Title
Consider approving Resolution No. 2022-100 authorizing the First Amendment to the Amended and Restated Master Development Agreement with CADG Mercer Crossing Holdings LLC; and take appropriate action.
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BACKGROUND:
A development agreement (approved in 2017, and subsequently amended in 2019, 2020, and 2022) exists between CADG Mercer Crossing Holdings LLC and the City of Farmers Branch, providing for completion of certain development performance obligations by the developer, prior to issuance of a certain number of single-family residential building permits within Mercer Crossing Neighborhoods or Planned Development No. 99 (PD-99) zoning district. The last amendment was approved by the City Council on February 15, 2022 which allowed the applicant certain delays in the performance obligations. Most of the stated obligations have been fulfilled and the remaining items listed below have been afforded a 6 week extension due to a force majeure claim related to confirmed delays with Oncor:
1. Completion of construction of three restaurants within Boardwalk Development - Under construction, expected completion by July 31, 2022.
2. Within 120 days of completion of construction of the three restaurant shell buildings, two dine-in restaurants shall be open to the public with a Certificate of Occupancy (C.O) obtained from the City.
The current amendment under Council consideration is with regards to the Mercer Park construction as part of the Mercer Townhome project located at 1820 Wittington Place. At the February 15, 2022 City Council meeting, Council approved a zoning amendment request by CADG Mercer Crossing Holdings LLC. to the Planned Development No. 99 (PD-99) zoning district. This amendment allowed a 69-lot townhome project, where originally the Mercer Crossing Amphitheater was planned. Included within the amended PD-99 conceptual plans were two parkland dedications with a surface parking lot showing 20 parking spaces.
Further discussion and design e...
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