10-028 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 10-028
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER TEXAS, HEREBY APPROVING THE FIRST AMENDMENT
TO THE PREANNEXATION AGREEMENT BETWEEN THE TOWN OF
PROSPER,MAHARD 2003 PARTNERSHIP,MAHARD EGG FARM INC,
AND FOREST CITY PROSPER LIMITED PARTNERSHIP
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The Town Council of the Town of Prosper, Texas, approved the First
Amendment to the Preannexation Agreement between the Town of Prosper, Mahard 2003
Partnership, Mahard Egg Farm Inc, and Forest City Prosper Limited Partnership, as hereto
attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13`h day of April, 2010
Li� ���h f
Ray Smith, Mayor Pro-arm
ATTEST T ol w l t t N�r�®��®
`� tthew D. Denton, Z;MC
Town Secretary
�d ••. •®
After recording return to:
Town Manager
Town of Prosper
121 W.Broadway
Prosper,Texas 75078
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN OF PROSPER §
FIRST AMENDMENT TO
PREANNEXATION AGREEMENT
THIS FIRST AMENDMENT TO PREANNEXATION AGREEMENT (this
"Amendment")is entered into to be effective as of the 31"day of January, 2010, (the "Effective
Date") by and among THE MAHARD 2003 PARTNERSHIP, L.P., a Texas limited partnership,
and MAHARD EGG FARM INC., a Texas corporation (collectively, "Mahard Owner"),
FOREST CITY PROSPER LIMITED PARTNERSHIP, a Texas limited partnership
("Developer"), and the TOWN OF PROSPER, TEXAS, a Texas home rule municipality
("Town"), pursuant to the terms and conditions set forth herein. The parties to this Amendment
are individually referred to herein as a"Eal:ff"and,collectively, as the "Parties".
RECITALS:
A. The Parties have entered into that certain Preannexation Agreement dated
effective as of November 27, 2007 and recorded as Instrument Number 2009-132724 of the Real
Property Records of Denton County, Texas (the"Aueement"), covering certain real property as
more particularly described therein(the"Properties").
B. Pursuant to that certain Special Warranty Deed dated November 30, 2007 and
recorded as Instrument Number 2007-144196 of the Real Property Records of Denton County,
Texas, Mahard Owner conveyed a portion of the Mahard Property consisting of 422 acres (the
"Phase I Property")to Developer.
C. Pursuant to that certain Limited General Warranty deed dated January 23, 2008
and recorded as Instrument Number 2008-9958 of the Real Property Records of Denton County,
Texas, FC Prosper Partner, Inc., a Texas corporation("FC Prosper"), conveyed the FC Prosper
Property (as defined in the Agreement) to Developer (the Phase I Property and the FC Prosper
Property are referred to herein collectively as,the"Developer Property").
D. Developer and Owners have requested an extension of the deadline to donate the
first elementary school site, and the Town has agreed to such extension upon terms more
particularly set forth herein.
E. The Parties now desire to enter into this Amendment to amend certain provisions
of the Agreement.
5736728v.1
AGREEMENT:
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein and other good and valuable consideration,the receipt and sufficiency of which
are hereby acknowledged,the Parties hereby agree as follows:
1. Defined Terms. All terms not defined herein shall have the meaning ascribed to
such terms in the Agreement. All references in the Agreement to "FC Prosper" are hereby
amended to read "Developer", and references to "FC Prosper Property" are hereby amended to
read "Developer Property". The definition of"Mahard Property" is hereby amended to exclude
the Phase I Property, and all references to the "Properties" shall mean the Mahard Property and
the Developer Property. All references to the "Owners" shall mean Mahard Owner and
Developer, in its capacity as owner of the Developer Property.
2. School Area Donation. The deadline for the donation of the first elementary
school site, as set forth in the third sentence of Section 3(e) of the Agreement,is hereby extended
until July 31,2011.
3. Unmodified Terms. By their execution hereof, the Parties acknowledge that the
Agreement is in full force and effect(as specifically modified and amended hereby).
4. Authority to Execute. The individuals executing this Amendment on behalf of the
respective Parties below represent to each other that all appropriate and necessary action has been
taken to authorize the individual who is executing this Amendment to do so for and on behalf of
the Party for which his or her signature appears,that there are no other parties or entities required
to execute this Amendment in order for the same to be an authorized and binding agreement on
the Party for whom the individual is signing this Amendment and that each individual affixing
his or her signature hereto is authorized to do so, and such authorization is valid and effective as
of the Effective Date.
5. Counteroarts. This Amendment may be executed in counterparts, each of which
shall constitute an original and all which taken together shall constitute an original, single
agreement. Signing and sending a counterpart (or a signature page detached from the
counterpart) by facsimile or other electronic means to another party will have the same legal
effect as signing and delivering an original counterpart to the other party. A copy (including a
copy produced by facsimile or other electronic means) of any signature page that has been signed
by or on behalf of a party to this Amendment will be effective as the original signature page for
the purpose of proving such party's agreement to be bound.
5736728v.] 2
r
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the
Effective Date.
MAHARD OWNER:
THE MAHARD 2003 PARTNERSHIP,L.P., a
Texas limited partnership
By: Mahard Pullet Farms,Inc.,a Texas
corporation,its General Partner
By.
Ernest A. Mahard,Jr.,Presid t
MAHARD EGG FARM,INC., a
Texas corporation
By
Ernest A. Mahard,Jr.,Presidik
DEVELOPER:
FOREST CITY PROSPER LIMITED
PARTNERSHIP, a Texas limited partnership
By: FC Prosper Partner, Inc.,a Texas
corporation,its General Partner
By:
David R. Blom, Authorized Agent
5736728v.1 3
TOWN OF PROSPA TEXAS
By: l7
Name.—/0//` <o-, C-40
Title: ,✓/
As a third party beneficiary of subparagraph e of
Paragraph 3 of the Agreement for the purposes
stated therein:
PROSPER INDEPENDENT SCHOOL DISTRICT
.ltv
Name
Title: o4P 5Zr-4o4(s
5736728v.1 4
ACKNOWLEDGEMENTS:
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally appeared Ernest A.
Mahard, Jr., President of Mahard Pullet Farms, Inc., a Texas corporation, General Partner of
Mahard 2003 Partnership, L.P., a Texas limited partnership,known to me to be the person whose
name is subscribed to the foregoing instrument, who acknowledged to me that he executed said
instrument for the purposes and consideration therein expressed.
WITNESS BY HAND AND SEAL this day of ,2010.
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared Ernest A.
Mahard, Jr., President of MAHARD EGG FARM, INC., a Texas corporation,known to me to be
the person whose name is subscribed to the foregoing instrument, who acknowledged to me that
he executed said instrument for the purposes and consideration therein expressed.
WITNESS BY HAND AND SEAL this day of , 2010.
Notary Public in and for the State of Texas
5736728v.1 5
STATE OF §
/J §
COUNTY OF §
BEFORE ME,the undersigned authority,on this day personally appeared David R.Blom,
Authorized Agent of FC Prosper Partner, Inc. a Texas corporation, General Partner of FOREST
CITY PROSPER LIMITED PARTNERSHIP,a Texas limited partnership,known to me to be the
person whose name is subscribed to the foregoing instrument, who acknowledged to me that he
executed said instrument for the purposes and consideration therein expressed.
WITNESS BY HAND AND SEAL this day of ��,eGr/ ,2010.
(10L'801aqu1en0N `+;ti�o`���", x L. CiLCf� llt
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sexal 10 a1ezS uoissiwuac�'aiIgnd,uJMN Notate Pu if-t 'c or the State of Texas
dPVNOH 1 NAdHIVA
STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, on this day personally appeared
FYI/,kC 6wk e4 , known to me to be the person whose name is subscribed to the
foregoing instrument, who acknowledged to me he/she is the duly authorized representative for
the TOWN OF PROSPER, TEXAS and that he/she executed said instrument for the purposes
and consideration therein expressed. ��yy
WITNESS BY HAND AND SEAL this O°-day A1404 �'' ,2010.
MATTHEW D.UNION'
Notary PubBC, i
al Skft of TOM Mary Public in and for the State of Texas
5736728v.1 6
STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be the person whose name is subscribed to the
foregoing instrument, who acknowledged to me he/she is the duly authorized representative for
the PROSPER INDEPENDENT SCHOOL DISTRICT and that he/she executed said instrument
for the purposes and consideration therein expressed.
WITNESS BY HAND AND SEAL this day of ,2010.
Notary Public in and for the State of Texas
5736728v.1 7