HomeMy WebLinkAboutResolution No. 08-061
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 08-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE AMENDMENT NO. 1 TO THE GROUND LEASE, REAL
PROPERTY AND PERSONAL PROPERTY LEASE AGREEMENT BY
AND BETWEEN THE CITY OF THE COLONY AND MARINE QUEST -
HIDDEN COVE, L.P., PROVIDING FOR ADDITIONAL LEASED
PREMISES TO INCLUDE THE WATER SURFACE AREA FOR THE
PROPOSED MARINA, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the City and Marine Quest - Hidden Cove, L.P. entered into a Ground
Lease, Real Property and Personal Property Lease Agreement on or about January 10,2005, for
the construction and operation of a multi-use recreational and service facility; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
an amended agreement with Marine Quest - Hidden Cove, L.P., providing for additional leased
premises to include the water surface area for the proposed marina, which is attached hereto and
incorporated herein by reference as Exhibit "A", under the terms and conditions provided
therein.
THEREFORE, BE IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THAT:
Section 1. The Amendment No. 1 to the Ground Lease, Real Property and Personal
Property Lease Agreement, which is attached hereto and incorporated herein by reference as
Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and
found to be acceptable and in the best interest of the City and its citizens, be, and the same is
hereby, in all things approved, and the City Manager is hereby authorized to execute the
Agreement on behalf of the City of The Colony, Texas.
Section 2. This Resolution shall take effect immediately from and after its adoption and
it is so resolved.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 7th day
of Julv. 2008.
An:
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Christie Wilson, City Secretary
APPROVED AS TO FORM:
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Robert E. Hager, City Atto~y '-
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MARINE QUEST GROUNDLEASE, REAL PROPERTY, AND
PERSONAL PROPERTY LEASE AGREEMENT
AMENDMENT NO.1
This Amendment No.1 to the Groundlease, Real Property, and Personal Property Lease
Agreement, by and between the City of The Colony, Texas ("City"), and Marine Quest - Hidden
Cove, L.P., a Texas Limited Partnership ("Lessee"). {City and Lessee shall be referred to
collectively as the "Parties").
RECITALS:
WHEREAS, on or about January 10,2005, the Parties hereto entered into a Groundlease,
Real Property, and Personal Property Lease Agreement ("Lease Agreement") permitting Lessee
to construct and operate a multi-use recreational and service facility on real property consisting
of approximately 428 acres, more or less, located at 20400 Hackberry Creek Park Road,
commonly known as Hidden Cove Park; and
WHEREAS, the Parties desire to amend such lease to provide for additional leased
premises, being the water surface area as depicted in Exhibit A, which is attached hereto and
incorporated herein by reference,
NOW THEREFORE THE PARTIES do hereby agree to amend the Lease Agreement
as follows:
Section 1. That Article I, Definitions, of the Lease Agreement is hereby amended by
amending the definition for subsection J. Leased Premises to include the water surface area as
depicted in Exhibit A, which is attached hereto and incorporated herein, which shall read as
follows:
"J. Leased Premises: ..... In addition, the water surface area, as
depicted in Exhibit A, which is attached hereto and incorporated herein, shall be
included in the Leased Premises and the same shall be included in references to
the Leased Premises contained therein."
Section 2. That the rest and remainder of the Lease Agreement which was entered into
on January 10,2005 is republished and ratified, except as amended herein.
City of The Colony, Texas:
Marine Quest - Hidden Cove, L.P.
By:
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Dale Cheatham, City Manager
City of The Colony
6800 Main Street
The Colony, TX 75056
By:
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Amendment No, 1 to Groundlease, Real Property, and Personal Property Lease Agreement
Page 2
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