Loading...
Res 19-03 Amending Resolution 18-49, Wilbow-Solana LLC for Subdivision Improvements at the Knolls by modifying the conservation area bound TOWN OF WESTLAKE RESOLUTION 19-03 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS WITH WILBOW-SOLANA LLC, RELATED TO THE KNOLLS AT SOLANA DEVELOPMENT IN WESTLAKE, TEXAS. WHEREAS, the Town is a duly created and validly existing Type A General Law Municipality, created under the laws of the State of Texas, including particularly, but not by way of limitation, Chapter 51, Texas Local Government Code ("LGC"); and WHEREAS, the Town of Westlake (Town) and Wilbow-Solana, LLC (the Owner) entered into an agreement for subdivision improvements on December 10, 2018; and WHEREAS, the agreement that the Town and the Developer wish to amend is the Development Agreement for Subdivision Improvements approved by the Town in Resolution 18-49 on December 10, 2018; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby approves this Amendment to the Development Agreement for Subdivision Improvements originally approved on December 10, 2018 in Resolution 18-49 attached hereto to this resolution as Exhibit "A". SECTION 3: THAT, the Town Council of the Town of Westlake further authorizes the Town Manager to execute said amendments to said agreements on behalf of the Town of Westlake. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 19-03 Page 1 of 2 SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28th DAY OF JANUARY 28,2019. OWN OF WF ' m Laura Wheat, Mayor ATTEST: Kelly dwar , Town Secretary Thomas E. Br to anager APPRO AS ORM: tanton y, wn Attorney Resolution 19-03 Page 2 of 2 EXHIBIT A TO RESOLUTION NO. 19-03 AMENDMENT TO DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS—THE KNOLLS AT SOLANA THIS AMENDMENT TO THE TOWN OF WESTLAKE DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS (aka "the Amendment") ESTABLISHED WITH THE ADOPTION OF RESOLUTION 18-49 AS ADOPTED BY THE WESTLAKE TOWN COUNCIL ON DECEMBER 10, 2018 is made and entered into this 28th day of January, 2019, by and between the Town of Westlake, Texas (the "Town"), and Wilbow-Solana LLC, (the "Developer"). WITNESSETH: The Knolls at Solana Development ("Development") is a single-family residential project to be constructed in Westlake and is currently being developed by Developer; and On December 10, 2018, the Town and the Developer entered into the Development Agreement for Subdivision Improvements cited above which addressed various development issues related to the Knolls at Solana Development and provided for the timing of certain construction, conservation area requirements and the dedication of certain property, among others; and The Developer and the Town desire to amend the Development Agreement for Subdivision Improvements contained in Resolution 18-49 with the amendments herein. In consideration of the foregoing premises and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Town and Developer covenant and agree as follows: 1. The Development Agreement for Subdivision Improvements Adopted by Resolution 18-49 on December 10, 2018 Remain in Full Force and Effect. The Town and Developer acknowledge and agree that, except to the extent amended herein, all provisions and terms contained in the Development Agreement for Subdivision Improvements as adopted by Resolution 18-49, besides this Amendment, remain in full force and effect. 2. Specific Amendments Contained in this Amendment to the Development Agreement for Subdivision Improvements Adopted by Resolution 18-49 shall be amended as follows: Exhibit "A-2" of Resolution 18-49, Exhibit "A", is hereby deleted and replaced with Exhibit"A-I", attached hereto. 3. Binding Obligation. This Amendment to the Economic Development Agreement shall become a binding obligation of the signatories upon execution by all signatories hereto. The Town warrants and represents that the individual executing this Resolution 19-03 Page 1 of 5 Amendment to the Development Agreement for Subdivision Improvements on behalf of the Town has full authority to execute this Amendment to the Development Agreement for Subdivision Improvements and bind the Town to the same. Developer warrants and represents that the individual executing this Amendment to the Development Agreement for Subdivision Improvements on its behalf has full authority to execute this Amendment to the Development Agreement for Subdivision Improvements and bind it to the same. 4. Authorization. The Town Council shall authorize the Town Manager of the Town to execute this Amendment to the Development Agreement for Subdivision Improvements on behalf of the Town. 5. Severability. In the event any provision of this Amendment to the Development Agreement for Subdivision Improvements shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Amendment to the Development Agreement for Subdivision Improvements shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 7. Filin$t in Deed Records. This Amendment to the Development Agreement for Subdivision Improvements shall be filed in the deed records of Tarrant County, Texas. The provisions of this Amendment to the Development Agreement for Subdivision Improvements shall be deemed to run with the Property and shall be binding on heirs, successors and assigns of Developer.. 8. Notices. Any notices required or permitted to be given hereunder shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: To the Town: Attn: Thomas E. Brymer Town Manager 3 Village Circle, Suite 202 Westlake, Texas 76262 FAX: 817.430.1812 With a copy to: Attn: L. Stanton Lowry Town Attorney Boyle & Lowry, L.L.P. 4201 Wingren, Suite 108 Irving, Texas 75062 FAX: 972.650.7105 To the Developer: Attn: Lawrence Corson, Co-President Wilbow-Solana, LLC 4131 N. Central Expressway Suite 990, Lockbox 13 Dallas, TX 75204 Resolution 19-03 Page 2 of 5 With a copy to: Watson Law Group PLLC Attn: Monty Watson 4925 Greenville Avenue, Suite 717 Dallas, TX 75206 9. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties have executed this Agreement as of this the 28th day of January, 2019. ATTEST: TOWN OF WESTLAKE C h By: �` T� Name: Ke y Edwa. sip y Name: Thomas E. Bry e Title: Town Secr, ary. Title: Town Manager Date: 2 I!�I 19 APPROV D-AS 'YU -zz;—:1y N L. St to Title: Town Attorney Resolution 19-03 Page 3 of 5 DEVELOPER Wilbow-Solana LLC By: Law"'re'14ce Corson, Co-P ident STATE OF TEXAS ) COUNTY OF 1(3LV Y am+ ) This instrument was acknowledged before me on the 2EY� � day of �D&n kkav'L , 2019, by Lawrence Corson in his capacity as Co-President, known to be the person wh e name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Wilbow-Solana, LLC. Notar Public, Mate of Texas My Commission Expires: C�2 3 12 C�Z c,�Y Pis KELLY EDWARDS NOTARY PUBLIC STATE OF TEXAS MY COMM.EXP.02/03/2022 NOTARY ID 12408268-8 c, z r, Resolution 19-03 Page 4 of 5 EXHIBIT "A-1" Resolution • 1 Page 5 of 5