The Parties
hereto understand and agree that City will not be liable for any claims that may be asserted
by any third party occurring in connection with the pump and hall services performed by,
or on behalf of Developer under this Agreement.
b) By entering into this Agreement, the PARTIES do not waive, and shall not be deemed to
have waived, any rights, immunities, or defenses either may have, including the defense of
parties, and nothing contained herein shall ever be construed as a waiver of sovereign,
statutory or official immunity by the CITY with such rights being expressly reserved to the
fullest extent authorized by law and to the same extent which existed prior to the execution
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hereof.
c) No employee of City, or any councilmember or agent of City, shall be personally
responsible for any liability arising under or growing out of this Agreement.
13. Mutual Assistance. City and Developer will do all things reasonably necessary or
appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other
in carrying out such terms and provisions.
14. Notices. Any notice, statement and/or communication required and/or permitted to be
delivered hereunder shall be in writing and shall be mailed by first -class mail, postage prepaid, or
delivered by hand, by messenger, by facsimile, or by reputable overnight carrier, and shall be
deemed delivered when received at the addresses of the Parties set forth below, or at such other
address furnished in writing to the other Parties thereto:
DEVELOPER: Meritage Homes of Texas, LLC
2722 W. Bitters, Road, Suite 200
San Antonio, Texas 78248
Attention: Brian Otto
CITY: City of Schertz, Texas
1400 Schertz Parkway
Schertz, Texas 78154
Attention: City Manager
WITH COPY TO: Denton Navarro Rocha Bernal & Zech, P.C.
2517 N. Main Avenue
San Antonio, Texas 78212
Attention: T. Daniel Santee
15. Ordinance Applicability. The signatories hereto shall be subject to all ordinances of the
City, whether now existing or in the future arising provided however no ordinance shall reduce or
diminish the contractual obligations contained herein. This Agreement shall confer no vested
rights on the Project unless specifically enumerated herein.
16. Severability. In the event any provision of this Agreement is illegal, invalid, or
unenforceable under the present or future laws, then, and in that event, it is the intention of the
Parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the
intention of the Parties to this Agreement that in lieu of each clause or provision that is found to
be illegal, invalid, or unenforceable a provision be added to this Agreement which is legal, valid
and enforceability and is a similar in terms as possible to the provision found to be illegal, invalid
or unenforceable.
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17. Survival of Covenants. Any of the representations, warranties, covenants, and obligations
of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time
following the termination of this Agreement shall survive termination.
[Signature pages to follow]
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Owner:
MERITAGE HOMES OF TEXAS, LLC,
a Texas limited liability company
By:
Name:
Title:
Date:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of , 2022 by
,the of Meritage Homes of Texas, LLC, a Texas
limited liability company, on behalf of said limited liability company.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:. _ _ _
{00276459 41
Cam:
CITY OF SCHERTZ,
a Texas municipal corporation
Name: Dr. Mark Browne, City Manager
Date:
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of , 2022 by Dr. Mark
Browne, 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:
{00276459 41
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