HomeMy WebLinkAboutResolution No. 2011-055
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2011- Q S 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, APPROVING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT WITH BILLINGSLEY
DEVELOPMENT CORPORATION FOR THE PURPOSE OF
INCLUDING WELL WATER IRRIGATION FOR PHASE 6 AND
PHASE 7 OF THE AUSTIN RANCH DEVELOPMENT;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENT; PROVIDING AN EFFECTIVE DATE
WHEREAS, The City of The Colony has previously entered into Development
Agreements (hereinafter defined as the 2004 Development Agreement, 2008
Development Agreement, concerning the development of the master-planned multiuse
project known as Austin Ranch; and,
WHEREAS, the Developer desires to construct, operate and maintain an
irrigation system using well water as the supply within Austin Ranch for Phases 1
through 7; and,
WHEREAS, the City Council has determined it to be in the City's best interest
to authorize amending the 2004 and 2008 Development Agreement, Section 3.1 by
changing Phases 1 though 5 to Phases 1 through 7 for the purpose of well water
irrigation to Phases 6 and 7.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
approves the Amendment to the Development Agreement (2004 and 2008) with
Billingsley Development Corporation.
Section 2. That the city manager is authorized to execute said Amendment.
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 16th day of August, 2011.
/001
e McCou, Mayor
ATTEST:
Christie Wilson, TRMC, City Secretary
APPROVED AS TO FORM:
Jeff Modre,,City Attorney
T;.
AMENDMENT TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN
BILLINGSLEY DEVELOPMENT CORPORATION
AND THE CITY OF THE COLONY, TEXAS
This Amended Development Agreement ("Agreement") is made to be effective as of the
day of i , 2011, by and between the CITY of THE COLONY, TEXAs (the "City"),
and BILLINGSLE DEVELOPMENT CORPORATION (the "Developer"), acting by and through their
duly authorized representatives.
RECITALS:
WHEREAS, the City and Developer have previously entered into four Development
Agreements (hereinafter defined as the 2004 Development Agreement, the 2008 Development
Agreement, concerning the development of the master-planned multiuse project known as
"Austin Ranch" located in the City; and
WHEREAS, the Developer has and continues to develop Austin Ranch; and
WHEREAS, the Developer desires to construct, operate and maintain an irrigation
system using well water as the supply within Austin Ranch Phases 1 through 7; and
NOW THEREFORE, the parties agree and amend their 2008 Agreement and 2004
Agreement, respectively, as follows:
Section 1. That the 2004 Agreement shall be amended by amending Section 3.1,
Subsection A.(ii) by changing the current Phases 1 through 5 to Phases 1 through 7, which shall
read as follows:
3.1 Irrigation System.
A. License for Irrigation System:
(ii) The initial phase of the Irrigation System will irrigate
Austin Ranch, Phases 1 through 7, as depicted on Exhibit "A", and the
Windhaven right-of-way east of the BNSF Railroad. The Developer shall
have the right, at Developer's sole cost, to expand the system to achieve
economies of scale, provided that (i) the Irrigation System shall not be
installed outside the boundaries of Austin Ranch Property without the
consent and approval of the City, to the extent of its jurisdiction, and (ii)
expansion of the Irrigation System shall be made in accordance with
Applicable Laws. If the Developer shall expand the Irrigation System in the
DEVELOPMENT AGREEMENT PAGE I
future, the City agrees to cooperate with the Developer and Association in
modifying the System License to incorporate additional medians and
parkways within the boundaries of the Austin Ranch Property which the
Association maintains and irrigates at the Association's costs."
Section 2. Miscellaneous
A. That the 2008 Agreement and the 2004 Agreement by and between the Parties
shall remain in full force and effect, except as amended herein.
B. Compliance with Laws. Developer shall fully comply with all local, state and
federal laws, including all Applicable Laws, applying to the subject matter of this Agreement.
C. 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 be
enforceable and shall be enforces as if the parties intended at all times to delete said invalid
section, subsection, paragraph, sentence, phrase or word.
D. Governing Law. The validity of this Agreement and any of its terms and
provision, as well as the rights and duties of the parties, shall be governed by the laws of the
State of Texas; and venue for any action concerning this Agreement shall be in State District
Court of Denton County, Texas.
E. Notices. All notices, demands, requests, consents. approvals or other
communications (the "Notices") required or permitted to be given by this Agreement shall be in
writing and shall be either personally delivered, or sent via telecopy with receipt confirmation, or
by Federal Express or other regularly scheduled overnight courier or sent by United States mail,
registered or certified with return receipt requested, properly addressed and with full postage
prepaid. Said Notices shall be deemed received and effective on the earlier of (i) the date
actually received (which, in the case of telecopied notice, shall be the date such telecopy is
transmitted with electronic confirmation of receipt) or (ii) three (3) business days after being
placed in the United States Mail as aforesaid.
Notices shall be sent to the parties hereto at the following addresses, unless otherwise
notified in writing:
To City: With a copy to:
Troy C. Powell, City Manager Gordon Scruggs, Director of Engineering
City of The Colony City of The Colony
6800 Main Street 6800 Main Street
The Colony, Texas 75056 The Colony, Texas 75056
Facsimile: 972-624-2312 Facsimile: 972-624-2317
AMENDMENTS TO THE PAGE 2
2008 & 2004 DEVELOPMENT AGREEMENTS
i
With another copy to:
Jeff Moore, City Attorney
BROWN & HOFMEISTER, LLP
740 East Campbell Road
Suite 800
Richardson, Texas 75081
Facsimile: 214-747-6111
To Developer: With a copy to:
Billingsley Development Corporation Charles C. Jordan
Att'n: Lucilo Pena Carrington, Coleman, Sloman & Blumenthal,
4100 International Parkway L.L.P.
Suite 1100 901 Main Street, Suite 5500
Carrollton, TX 75007 Dallas, Texas 75202
Facsimile: (214) 270-0992 Facsimile: (214) 758-3721
F. Incorporation o Recitals. The determinations recited and declared in the
preambles to this Agreement are hereby incorporated herein as part of this Agreement.
G. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
H. Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this Agreement.
1. Covenants and Representations. Developer represents, warrants and covenants that
it has the authority to: (i) enter into this Agreement and to execute and deliver this Agreement and
(ii) perform and comply with all of the terms, covenants and conditions to be performed and
complied with by the Developer hereunder. The City represents warrants and covenants that it has
the authority to; (i) enter into this Agreement and to execute and deliver this Agreement; and (ii)
perform and comply with all of the terms, covenants and conditions to be performed and complied
with by the City hereunder. All said covenants in this Agreement shall be hereby deemed to run
with the land.
AMENDMENTS TO THE PAGE 3
2008 & 2004 DEVELOPMENT AGREEMENTS
EXECUTED in duplicate originals this the day of,;- t > , 2011.
CITY: CITY OF THE COLONY, TEXAS
By:
Tro owell, City Manager
ATTEST:
By:
Christie Wilson, City Secretary
APPROVED AS TO FORM:
By: F
Jeff Moor; City Attorney
AMENDMENTS TO THE PAGE 4
2008 & 2004 DEVELOPMENT AGREEMENTS
EXECUTED in duplicate originals this the 5t1i day of August, 2011.
DEVELOPER. BILLINGSLEY DEVELOPMENT
CORPORATION
By: 6 /..Z, ~m/jl
Title:. F (5 0 9,0 dg ft)
AMENDMENTS TO THE PAGE 5
2008 & 2004 DEVELOPMENT AGREEMENTS
CITY'S ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the day of
2011, by Troy C. Powell, City Manager of the City of The Colony, a
Texas municipality, on behalf of said municipality.
Notary Publi\~, State of Texas
(Seal)
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@G~ Elizabeth issvelasco
ton Expires
02117/2015
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AMENDMENTS TO THE PAGE 6
2008 & 2004 DEVELOPMENT AGRLEMENI S
DEVELOPER'S ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY GE Dallas §
This instrument was acknowledged before me on the 5t" day of August, 2011, by
Lucilo Pena, President of Billingsley Development Corporation on behalf of said corporation.
'A''--Yi LISA TURNER
Notary Public, State of Texas
My Commission Expires
September 02, 2013 Notary Public, State of Texas
(Seal)
DEVELOPERS AGREEMENT- PAGE 7 TM 28247.99.000
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