12-09 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-09
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE MAYOR TO ENTER INTO A SECOND AMENDMENT
PREANNEXATION AGREEMENT WITH THE MAHARD 2003 PARTNERSHIP, L.P.,
MAHARD EGG FARM, INC. AND FOREST CITY PROSPER LIMITED PARTNERSHIP,
AUTHORIZING THE MAYOR TO EXECUTE THE SAME.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town of Prosper, Texas, hereby grants a second amendment
Preannexation Agreement between the Town of Prosper and The Mahard 2003
Partnership, L.P., Mahard Egg Farm, Inc. and Forest City Limited Partnership.
SECTION 2: The Mayor of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, a second
amendment Preannexation Agreement between Town of Prosper and The Mahard 2003
Partnership, L.P., Mahard Egg Farm, Inc. and Forest City Prosper Limited Partnership.
SECTION 3: This Resolution shall take effect on February 14, 2012
RESOLVED THIS THE 14th day of February, 2012 by vote of 5 to 0 .
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Ray Smith, �/layor
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After recording return to:
Town Manager
Town of Prosper o
121 W. Broadway = 1 ` ¢ "
Prosper,Texas 75078
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN OF PROSPER §
SECOND AMENDMENT TO
PREANNEXATION AGREEMENT,
THIS SECOND AMENDMENT TO PREANN RATION AGR EMENT (this
"Amendment") is entered into to be effective as of the i Wl'- day of , 20-Z�-
(the "Effective Date") by and among THE MAHARD 2003 PARTNERSHIP, L. ., 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"Party" 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 (as amended, the "Agreement"), covering certain
real property as more particularly described therein (the "Properties").
B. Pursuant to that certain First Amendment to Preannexation Agreement dated
effective as of January 31, 2010, the Parties extended of the deadline to donate the first
elementary school site to July 31, 2011.
C. Developer and Owners have requested an extension of the deadlines to (a) donate
the first elementary school site, (b) dedicate the Community Park and (c) make the Community
Park Grant; the Town has agreed to such extensions upon terms more particularly set forth
herein.
D. The Parties now desire to enter into this Amendment to amend certain provisions
of the Agreement.
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:
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I. Defined Terms. All terms not defined herein shall have the meaning ascribed to
such terms in the Agreement.
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 November 30, 2012.
3. Community Park Dedication. The first sentence of Section 9(b)(iii) of the
Agreement is hereby amendment and restated as follows:
The Community Park shall be dedicated to the Town upon the
earlier of(A) December 13, 2012, (B) within ninety (90) calendar
days of receiving a written request by the Town for such
dedication; or (C) at the time the adjacent streets are dedicated to
the Town provided Developer owns the land identified as the
Community Park; provided, however, the Parties agree that the
Community Park dedication shall be in cooperation with and
furtherance of the Town's overall park grant efforts.
4. Community Park Grant. The Agreement is hereby amendment by deleting the
phrase "three (3) years from the Effective Date," from the first sentence of Section 9(b)(iv) and
replacing it with "December 13, 2012,".
5. Unmodified Terms. By their execution hereof, the Parties acknowledge that the
Agreement is in full force and effect (as specifically modified and amended hereby).
6. 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.
7. Counterparts. 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.
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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., President
MAHARD EGG FARM, INC., a
Texas corporation
Ernest A. Mahard, Jr., President
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
7819066v.1 3
TOWN OF PROSPER, TEXAS
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By4
Name: 1l�'(,Lf
Title: YM �,,
As a third party beneficiary of subparagraph e of
Paragraph 3 of the Agreement for the purposes
stated therein:
PROSPER INDEPENDENT SCHOOL DISTRICT
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Title:
7819066v.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 f� day of �,,.� . 20 J:�—•
S BAXTER OFMARGO
OTARY PUBLIC ,State of Texas Notary Publfc in and for the State of Texas
STATE OF TEXAS §
COUNTY OF 4 ✓ §
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 �1;& day of
r(e: CMAR!60 S
ormn.NOTARY PUBLIC
state m Texas Notary Public idand for the State of Texas
Exp.09122/2014
7819066v.1 5
STATE OF
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 lyd day of% - i',<<ve�_/ , 20 .
1 r"
KATHRYN L HONAKER
Notary Public,State of Texas i ✓ L �f� ed(! -"`�- 2
My commission Expires i� 1 '
November 09, 2015 No�ary P�u iclm and for the State of Texas
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
fore ng instrument, who acknowledged to me he/she is the duly authorized representative for
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the ON OF PROSPER, TEXAS and that he/she executed said instrument for the purposes
and consideration therein expressed.
WITNESS BY HAND AND SEAL this may of �J�J /f� �, 20�
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7819066v.1
STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, on this day personally appeared
i 11,1el .'ej , 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 Jny day of ��Yl�%.?�`` , 201x,
Notary Public in and for the State of Texas
=�
PAMELA WEBB
_ MY COMMISSION EXPIRES
July 17,2013
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