HomeMy WebLinkAboutResolution No. 08-045
CITY OF THE COLONY, TEXAS 01?1G11V4j
RESOLUTION NO. 08. 4~'s
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, RESCINDING THE TERMS AND CONDITIONS OF
THE SECOND AMENDMENT TO THE GROUND LEASE AGREEMENT
BY AND BETWEEN THE CITY OF THE COLONY AND WYNNWOOD
ARMY LLC, ENTERED INTO ON JANUARY 7,2008; APPROVING THE
TERMS AND CONDITIONS OF A REVISED SECOND AMENDMENT
TO THE GROUND LEASE AGREEMENT BY AND BETWEEN THE
CITY OF THE COLONY AND WYNNWOOD ARMY LLC FOR
DEVELOPMENT OF A SECOND GOLF COURSE, TRAILS, AND
AMENITIES, 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 Wynnwood Army LLC entered into an Agreement for the
development of a second golf course, trails, and amenities on January 7, 2008; and
WHEREAS, the terms and conditions of that Agreement are hereby rescinded; and
WHEREAS, the City and Wynnwood Army LLC have entered into a revised Agreement
for the deveopment of a second golf course, trails, and amenities; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
an Agreement with Wynnwood Army LLC, 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. This Resolution shall take effect immediately from and after its adoption and
it is so resolved.
PASSED, APPROVED, AND EFFECTIVE this 21st day of April, 20 0.
L(~c
Jo Dillard, Mayor
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OF 'r,
ristie Wilson, City Secretary
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41
APPRO D AS TO FORM: A_4
o x ay
Robert E. Hager, City 0orneyL
CITY OF THE COLONY § SECOND AMENDMENT
§ TO
COUNTY OF DENTON, TEXAS § GROUND LEASE AGREEMENT
THIS SECOND AMENDMENT TO GROUND LEASE AGREEMENT, (this "Second
Amendment" is made and entered into this r day of 1*9' 2008 by and
between the City of The Colony, Texas, a Texas municipal corporation, hereinafter referred to
as "Lessor" or "City" and Wynnwood Army, LLC, a limited liability company, hereinafter
referred to as "Lessee" (collectively referred to as "Parties").
RECITALS:
WHEREAS, On or about Julyl6, 1997, the City entered into that certain Ground Lease
Agreement (the "Ground Lease") a copy of which is attached hereto as Exhibit "A" and
incorporated herein by this reference for all purposes, with Wynnwood Peninsula, LP.; and
WHEREAS, On or about July 20, 1998, the Ground Lease Agreement was amended to
substitute Wynnwood Army, LLC for Wynnwood Peninsula, L.P. (the "First Amendment to
Ground Lease Agreement") a copy which is attached as Exhibit "B"; and
WHEREAS, the Parties desire to amend the Ground Lease, by adding the Property
depicted in Exhibit "C" and being more particularly described in Exhibit "D"; and
WHEREAS, the Parties desire to amend the Ground Lease by removing from the
Ground Lease the Property depicted in Exhibit "B" and being more particularly described in
Exhibit "F"; and
WHEREAS, Lessee desires to design and construct a golf course, recreational trails and
an observation area on the Property; and
NOW THEREFORE, in consideration of the payment $10.00 and other good and
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
Section 1. That Article 1. "Defmition" of the Ground Lease Agreement dated July 21,
1997, be, and the same is, hereby amended to read as follows:
"F. Facilities: The term "Facilities" shall mean and include only the following: (i) golf course;
(ii) pro shop in connection with a golf course; (iii) clubhouse; (iv) restaurant, (iv) marina
(including water craft rentals); (v) lodging facilities; (vi) meeting facilities; (vii) tennis center;
(vii) swimming facilities; (ix) gymnastics facilities; (ix) gymnastics facilities; (x) baseball,
football, and soccer fields and facilities; (xi) sports medicine facilities; (xii) fitness or health
care facilities; (xii) bocce ball, volleyball and similar game facilities; (xiv) sports education
facilities; (xv) trails; (xvi) observation area; and (xvii) equestrian uses.
SECOND AMENDED GROUND LEASE AGREEMENT - PAGE 1 22627
J. Leased Premises: The term "Leased Premises" shall mean the real property depicted in
Exhibit "A" , consisting of approximately 616 acres, more or less, located above the 522 foot
elevation (above mean sea level) in the Wynnewood Peninsula Parcel, Lewisville Lake Project,
Denton County, Texas.
Section 2. That Exhibit "A" to the Ground Lease is hereby amended by providing a
new Exhibit "A(1-)" to reflect the addition of the 16.002 Acres of Property.
Section 3. In all other aspects, the Ground Lease and the First Amendment to
Ground Lease Agreement is ratified, confirmed and adopted as the agreement of the parties. In
the event that any inconsistency between the terms and provisions of this Second Amendment
and the terms and provisions of the Ground Lease and The First Amendment to the Ground
Lease, the terms and provisions of this Second Amendment shall control.
Section 4. That this Second Amendment shall not become effective until the Army
Corp of Engineers approves the terms and conditions of this Second Amendment to the Ground
Lease.
IN WITNESS WHEREOF, the parties have caused this Second Amendment to be
executed in multiple counterparts, each of which shall have the full force and effect of any
original, by their respective duly authorized representatives on the day and year first set forth
above.
- Signature Page to Follow -
SECOND AMENDED GROUND LEASE AGREEMENT - PAGE 2 22627
LESSOR:
THE CITY OF THE COLONY, TEXAS
By:
Dale Cheatham, City Manager
LESSEE:
WYNNWOOD ARMY, LLC
By: Wynnwood Army, LLC
A Texas Limited Liability Corporation
By:
Name:
Its : "°E'• , c:: C e f'-i ✓ a < r, F ,
SECOND AMENDED GROUND LEASE AGREEMENT - PAGE 3 22627