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HomeMy WebLinkAboutResolution No. 08-115 CITY OF THE COLONY, TEXAS RESOLUTION NO. 08-1 L~ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE AMENDMENT TO THE GROUNDLEASE AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND BLUE SKY SPORTS CENTER, LP, TO INCORPORATE AN AMENDED DEVELOPMENT PLAN FOR EASTV ALE P ARK, WHICH IS A TT ACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Blue Sky Sports Center, LP, have entered into an Agreement to incorporate an amended Development Plan for Eastvale Park; and WHEREAS, the City has determined that it is in the best interest of the City to enter into an Amendment to the Groundlease Agreement with Blue Sky Sports Center, LP, 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 Agreement, which is attached and incorporated hereto 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. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED, AND EFFECTIVE this r!;L~(j)~~ Christie Wilson, City Secretary ;'.-' ' .:~ \.-~ ,', ;". ~.~ U ,., AMENDMENT TO THE GROUNDLEASEAGREEMENT EASTV ALE PARK This Amendment to the Groundlease Agreement ("Agreement"), by and between the City of The Colony, Texas ("City"), and Blue Sky Sports Center, LP, a Texas Limited Partnership ("Lessee"). {City and Lessee shall be referred to collectively as the "Parties"). RECITALS: WHEREAS, on or about January 3, 2000, the Parties hereto entered into a Groundlease Agreement ("Lease Agreement") permitting Lessee to construct and operate a multi-use recreational and service facility on real property consisting of approximately 96 acres, more or less, located at 7801 Main St., The Colony, Texas, and commonly known as Eastvale Park; and WHEREAS, such Lease Agreement has been amended previously to extend the lease term; and WHEREAS, the Lease Agreement provided for an approved Development Plan which was attached thereto as Exhibit D; and WHEREAS, the Parties desire to amend the Lease Agreement, as amended, by amending the Development Plan which is attached to and labeled as Exhibit D to such Lease Agreement with a new Development Plan, which is attached hereto and incorporated herein as Exhibit 1. NOW THEREFORE THE PARTIES do hereby agree to amend the Lease Agreement as follows: Section 1. That the Lease Agreement, as amended, is hereby amended by replacing the same with a new Exhibit D, Development Plan, which is attached hereto and incorporated herein as Exhibit 1. Section 2. That the rest and remainder of the Lease Agreement, as amended, which was entered into on January 3, 2000 is republished and ratified, except as previously amended and amended herein. City of The Colony, Texas: By: By: <;)~ C~ Dale Cheatham, City Manager City of The Colony 6800 Main Street The Colony, TX 75056 Amendment to Groundlease Agreement Page 2 Blue Sky Sports Center, L.P. "~\ By: ':, . , ~~~:Y V_ J \,.__ ..J\,.. ~.--- Its: !'- ( -I "\:.:-- \"" J "-:~ <------ '. TM331497n()(}(} Eastvale Park Blue Sky Sports Center Development Plan Year 1 1. Continue overall beautification project utilizing planting of native trees, shrubs and flower. 2. Develop walkways to all outdoor soccer fields. 3. Continue to enhance entrance area and play area with native landscaping. 4. Inspect and repair as needed the fence. 5. Continue improvements on parking area. Year 2 1. Continue discussions with the city of The Colony on the possible development of a fenced area where dogs would be allowed to playoff leash. 2. Top dress and re-grade as needed existing soccer fields. 3. Development of the existing boat launch area to ultimately include a fishing area/pier and sailing/kayak area. 4. Upkeep and maintenance of existing boat ramp and existing boat parking area. 5. Continue landscape improvements and upkeep of existing facility. Year 3 1. Begin process of developing north end of the property with two additional lighted soccer fields. Obtain all appropriate Corp and City approvals and conform to all guidelines and protocol. 2. Possible add additional lighted soccer fields. 3. Continue landscaping improvements adding more native trees as shade and develop wildflower areas. 4. Work with the city on enhancing inland trails that border the property, 5. Construct sand volleyball courts. Year 4 1. Develop fitness trail to tie into city trail system. 2. Add additional shade trees to walking trail. 3. Continue upkeep and maintenance of existing grounds and facility. 4. Add fishing pier to boat launch area. 5. Develop outdoor fitness areas. Year 5 1. Construct horseshoe pit. 2. Add additional picnic areas and grills. 3. Continue development, upkeep and maintenance of existing structures and facilities. 4. General up keep and maintenance of existing landscape, trees and flowers.