ORDINANCE 9-2021  Introduced by: Comm. Dielerderlec  AN ORDINANCE OF THE TOWN OF TRAPPE APPROVING AND ADOPTING THE FIRST AMENDMENT TO DEVELOPMENT RIGHTS AND RESPONSIBILITIES AGREEMENT BY AND BETWEEN THE TOWN OF TRAPPE AND TRAPPE EAST HOLDINGS BUSINESS TRUST WHEREAS, under the authority granted to it by Md. Code Ann., Land Use $ 7-302, the Town of Trappe adopted Ordinance No. 2-2003, which enables the Trappe Town Council to  consider and enter into development rights and responsibilities agreements;  WHEREAS, on March 1, 2006, Trappe East; LLC, Luthy Properties, LLC, Lyons Trappe, LLC, Whitemarsh Farm, LLC, Trappe Ocean Gateway, LLC, Barber Road Addition, LLC, Trappe Wise, LLC and Slaughter Land, LLC and the Town entered into a development rights and responsibilities agreement (the "DRRA") regarding the development of a project referenced as "Trappe East" on a significant portion oft the lands annexed pursuant to Town Resolution No. 7-  2002;  WHEREAS, by an Assignment and Assumption Agreement dated March 11, 2009, which isre recorded among the Land Records in Liber 1682, folio 303 ("Assignment Agreement"), Trappe East Holdings Business Trust ("TEHBT") assumed the obligations arising under the DRRA upon their assignment to it by TEHBT's predevessors-in-interes: Trappe East LLC, Luthy Properties LLC, Lyons Trappe LLC, Whitemarsh Farm LLC, Trappe Ocean Gateway LLC, Barber Road  Addition LLC and Trappe Wise LLC;  WHEREAS, TEHBT petitioned the Town to amend the DRRA and submitted the First Amendment to the Development Rights and Responsibilities Agreement (the "First Amendment")  attached hereto as Exhibit A; meeting on July 7,2 2021;  WHEREAS, the Town Council reviewed the proposed First Amendment at a regular WHEREAS, on July 20, 2021, the Trappe Planning Commission considered the First Amendment and found it consistent with the Comprehensive Plan of the Town of Trappe and recommended approval of the First Amendment by Planning Commission Resolution No. 2021-  L, attached hereto as Exhibit B;  WHEREAS, the Town Council conducted a public hearing on this Ordinance and the WHEREAS, the Town Council finds that the First Amendment as attached hereto complies with Ordinance No. 2-2003 and is consistent with the Trappe Comprehensive Plan and is fair, just  attached First Amendment on Ootober lo,2021;  and reasonable;  NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE COUNCIL OF    TRAPPE. AS FOLLOWS:  Section 1. The First Amendment attached hereto as Exhibit "A" is hereby adopted and Section 2. In accordance with Article II, Section-209 of the Trappe Town Charter, this  approved, and the DRRA shall be promptly executed by the Town Council.  ordinance shall become effective twenty  days after approval by the Town Council.  ARECb Walter Chase, Sr. dhye yhiilctt Tonyal Pflchet Bie &4 Brian Schmidt  E  Ihereby certify that the above Ordinance was adopted by a yea and nay vote ofthe Council  this Lotb dayo of Ootckec Cwpbiabong  2021.  Erin Braband, Town Administrator/Town Clerk