Contract - LSDB Round Rock 118, LLC - 4/13/2023 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF ROUND ROCK, TEXAS
AND
LSBD ROUND ROCK 118,LLC
This FIRST AMENDMENT TO DEVE*hme
NT AGREEMENT ("First Amendment")
is made and entered into this -k'� day of 2023, by and between CITY OF
ROUND ROCK, TEXAS (the "City"), a Texarule municipal corporation, with offices
located at 221 East Main Street,Round Rock,Texas 78664,and LSBD ROUND ROCK 118,LLC,
a Minnesota Limited Liability Company ("Developer"), with offices located at 1959 Sloan Place,
Suite 100, Saint Paul, Minnesota 55117.
RECITALS
WHEREAS, the City and the Developer previously entered into a Development
Agreement on July 14, 2022, by Resolution No. R-2022-232(the "Agreement"), regarding a
development for affordable multi-family housing to be located at 1425 CR 118, Hutto, Texas
within the City's extra-territorial jurisdiction("Project"); and
WHEREAS,the Parties desire to amend the Developer's obligations regarding the Project
as set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein
contained, the Parties agree as follows:
I.
Article I Section 3 of the Ap-reement is hereby amended to read as follows:
3. Developer's Obligations. The Developer, in consideration for the City's approval as
stated above, agrees to the following:
(a) The Developer, its successors and assigns, hereby agree to forego any vesting
claims that could be made pursuant to Chapter 245 of the Texas Local Government
Code and agree to develop the Project pursuant to current MF-2 (Multifamily-
medium density) District zoning regulations, including: (1) the ground floor of all
buildings shall be a minimum of seventy-five percent (75%) natural stone,
simulated stone, or brick; (ii) a minimum of two (2) different materials shall be
used on each structure, and each material used shall comprise no less than twenty
percent (20%) of the exterior finish wall; (iii) no more than thirty three percent
(33%)of the building fagade may be fiber cement siding or architecturally finished
steel or metal; (v) roofing materials shall consist of twenty-five (25)-year
architectural dimension shingles, tile (clay, cement, natural or simulated stone),
non-reflective prefinished metal,or reflective metal such as copper or other similar
metals as approved by the zoning administrator.
4874-2973-1668/ss2
CZ-20&3- lbw
(b) Notwithstanding the foregoing the following deviations from the MF-2
(Multifamily-medium density) District zoning regulations and other applicable
sections of the City's Zoning and Development Code shall be permitted:
a Parking shall be permitted in the front street yard.
b Parallel parking bays in the street yard shall not be required to have trees in the
interrupting islands or end islands.
c The parking_landscaping buffer required by Section 8-10(g) of the Zoning and
Development Code shall be required along the County Road 118 right-of-way
and shall include a minimum of 50% more large trees 50% more small trees,
and 25% more shrubs than stated in Section 8-10(g) of the Code. These
plantings shall be located within a minimum eight (8)-foot wide landscape
easement dedicated by plat immediately adjacent to the western and southern
rights-of-way.
d The standard ten (10)-foot public utility easement (PUE) shall be located
a_diacent to and interior of the landscape easement and shall be depicted on the
plat Parking spaces drive aisles and other hardscape features are permitted in
the PUE Any structure including but not limited to the community sign,
detached garages dumpster enclosures and storage or maintenance buildings
are not permitted in the PUE.
e The minimum building setback along the eastern property line shall be five(5)
feet.
(c) The Developer agrees to provide the City with a site plan and building elevations
prior to construction.
(d) The Developer, its successors and assigns, agree to not pursue any tax exemptions
or abatements for the Project.
`) The Developer agrees to pay any required impact fees, as provided in the Round
Rock Code of Ordinances.
`f) The Developer agrees to pay any required parkland dedication fees, as provided in
the Round Rock Code or Ordinances.
II.
All other terms and conditions of the Agreement that are not modified by this First
Amendment remain in full force and effect.
[Signatures on the following page.]
2.
IN WITNESS WHEREOF, the Parties have executed and attested this First Amendment
by their duly authorized officers.
DEVELOPER:
LSBD ROUND ROCK 118, LLC
By:
Its: i
CITY:
ROUND ROCK,TEXAS
By: A M
Craig ran, ror
ATTEST:
r
Meagan Spi , Ci Clerk
Approved as to Form:
By:
Stephanie L. Sandre, City Attorney
3.