24-R-90 Hallies CoveRESOLUTION NO. 24-R-90
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT TO
ALLOW CONSTRUCTION OF A SEWER LINE ACROSS
PUBLIC PARKLAND, IN ADDITION TO DEDICATING RIGHT-
OF-WAY (ROW) FOR A SECONDARY ACCESS FOR
ADDITIONAL DEVELOPMENT IN THE HALLIE'S
COVE SUBDIVISION IN EXCHANGE FOR FUNDING
PUBLIC PARK IMPROVEMENTS AND DEDICATION OF LAND.
WHEREAS, the developer of the Hallie's Cove subdivision needs to construct a sewer
line in addition to secondary access for additional development, and that access is through
existing dedicated parkland; and
WHEREAS, City staff negotiated a public benefit of $5,000 for park improvements for
the sewer line, in addition to the $30,000 for park improvement for the right-of-way (ROW)
needed in the existing parkland; and
WHEREAS, the Parks & Recreation Advisory Board recommended approval of the
amendment at their meeting on July 22, 2024, and recommended approval of the original concept
agreement at their meeting on November 27, 2023; and
WHEREAS, the agreement from 2023 was never executed, and this new agreement
includes all of the obligations and requirements of both parties; and
WHEREAS, the City of Schertz will benefit from the additional public
park improvements that will be funded with this agreement.
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 act on behalf of
the City of Schertz in all matters relating to the above mentioned right-of-way (ROW)
dedication, sewer construction, and funding of park improvements and dedication of land in
approving an agreement generally as per 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
�T
PASSED AND ADOPTED, thin 4
ATTEST:
Shei dmondso , ity ecretary
ay of , 2024. qJ4�—
CITY OF SC ERTZ AS
R p Gutie , Mayor
EXHIBIT A
PARK DEDICATION AGREEMENT
A-1
STATE OF TEXAS §
COUNTY OF GUADALUPE §
PARK DEDICATION AGREEMENT
HALLIE'S COURT — PUBLIC IMPROVEMENTS
This PARK DEDICATION AGREEMENT (the "Agreement") is by and between
(the "Developer") and the CITY OF SCHERTZ, a Texas municipal
corporation (the "City"), and is effective upon the execution of this Agreement by the
Developer and the City (the "Effective Date").
WHEREAS, the Developer is the owner of that certain real property located in the
City of Schertz, Guadalupe County, Texas, more specifically described on Exhibit "A",
attached hereto and made a part hereof for all purposes (the "Pro e "); and,
WHEREAS, the Developer seeks to develop a commercial subdivision on the
Property (the "Subdivision") that requires the construction of certain public improvements
and dedication of parkland; and,
WHEREAS, this Agreement is made solely with respect to the commitments and
assurances set forth and approved by the City of Schertz City Council in Resolution 24-
R-90 on September 3, 2024.
NOW THEREFORE, in consideration of the agreements set forth herein and for
other reciprocal good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged and stipulated by the Parties, the Owner, the Developer and the City
agree as follows:
1. Dedication of Parkland and Easements; Covenants. The Developer and the
City covenant and agree to the following:
a) As a part of the development of the Property, and in addition to all other
development requirements set forth in the Unified Development Code,
Developer covenants and agrees to provide the following, as depicted on
the attached Exhibit A:
dedicate additional parkland from Developer owned
land to enlarge the existing City owned parkland
adjacent to the Property.
ii. Pay $35,000 to be used to construct park
improvements in parkland adjacent to the additional
parkland dedication.
iii. Construct a street, in conformance with City
standards, across the City owned parkland.
iv. Construct a sewer line in conformance with City
standards, across the City owned parkland.
b) As a part of the development of the Property, and in accordance with the
intent expressed in Resolution 23-R-128 on December 5, 2023, and
Resolution 24-R-90 on September 3, 2024, City covenants and agrees to
provide the following, as depicted on the attached Exhibit A:
i. Allow construction of a street in conformance with
City standards across the City owned parkland.
ii. Allow construction of a sewer line in conformance
with City standards across the City owned parkland.
2. Approval of Agreement. The City has approved the execution and delivery
of this Agreement and the Developer represents and warrants that it has taken all necessary
action to authorize its execution and delivery of this Agreement.
3. Governmental Immunity. The City does not waive or relinquish any
immunity or defense on behalf of itself, its officers, employees, Councilmembers, and
agents as a result of the execution of this Agreement and the performance of the covenants
and actions contained herein.
4. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, executors, representatives,
successors, and assigns, and the terms hereof shall run with the Property.
5. Counterparts. This Agreement may be executed in any number of
counterparts with the same effect as if all signatory parties had signed the same document.
All counterparts shall be construed together and shall constitute one and the same
Agreement.
6. Integration. This Agreement is the complete agreement between the parties
as to the subject matter hereof and cannot be varied except by the written agreement of the
Developer and the City. The Developer and the City each agrees that there are no oral
agreements, understandings, representations or warranties which are not expressly set forth
herein.
7. Notices. Any notice or communication required or permitted hereunder
shall be deemed to be delivered three (3) days after such notice is deposited in the United
States mail, postage fully prepaid, registered or certified mail return receipt requested, and
addressed to the intended recipient at the address shown herein. Any address for notice
may be changed by written notice delivered as provided herein. All notices hereunder shall
be in writing and served as follows:
If to the Developer:
Attention: Harry Hausman
If to the City:
CITY OF SCHERTZ
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
8. Legal Construction. If any provision in this Agreement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the bargain
among the parties, such unenforceability will not affect any other provision hereof, and this
Agreement will be construed as if the unenforceable provision had never been a part of this
Agreement. Whenever the context requires, the singular will include the plural and neuter
include the masculine or feminine gender, and vice versa. Article and section headings in
this Agreement are for reference only and are not intended to restrict or define the text of
any section. This Agreement will not be construed more or less favorably between the
parties by reason of authorship or origin of language.
9. Recitals; Exhibits. Any recitals in this Agreement are represented by the
parties hereto to be accurate, constitute a part of the parties' substantive agreement, and are
fully incorporated herein as matters of contract and not mere recitals. Further, any exhibits
to this Agreement are incorporated herein as matters of contract and not mere exhibits.
10. No Joint Venture. It is acknowledged and agreed by the parties that the
terms hereof are not intended to, and shall not be deemed to, create a partnership or joint
venture among the parties.
11. Choice of Law. This Agreement will be construed under the laws of the
State of Texas without regard to choice -of -law rules of any jurisdiction. Venue shall be in
the State District Courts of Guadalupe County, Texas with respect to any lawsuit arising
out of or construing the terms and provisions of this Agreement. No provision of this
Agreement shall constitute consent by suit by any party.
[ Signatures and acknowledgments on the following pages]
Si_unature Pa,e 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.
Developer:
By: - —
Name:
Title:
Date:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of , 2024 by
, the of , on
behalf of said limited liability company_
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
SiLinature 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
II
Name: Steve Williams, City Manager
Date:
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the day of , 2024 by
Steve 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:
EXHIBIT "A"
The Property
[ See attached]
EXHIBIT `B"
Depiction of Improvements, Land Dedication, Street and Sewer
[See attached]
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