File #: 16-1119    Name: Trinity Falls Agreement Amendments
Type: Agenda Item Status: Approved
In control: City Council Regular Meeting
On agenda: 11/1/2016 Final action: 11/1/2016
Title: Consider/Discuss/Act on a Second Amendment to the 2012 Trinity Falls Development Agreement and a First Amendment to the Amended and Restated Trinity Falls Park Development and Disbursement Agreement
Attachments: 1. 2012 Trinity Falls Development Agrmt., 2. First Amend. to 2012 Trinity Falls Dev. Agrmt., 3. Second Amend. to 2012 Development Agrmt., 4. Amend. & Restated Park Dev. & Disburs. Agrmt., 5. First Amend. to Park Dev and Disburse. Agrmt.
Title
Consider/Discuss/Act on a Second Amendment to the 2012 Trinity Falls Development Agreement and a First Amendment to the Amended and Restated Trinity Falls Park Development and Disbursement Agreement

Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth

MEETING DATE: November 1, 2016

DEPARTMENT: Development Services Division

CONTACT: Michael Quint, Executive Director of Development Services
Mark Hines, PE, Director of Engineering
Danny Kistner, Fire Chief
Barry Shelton, AICP, Assistant City Manager
Mark Houser, City Attorney

RECOMMENDED CITY COUNCIL ACTION:
* Staff recommends approval of the proposed agreement amendments.

ITEM SUMMARY:
* Staff recommends that the City Council approve the following proposed items:

o Second Amendment to the 2012 Trinity Falls Development Agreement

o First Amendment to the Amended and Restated Park Development and Disbursement Agreement

Second Amendment to the 2012 Trinity Falls Development Agreement
* Staff has been working with the new and old Developer of the Trinity Falls MUD for approximately 6 months to clarify and refine several existing provisions within the 2012 Development Agreement and the First Amendment. We were able to reach agreement on several of the provisions but there are two (2) significant provisions that we were unable to agree upon. All of the provisions are discussed in more detail below.

o Third Party Construction Inspection Services

* Currently, infrastructure construction inspections efforts are being duplicated on site. The Developer pays for inspectors to monitor construction and develop reports that can be submitted to the Texas Commission on Environmental Quality (TCEQ) while McKinney's construction inspectors are also inspecting and monitoring construction efforts in accordance with applicable City regulations. The proposed amendments will allow for the City of McKinney to hire new inspectors that will serve only Trinity Falls which should offer ...

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