R2019-230 2019-09-16Resolution No
R2019-230
Exhibit "A"
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
(EXHIBIT "A" TO RESOLUTION NO. R2019-230)
This First Amendment to Development Agreement ("First Amendment") is entered into
this 16 day of September 2019, by and between the City of Pearland, Texas ("City") and America
Modern Green Development (Houston), LLC, or any successor or assign ("Developer").
WHEREAS, pursuant to Resolution No. R2017-38 approved by the City on February 27,
2017, the City and Developer entered into that certain Development Agreement dated March 15, 2017
("Development Agreement"), regarding the development of certain off-site road and utility
improvements necessary to serve the multi -use development project described therein.
WHEREAS, pursuant to its terms, the Development Agreement expired on March 15, 2019,
and the parties wish to extend the terms of the Development Agreement as provided herein.
NOW, THEREFORE, for and in consideration of the promises and the mutual agreements
set forth herein, the City, and Developer hereby agree as follows:
AGREEMENT
1.1 Article V of the Development Agreement is hereby deleted in its entirety and replaced
with the following:
"This Development Agreement shall be in force for a period of the earlier of (a) the fulfillment
of all obligations of the Developer and the City described herein or (b) 40 years. The term of
this Development Agreement may be renewed for additional 1 -year terms thereafter unless
either party shall give written notice of termination to the other party at least 180 days prior
to the termination of any renewal term."
IN WITNESS WHEREOF, the parties hereto have duly executed this First Amendment pursuant
to all requisite authorizations as of the date first above written.
A 1-1 EST:
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aria Rodriguez
City Secretary
CITY OF PEARLAND,
a homa municip 'ty
y Pe. rs
City Man.:er
City Secretary
APPROVED AS TO FORM:
dM
Darrin M. Coker
City Attorney
AMERICA MODERN GREEN
(HOUSTON) LLC
A Texas limited liability company
By:
Name: Yi I
Tide: Project Manager
Z.
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
FOR ONSITE PUBLIC IMPROVEMENTS
(HXEIIBIT "b" TO RESOLUTION NO. R2019-230)
Resolution No.
R2019-230
Exhibit "B"
This First Amendment to Development Agreement for Onsite Public Improvements ("First
Amendment") is entered into this 16 day of September. 2019, by and between the City of Pearland,
Texas ("City") and America Modern Green Development (Houston), LLC, or any successor or assign
("Developer").
WHEREAS, pursuant to Resolution No. R2017-103 approved by the City on July 10, 2017,
the City and Developer entered into that certain Development Agreement for Onsite Public
Improvements dated July 10, 2017 ("Development Agreement"), regarding the development of
certain off-site road and utility improvements necessary to serve the multi -use development project
described therein.
WHEREAS, pursuant to its terms, the Development Agreement will expire on July 10, 2020,
and the parties wish to extend the terms of the Development Agreement as provided herein.
NOW, THEREFORE, for and in consideration of the promises and the mutual agreements
set forth herein, the City, and Developer hereby agree as follows:
AGREEMENT
1.1 Article V of the Development Agreement is hereby deleted in its entirety and replaced
with the following:
"This Development Agreement shall be in force for a period of the earlier of (a) the fulfillment
of all obligations of the Developer and the City described herein or (b) 40 years. The term of
this Development Agreement may be renewed for additional 1 -year terms thereafter unless
either party shall give written notice of termination to the other party at least 180 days prior
to the termination of any renewal term."
IN WITNESS WHEREOF, the parties hereto have duly executed this First Amendment pursuant
to all requisite authorizations as of the date first above written.
Al 1'rST:
Maria Rodriguez
City Secretary
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:
,
City Secretary
APPROVED AS TOFORM:
°()N
Darrin M. Coker
City Attorney
AMERICA MODERN GREEN
(HOUSTON) LLC
A Texas limited liability company
By:
Name: Yi Dai
Title: Project Manager
RESOLUTION NO. R2019-230
A Resolution of the City Council of the City of Pearland, Texas, approving a
First Amendment to Development Agreements with America Modern Green
Development- ("Modern Green") for construction and maintenance of off-site
and on-site infrastructure/amenities associated with the Ivy District Planned
Development (generally located at the intersection of South Spectrum
Boulevard and the SH 288 frontage road).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That First Amendment to Development Agreement for off-site improvements
by and between the City of Pearland and Modern Green, a copy of which is attached hereto as
Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That First Amendment to Development Agreement for on-site public
improvements by and between the City of Pearland and Modern Green, a copy of which is attached
hereto as Exhibit "B" and made a part hereof for all purposes, is hereby authorized and approved.
Section 3. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest Amended Development Agreements with Modern Green.
PASSED, APPROVED and ADOPTED this the 16th day of September, A.D., 2019.
ATTEST:
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
c}T-\
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution No.
R2019-230
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
FOR ONSITE PUBLIC IMPROVEMENTS
(EXHIBIT "A" TO RESOLUTION NO. R2019-230)
This First Amendment to Development Agreement for Onsite Public Improvements ("First
Amendment") is entered into this 16 day of September, 2019, by and between the City of Pearland,
Texas ("City") and America Modern Green Development (Houston), LLC, or any successor or assign
("Developer").
WHEREAS, pursuant to Resolution No. R2017-103 approved by the City on July 10, 2017,
the City and Developer entered into that certain Development Agreement for Onsite Public
Improvements dated July 10, 2017 ("Development Agreement"), regarding the development of
certain off-site road and utility improvements necessary to serve the multi -use development project
described therein.
WHEREAS, pursuant to its terms, the Development Agreement will expire on July 10, 2020,
and the parties wish to extend the terms of the Development Agreement as provided herein.
NOW, THEREFORE, for and in consideration of the promises and the mutual agreements
set forth herein, the City, and Developer hereby agree as follows:
AGREEMENT
1.1 Article V of the Development Agreement is hereby deleted in its entirety and replaced
with the following:
"This Development Agreement shall be in force for a period of the earlier of (a) the fulfillment
of all obligations of the Developer and the City described herein or (b) 40 years. The term of
this Development Agreement may be renewed for additional 1 -year terms thereafter unless
either party shall give written notice of termination to the other party at least 180 days prior
to the termination of any renewal term."
IN WITNESS WHEREOF, the parties hereto have duly executed this First Amendment pursuant
to all requisite authorizations as of the date first above written.
A 11 EST:
Maria Rodriguez
City Secretary
•
•
City Secretary
APPROVED AS TO FORM:
Darrin M. Coker
City Attorney
2
AMERICA MODERN GREEN
(HOUSTON) LLC
A Texas limited liability company
1
By:
Name: Yi ai
Title: Project Manager