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Res 20-04 Approving a Development Agreement with Bernal Homes Inc TOWN OF WESTLAKE RESOLUTION NO. 20-04 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS, APPROVING A SITE DEVELOPMENT AGREEMENT WITH BERNAL HOMES, INC., FOR LOT 1, BLOCK N, WESTLAKE ENTRADA ADDITION WHEREAS, the Westlake Entrada development was approved by the Town Council by Ordinance 703 on April 22, 2013; and, WHEREAS, the Westlake Entrada Design Guidelines were approved by the Town Council by Ordinance 760 on December 14, 2015; and, WHEREAS, Bernal Homes, Inc., as the owner and developer of land located within the Town, intends to construct a five-story mixed use building on Lot 1, Block N, Westlake Entrada; and WHEREAS,the Town of Westlake(Town)and Bernal Homes,Inc. (the Developer)desire to enter into a partnership to ensure quality construction, building design and aesthetic excellence through a Site Development Agreement that reinforces compliance and consistency with the adopted Westlake Entrada Design Guidelines and Building Material requirements; 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 the Site Development Agreement attached hereto as Exhibit "A" with the Owner; and further authorizes the Town Manager to execute said agreements and pursue any necessary procedures on behalf of the Town of Westlake. SECTION 3: 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 20-04 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27TH DAY OF JANUARY 2020. i ATTEST: Laura eat, Mayor ( bmi A� !tom T ya Monvis, Assistant the Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: '14�1 OF L. Stanton Lowry, Town Attorney A1O. '' -.IPA m �kAS Resolution 20-04 Page 2 of 2 1 Bernal Homes, Inc. Site Development Agreement SITE DEVELOPMENT AGREEMENT BETWEEN BERNAL HOMES, INC. AND THE TOWN OF WESTLAKE This Agreement (“Agreement”) is executed to be effective as of the 27th day of January, 2020 (“Effective Date”) by and among the Town of Westlake, Texas (the “Town”), and Bernal Homes, Inc. (the “Developer”). Bernal Homes, Inc. is the owner of that certain real property described as Block N, Lot 1 (the “Property”). This Agreement concerns the building aesthetics, building design and building construction materials for the mixed-use building to be constructed upon the Property. SECTION 1. Building Aesthetics, Building Design and Building Construction Materials A. The developer agrees that, in addition to the provisions contained in the ordinances approving the site plan and the Specific Use Permits pertinent to the Property, all building aesthetics, building design and building construction materials on the Property shall comply with architectural, design and building material provisions of Ordinance 703, the Entrada zoning ordinance, and Ordinance 760, the Entrada design guidelines. SECTION 2. Term This Agreement shall be effective from the latest date of execution by the Parties (the "Effective Date") and shall remain in force for the duration of the term of the Agreement as defined herein unless terminated earlier in accordance with this Agreement. The term of this Agreement shall not be considered complete until: 1. The final Certificate of Occupancy is issued by the Town for the development. 2. All Developer Obligations under this Agreement and the Site Plan and SUP ordinances approving this development have been met. SECTION 3. Assignment or Successors The Developer may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any other person or entity without the prior consent of the Town Council. Any lawful assignee or successor in interest of Developer of all rights and obligations under this Agreement shall be deemed ‘Developer’ for all purposes under this Agreement. SECTION 4. General Breach Unless stated elsewhere in this Agreement, Developer shall be in default under this Agreement if Developer breaches any term or condition of this Agreement. 2 Bernal Homes, Inc. Site Development Agreement In the event that such breach remains uncured after thirty (30) calendar days following receipt of written notice from the Town referencing this Agreement (or, if Developer has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than thirty (30) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both Parties mutually and in good faith), the Town shall have the right to terminate this Agreement immediately by providing written notice to Developer. 3 Bernal Homes, Inc. Site Development Agreement SIGNED AND EFFECTIVE on the date last set forth below. Bernal Homes, Inc. By: ________________________________ Name:______________________________ Title: _____________________________ TOWN OF WESTLAKE, TEXAS By: _______________________________________________ Amanda DeGan, Town Manager ATTEST: ______________________________________________________________________ Tanya Morris, Interim Town Secretary Date: _______________________________________________ ________________________________________________________________________ Stan Lowry, Town Attorney Date: _______________________________________________