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HomeMy WebLinkAboutResolution No. 00-22 ORI$1gAL CITY OF THE COLONY, TEXAS RESOLUTION NO. DE~ ',:::,q,~ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPER'S AGREEMENT BETWEEN THE CITY AND BLUE SKY SPORTS CENTER; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the Mayor of the City of The Colony is hereby authorized to execute a Developer's Agreement with Blue Sky Sports Center providing for the City to reimburse the developer for specific responsibilities for fire protection and providing a commitment to reimburse the developer up to $200,000 for expenses in the event that the Corps denies the necessary permits for the development. Section 2. That a true and correct copy of the Developer's Agreement is attached hereto and incorporated herein. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 19th day of June, 2000. ~;illiam W. Manning, M~yor~~ ATTEST: Patti A. Hicks, TRMC, City Secretary BLUE SKY SPORTS CENTER, LP AGREEMENT STATE OF TEXAS , COUNTY OF DENTON , This Blue Sky Sports Center, LP Agreement ("Agreement") is between the City of The Colony, a Texas Home Rule municipality ("City"), and Blue Sky Sports Center, LP ("Blue Sky"). RECITALS WHEREAS, the City has established an economic development program or policy pursuant to the authority granted by Tex. Loc. Gov. Code Section 380.001; and WHEREAS, Blue Sky has offered to build and operate a Sports Facility consisting of three (3) adult outdoor soccer fields measuring 270' X 330'each and a regulation size indoor soccer field with related amenities; and WHEREAS, the City believes Blue Sky will conform to the City's Comprehensive Zoning Ordinance, as amended, and the City's Comprehensive Plan; and WHEREAS, the Blue Sky location as described herein is intended to create permanent new jobs and generate sales and property taxes in the City and generate other new economic development; and WHEREAS, the significant positive impact to the local community of Blue Sky qualifies the project for economic development incentives from the City granted in this Agreement; and WHEREAS, the City has sufficient resources available, appropriated and budgeted to fund their obligations hereunder; and WHEREAS, the City recognizes that Blue Sky would not locate in the City but for the economic development inducements granted herein, and has alternative locations available. BLUE SKY SPORTS CENTER, LP AGREEMENT \\COLONYNT~HARRY~AGREEMENTS\BLUESKYAGR3.DOC Page I AGREEMENTS NOW THEREFORE, in consideration of the recitals stated above and commitments and obligations of the Parties set forth hereinafter, the Parties hereto covenant and agree as follows: I. DEFINITIONS Whenever used in this Agreement, the following terms shall have the meanings ascribed to them: A. "Property" shall mean the Land (described in Exhibit A which is attached hereto for all purposes and which is located south of Boyd Road and west of and abutting FM 423 and being the Eastvale Park tract) and any improvements and personal property, excluding inventory, which is added to the Property subsequent to the execution of this Agreement. B. "Sports Facility" shall mean the contemplated three (3) adult outdoor soccer fields, a regulation size indoor soccer field and related amenities, to be located on the Property, as further described in plans submitted to the City ("Plans"). C. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of Blue Sky including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless earned by acts or omissions of Blue Sky), fire, explosion, flood, strike, work slowdowns or stoppages, shortages of labor or materials and other matters affecting the ability of Blue Sky to perform this Agreement. D. "Land" shall mean the real property described in Exhibit A attached. E. "Parties" shall mean Blue Sky Sports Center, LP and the City of The Colony. II. GENERAL PROVISIONS A. Blue Sky is under contract to lease the Land. B. Blue Sky and all other improvements shall conform to the City's Comprehensive Zoning Ordinance, as amended, and the City's BLUE SKY SPORTS CENTER, LP AGREEMENT \\COLONYNT~IARRYXAGREEMENTS\BLUESKYAGR3.DOC Page 2 Comprehensive Plan, and all other applicable ordinances and regulations. C. Blue Sky shall submit to the City prior to the commencement of construction a schedule of costs for construction of the Sports Facility. III. REIMBURSEMENT OF PAYMENTS The Parties understand and agree that the construction, which is the subject of this Agreement, is conditional upon approval by the U.S. Army Corps of Engineers (the "Corps"). If after Blue Sky has commenced construction of the soccer fields, the Corps denies the necessary permits/approval needed by Blue Sky to complete the building, then the City will reimburse Blue Sky for monies spent on the project, up to $200,000.00. The reimbursement of any monies is dependent upon Blue Sky being able to produce documentary evidence of such expenses. IV. CONSTRUCTION OF IMPROVEMENTS A. Blue Sky agrees to commence construction within ten (10) days of receivine aDt~roval from the City's Development Review Committee and building permit official to construct the Sports Facility in substantial compliance with the Plans. B. Blue Sky shall diligently and faithfully, in a good and workman- like manner, pursue the completion of the Sports Facility within 180 days following commencement of construction; provided: Blue Sky shall have such additional time to complete the Sports Facility as may be reasonably required in the event of Force Majeure (so long as while Blue Sky is diligently and faithfully pursuing completion of the improvements). C. The City, its agents and employees shall have the right of access to the Land to inspect the Sports Facility at reasonable times and with reasonable notice to Blue Sky and in accordance with Blue Sky visitor access and security policies, in order to insure that construction of the improvements are in substantial compliance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). BLUE SKY SPORTS CENTER, LP AGREEMENT \\COLONYNT~HARRY~AGREEMENTS\BLUESKYAGR3.DOC Page 3 D. The Parties agree that Blue Sky will be responsible for providing adequate water, sewer and drainage facilities to the Land for the development and operation of the Sports Facility. E. Blue Sky agrees to: (1) install, at its own expense, a 10,000 gallon water tank on the Property, with all the appropriate connections to be approved by the City of The Colony Fire Department; (2) connect to City water and install a fire sprinkler system in the building no later than six months after City water lines have been extended to the frontage of the subject property (Failure to comply with this requirement will result in the withdrawal of the Certificate of Occupancy); and (3) Design and construct fire lanes on the Property, subject to the approval of the City of The Colony Fire Department. F. The City agrees to: (1) provide limited fire protection services to the proposed development until such time that City water is extended to the Property, at which time full services will be then be provided; (2) provide a 2,600 gallon tanker truck which shall be deployed to the Property in case of a fire; and (3) use the 10,000 gallon on site tank to be installed by Blue Sky for additional fire fighting capacity. V. GENERAL REQUIREMENTS A. The Plans will be filed with the City as part of the City's normal requirement for building permits. The Plans, as amended from time to time, shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. Reasonable variation from the Plans, not materially affecting the benefits to be derived by the City are expressly permitted, without the necessity of filing the same with the City. B. Nothing contained herein shall constitute an agreement or covenant by Blue Sky to continuously operate and maintain the Property as a Sports Facility. BLUE SKY SPORTS CENTER, LP AGREEMENT \\COLONYNT~IARRY~GREEMENTS\BLUESKYAGR3.DOC Page 4 VI. SUCCESSORS AND ASSIGNS This Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. The Agreement may be assigned by Blue Sky with the consent of the City, which consent shall not be unreasonably withheld or delayed. VII. CITY COUNCIL AUTHORIZATION This Agreement was authorized by resolution of the City Council authorizing the Mayor to execute this Agreement on behalf of the City, is within the City's authority to enter and is a binding obligation of the City. VIII. SEVERABILITY In the event any section, subsection, paragraph, sentence, phrase, or word herein is held invalid, illegal, or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase, or word. The unenforceability of this Agreement, or any portion thereof as to any of the City shall not affect enforceability as the others. IX. APPLICABLE LAW THIS AGREEMENT SHALL BE CONSTRUED UNDER THE LAWS OF THE STATE OF TEXAS. VENUE FOR ANY ACTION UNDER THIS AGREEMENT SHALL BE THE STATE DISTRICT COURT OF DENTON COUNTY, TEXAS. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. The prevailing party in any litigation required to enforce this Agreement shall additionally recover costs and attorney's fees. X. NOTICES All notices required to be provided hereunder shall be sent certified mail, postage prepaid, addressed as follows: If to Blue Sky Sports Center, LP: with copy to' BLUE SKY SPORTS CENTER, LP AGREEMENT \\COLONYNT~HARRY~GREEMENTS~BLUESKYAGR3.DOC Page 5 If to the City: City of The Colony City Hall 6800 Main Street The Colony, Texas 75056 Attn: Mr. Lanny Lambert, City Manager, City of The Colony The address for notice may be changed by a notice under this section. XI. TIME OF THE ESSENCE Time is of the essence in performance of this Agreement. BLUE SKY SPORTS CENTER, LP AGREEMENT \\COLONYNTxHARRY~GREEMENTS\BLUESKYAGR3.DOC Page 6 EXECUTED on this ~ day of June, 2000. THE CITY OF THE COLONY a TeF Home Rul~;iunicipality ~¢ilq~ am M~anm~'ng Mayor, Ci~ of ~e Colony ~a~i Hicks Ci~ Secret, Ci~ of The Colony BLUE SKY SPORTS CENTER, LP By: Its: Date: BLUE SKY SPORTS CENTER, LP AGREEMENT \\COLONYNT~-IARRY~GREEMENTS\BLUESKYAGR3.DOC Page 7 LIMITS Olr PARK NORTH L.-IM/T$ CONC F'T dO~'61NG. 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