2008R16-Crestmark Public Improvement
RESOLUTION NO. 08-R-16
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AND APPROVING TWO
DEVELOPMENT AGREEMENTS IN CONNECTION WITH THE
DEVELOPMENT OF APPROXIMATELY 458 ACRES LOCATED
WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY
OF SCHERTZ, TEXAS, NAMING A MEMBER TO THE BOARD OF
DIRECTORS OF THE CRESTMARK PUBLIC IMPROVEMENT
DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, Crestmark Homes SA, LLC (the "Developer") desires to develop
approximately 458 acres (the "Crestmark Property") to be located within the extraterritorial
jurisdiction of the City of Schertz, Texas (the "City") as a master planned mixed use
development and to finance certain infrastructure for the Crestmark Property through the creation
of a public improvement district (the "Crestmark Pill");
WHEREAS, the City Council (the "City Council") of the City has determined that it is in
the best interest of the City to enter into a City of Schertz Development Agreement (the "Schertz
Development Agreement") with the Developer relating to the Crestmark Property and the
Crestmark Pill;
WHEREAS, the City Council of the City has further determined it is in the best interest
of the City to approve a Development Agreement of which the City will be a third-party
beneficiary (the "County Development Agreement") between Bexar County, Texas and the
Developer relating to the Crestmark Property and the Crestmark Pill; and
WHEREAS, the City is permitted to appoint one member to the Board of Directors of the
Crestmark Pill and desires to appoint John Bierschwale, the Assistant City Manager of the City,
to the Board of Directors; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby approves and authorizes the City Manager to
execute and deliver the Schertz Development Agreement between the City and the Developer in
substantially the form set forth on Exhibit A, with such changes therein as may be recommended
by the City Manager with the advice of the City Attorney.
Section 2. The City Council hereby approves the County Development Agreement
between Bexar County, Texas and the Developer in substantially the form set forth on Exhibit B,
with such changes therein as may be recommended by the City Manager with the advice of the
City Attorney.
Section 3. The City Council hereby approves the Declaration of Covenants,
Conditions and Restrictions for Crest mark Development in substantially the form set forth on
Exhibit C, with such changes therein as may be recommended by the City Manager with the
advice of the City Attorney.
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Section 4. The City Council hereby names John Bierschwale, Assistant City
Manager, to the Board of Directors of the Crestmark Pill;
Section 5. 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 6. 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 7. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 8. 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 9. 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 10. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 15th day of April, 2008.
CITY OF SCHERTZ, TEXAS
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Mayor
ATTEST:
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Ci ' ecretary
(CITY SEAL)
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