HomeMy WebLinkAbout08-10-09 TC Wkshp Packet
TOWN OF WESTLAKE, TEXAS
Mission Statement
On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community
that blends our rural atmosphere with our rich culture and urban location.
Westlake, Texas – A Premier Knowledge Based Community
TOWN COUNCIL WORKSHOP
A G E N D A
August 10, 2009
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE
MUNICIPAL COURT ROOM, SUITE 207
5:00 p.m.
1. CALL TO ORDER.
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM AUGUST 10,
2009, COUNCIL REGULAR MEETING AGENDA.
3. DISCUSS PROPOSED ECONOMIC DEVELOPMENT AGREEMENT WITH
THE SOLANA MARRIOTT HOTEL.
4. EXECUTIVE SESSION.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.074 to discuss personnel matters. Discuss employment of Town
Secretary.
Town of Westlake Town Council Page 2 of 2
Workshop Agenda
August 10, 2009
b. Sec. 551.071(2)- Consult with the Town Attorney regarding a Roadway Funding
Agreement with Roland Arthur.
c. Sec. 551.072- Property- Deliberate the sale, exchange, or value of real property-
FM 1938 ROW
5. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council member making the request will contact the Town
Manager with the requested item and the Town Manager will list it on the agenda. At the
meeting, the requesting Council member will explain the item, the need for Council
discussion of the item, the item’s relationship to the Council’s strategic priorities, and the
amount of estimated staff time necessary to prepare for Council discussion. If the
requesting Council member receives a second, the Town Manager will place the item on
the Council agenda calendar allowing for adequate time for staff preparation on the
agenda item.
- None
6. ADJOURNMENT.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS
IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076
AND SECTION 551.87 OF THE TEXAS GOVERNMENT CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by Friday,
August 7, 2009, by 4:30 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code.
_____________________________________
Kim Sutter, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town
Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you.
2. CONSENT AGENDA: All items listed below are considered routine by the
Town Council and will be enacted with one motion. There will be no separate
discussion of items unless a Council Member or citizen so requests, in which
event the item will be removed from the general order of business and considered
in its normal sequence.
a. Review and approve minutes of the Town Council Workshop and Regular
meeting held on July 13, 2009.
b. Consider an Ordinance approving a negotiated resolution between the
ATMOS Cities Steering Committee (“ACSC” or “Steering Committee”) and
ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" or
"company") regarding the company's rate review mechanism.
c. Consider a Resolution authorizing the Town Manager to enter into an
agreement with the State of Texas Department of Transportation (TxDOT) as
a “blanket” agreement for the construction, maintenance and operation of
safety lighting within the Town of Westlake.
d. Consider a Resolution approving an amended Fees and Use Schedule.
e. Consider a Resolution authorizing the Westlake Public Art Society to proceed
with the process of applying for 501(c)3 status with the Internal Revenue
Service.
f. Consider a Resolution reducing the number of members serving on the
Westlake Historical Preservation Society.
g. Consider a Resolution authorizing the Town Manager to enter into a contract
with Building Code Consulting Services for third-party inspections and plan
review services for the Deloitte Conference Center project.
h. Consider a Resolution authorizing an amendment to the Pivot Building
Service agreement for janitorial services at the Westlake Civic Campus.
Town of
Westlake
Item # 2 –
Review of Consent
Agenda Items
1
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Workshop Meeting of August 10, 2009
Date: August 4, 2009
ITEM
Discuss proposed economic development agreement with the Solana Marriott Hotel.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
o Tourism development
BACKGROUND
The Town collects a 15% hotel/motel occupancy tax and in the past has agreed to
participate in the cost of bus transportation to and from the Solana Marriott. The Town’s
current participation has been limited to $56,000, under Chapter 380 of the Texas Local
Government Code, Article III, Section 52-a, which is designed to improve tourism in
Westlake.
With the current economic environment causing a decrease in business travel, the Town
is working with the Marriott Hotel on a new economic development agreement modeled
after a program in Addison, which allows the Solana Marriott to discount the room rates
in order to generate new business and/or maintain existing group sales.
This agreement will allow the Solana Marriott to compete aggressively with other area
venues for a currently shrinking market while helping support the long-term vision point
and strategic plan for Hospitality Finds its Home in Westlake and the key result area of
increasing tourism.
This draft agreement has been forwarded to the Marriott Solana General Manager Nour
Laasri for his review as well.
FUNDING
The Town of Westlake will participate by granting back to the Marriott, up to 75% of the
hotel/motel occupancy tax, for group sales business that meets the requirements outlined
2
in the agreement a follows:
1. Minimum $10,000 in room night revenues
2. Maximum of $5,000 discount
3. Westlake receives appropriate sponsorship recognition on all correspondence
4. A maximum usage of twice per eighteen (18) months per organization unless
prior authorization by the Town.
RECOMMENDATION
Staff recommends that the Council review the attached draft agreement and provide
additional feedback to staff for further direction prior to our presentation for approval.
ATTACHMENTS
Proposed Economic Development Program Agreement with the Solana Marriott Hotel
Exhibit A and C to Proposed Agreement
Page 1
Economic Development Program Agreement
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
This ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
(“Agreement”) is entered into by and between the TOWN OF WESTLAKE, TEXAS
(the “Town”), a Type-A general law municipal corporation organized under the laws of
the State of Texas, and MARRIOTT HOTEL SERVICES, INC. D/B/A
DALLAS/FT.WORTH MARRIOTT SOLANA, (“Marriott:), a
__________________. The Town and Marriott are collectively referred to as the
“Parties”.
RECITALS
The Town and Marriott hereby agree that the following statements are true and
correct and constitute the basis upon which the Town and Marriott have entered into this
Agreement:
A. Marriott owns and operates a ______ room, full-service hotel located at 5
Village Circle, Westlake, Texas,(the “Hotel”) The Hotel provides a valuable catalyst for
visitors, tourism and economic development to the Town.
B. In order to increase visitors and tourism, and to maximize the economic
benefits that the Hotel can bring to the Town, the Town and Marriott desire to enter into
this Agreement.
C. In accordance with Resolution No. 06-19, adopted by the Town Council
on May 8, 2006, attached hereto as Exhibit “A” and hereby made a part of this
Agreement for all purposes, the Town has established an economic development
incentive policy and program pursuant to which the Town will, on a case-by-case basis,
offer economic incentive packages authorized by Chapter 380 of the Texas Local
Government Code, Article III, Section 52-a of the Texas Constitution, and other
applicable laws, that include monetary loans and grants of public money, as well as the
provision of personnel and services of the Town, to businesses and entities that the Town
Council determines will promote state or local economic development and stimulate
business and commercial activity in the Town in return for verifiable commitments from
such businesses or entities to cause specific infrastructure, employment and other public
benefits to be made or invested in the Town (the “380 Program”).
D. The Town Council has determined that by entering into this Agreement,
the potential increase of visitors and tourism and economic benefits that will accrue to the
Town under the terms and conditions of this Agreement are consistent with the Town’s
economic development objectives and the 380 Program and will further the goals for
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Economic Development Program Agreement
positive economic growth, visitors and tourism in the Town. This Agreement is
authorized by Chapter 380 of the Texas Local Government Code and the 380 Program.
NOW, THEREFORE, in consideration of the mutual benefits and promises
contained herein and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. INCORPORATION OF RECITALS.
The Town Council has found at a duly-called and legally-noticed public meeting
through the adoption of Town Resolution No. ________, attached hereto as Exhibit “B”
and hereby made a part of this Agreement for all purposes, and the Town and Marriott
hereby agree, that the recitals set forth above are incorporated herein and true and correct
and form the basis upon which the Parties have entered into this Agreement.
2. DEFINITIONS.
In addition to terms defined in the body of this Agreement, the following terms
shall have the definitions ascribed to them as follows:
380 Program has the meaning ascribed to it in Recital C.
Affiliate means all entities, incorporated or otherwise, under common control
with, controlled by or controlling Marriott. For purposes of this definition, “control”
means fifty percent (50%) or more of the ownership determined by either value or vote.
Program Grants means the annual allowable economic development grants paid
(whether in one or multiple installments) by the Town to Marriott in accordance with this
Agreement and as part of the 380 Program.
Program Source Funds means an amount of Town funds legally available for
inclusion in a Program Grant that is payable to Marriott in a given Program Year, which
shall be derived from hotel occupancy taxes generated by the Hotel and received by the
Town pursuant to Chapter 351 of the Texas Tax Code, or other legally available funds of
the Town.
Program Year means a calendar year in which the Town is obligated pursuant to
this Agreement to pay Marriott a Program Grant, beginning with the first full calendar
year following the execution of this Agreement.
Quarterly Report has the meaning ascribed to it in Section 4.2.
Records has the meaning ascribed to it in Section 4.3.
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Economic Development Program Agreement
Term has the meaning ascribed to it in Section 3.
Town of Westlake Hotel Support Program has the meaning ascribed to it in
Section 4.1.
3. TERM.
This Agreement shall be effective as of the date of execution by the Parties (the
“Effective Date”) and, unless terminated earlier in accordance with this Agreement, shall
expire one (1) year from the Execution Date..
4. TOWN AND MARRIOTT’S OBLIGATIONS AND COMMITMENTS.
4.1. Town of Westlake Hotel Support Program
The Town of Westlake Hotel Support Agreement, attached hereto as
Exhibit “C” and hereby made a part of this Agreement for all purposes
(the “Hotel Support Agreement”) details the obligations of Marriott to
receive, and the Town to grant, the Program Grants from the Program
Source Funds during the Program Year.
4.2. Reports and Filings.
On a quarterly basis during the Term, Marriott shall submit a written
report to the Town specifically delineating its compliance with this
Agreement (the “Quarterly Report”). The Quarterly Report shall be
received by the Town Manager no later than thirty (30) days from the end
of each three (3) month quarter.
4.3. Audits.
The Town will have the right throughout the Term to audit the financial
and business records of Marriott that relate to the performance of this Agreement
and any other documents necessary to evaluate Marriott’ compliance with this
Agreement or with the goals set forth in this Agreement, including, but not
limited to construction documents and invoices (collectively “Records”).
Marriott shall make all Records available to the Town at the Hotel or at another
location in the Town acceptable to both parties following reasonable advance
notice by the Town and shall otherwise cooperate fully with the Town during any
audit.
5. DEFAULT, TERMINATION AND FAILURE BY MARRIOTT TO MEET
VARIOUS DEADLINES AND COMMITMENTS.
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Economic Development Program Agreement
5.1. Continuous Operation. Following the Completion Date, if Marriott fails
to continuously operate a full-service hotel at 5 Village Circle, Westlake, Texas,
76262, the Town shall have the right to terminate this Agreement by providing
written notice to Marriott without further obligation to Marriott hereunder.
5.2. Failure to Pay Town Taxes or Fees.
An event of default shall occur under this Agreement if any legally-
imposed Town taxes or fees owed on, or generated by, the hotel become
delinquent and Marriott or the Affiliate does not either pay such taxes or follow
the legal procedures for protest and/or contest of any such taxes. In this event, the
Town shall notify Marriott in writing and Marriott shall have sixty (60) calendar
days to cure such default. If the default has not been fully cured by such time, the
Town shall have the right to terminate this Agreement immediately by providing
written notice to Marriott and shall have all other rights and remedies that may be
available to it under the law or in equity.
5.3 Violations of Town Code, State or Federal Law.
An event of default shall occur under this Agreement if any written
citation is issued to Marriott or an Affiliate due to the occurrence of a violation of
a material provision of the Town Code at the Hotel (including, without limitation,
any violation of the Town’s Building or Fire Codes and any other Town Code
violations related to the environmental condition of the Hotel; the environmental
condition other land or waters which is attributable to operations on the Hotel; or
to matters concerning the public health, safety or welfare) and such citation is not
paid or the recipient of such citation does not properly follow the legal procedures
for protest and/or contest of any such citation. An event of default shall occur
under this Agreement if the Town is notified by a governmental agency or unit
with appropriate jurisdiction that Marriott or an Affiliate, or any successor in
interest thereto, any third party with access to the Hotel pursuant to the express or
implied permission of Marriott or an Affiliate, or any a successor in interest
thereto, is in violation of any material state or federal law, rule or regulation on
account of the Hotel, improvements on the Hotel or any operations thereon
(including, without limitation, any violations related to the environmental
condition of the Hotel; the environmental condition other land or waters which is
attributable to operations on the Hotel; or to matters concerning the public health,
safety or welfare). Upon the occurrence of such default, the Town shall notify
Marriott in writing and Marriott shall have (i) thirty (30) calendar days to cure
such default or (ii) if Marriott has diligently pursued cure of the default but such
default is not reasonably curable within thirty (30) calendar days, then such
amount of time that the Town reasonably agrees is necessary to cure such default.
If the default has not been fully cured by such time, the Town shall have the right
to terminate this Agreement immediately by providing written notice to Marriott
and shall have all other rights and remedies that may be available to under the law
or in equity.
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Economic Development Program Agreement
5.4. Knowing Employment of Undocumented Workers.
Marriott acknowledges that effective September 1, 2007, the Town is
required to comply with Chapter 2264 of the Texas Government Code, enacted by
House Bill 1196 (80th Texas Legislature), which relates to restrictions on the use of
certain public subsidies. Marriott hereby certifies that Marriott, and any
branches, divisions, or departments of Marriott, does not and will not knowingly
employ an undocumented worker, as that term is defined by Section 2264.001(4)
of the Texas Government Code. In the event that Marriott, or any branch,
division, or department of Marriott, is convicted of a violation under 8 U.S.C.
Section 1324a(f) (relating to federal criminal penalties and injunctions for a
pattern or practice of employing unauthorized aliens):
• if such conviction occurs during the Term of this Agreement, this
Agreement shall terminate contemporaneously upon such conviction
(subject to any appellate rights that may lawfully be available to and
exercised by Marriott) and Marriott shall repay, within one hundred
twenty (120) calendar days following receipt of written demand from the
Town, the aggregate amount of the Program Grants received by Marriott
hereunder, if any, plus Simple Interest at a rate of four percent (4%) per
annum; or
• if such conviction occurs after expiration or termination of this
Agreement, subject to any appellate rights that may lawfully be available
to and exercised by Marriott, Marriott shall repay, within one hundred
twenty (120) calendar days following receipt of written demand from the
Town, the aggregate amount of the Program Grants received by Marriott
hereunder, if any, plus Simple Interest at a rate of four percent (4%) per
annum.
For the purposes of Section 6.5, “Simple Interest” is defined as a rate of interest
applied to the aggregate amount of the Program Grants. This Section 6.5 does not
apply to convictions of any subsidiary or affiliate entity of Marriott, by any
franchisees of Marriott, or by a person or entity with whom Marriott contracts.
Notwithstanding anything to the contrary herein, this Section 6.5 shall survive the
expiration or termination of this Agreement.
5.5. Failure to Submit Reports.
Without limiting the application of Section 5.6, if Marriott fails to submit
any report required by and in accordance with Section 4.2, the Town’s obligation
to pay any Program Grants at the time, if any, shall be suspended until Marriott
has provided all required reports.
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Economic Development Program Agreement
5.6. General Breach.
Unless stated elsewhere in this Agreement, Marriott shall be in default
under this Agreement if Marriott breaches any term or condition of this
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 Marriott 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 Marriott.
6. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP.
It is expressly understood and agreed that Marriott shall not operate as an
independent contractor or as an agent, representative or employee of the Town. Marriott
shall have the exclusive right to control all details and day-to-day operations relative to
the Hotel Support Program and shall be solely responsible for the acts and omissions of
its officers, agents, servants, employees, contractors, subcontractors, licensees and
invitees. Marriott acknowledges that the doctrine of respondeat superior will not apply
as between the Town and Marriott, its officers, agents, servants, employees, contractors,
subcontractors, licensees, and invitees. Marriott further agrees that nothing in this
Agreement will be construed as the creation of a partnership or joint enterprise between
the Town and Marriott.
7. INDEMNIFICATION.
MARRIOTT, AT NO COST OR LIABILITY TO THE TOWN, AGREES TO
DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS, AGENTS,
ATTORNEYS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND
ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO MARRIOTT’ BUSINESS
AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,
INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE
OCCASIONED BY (i) MARRIOTT’ BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT; OR (ii) ANY ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF MARRIOTT, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE TOWN, OR
ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES, CONTRACTORS OR
SUBCONTRACTS), OR SUBCONTRACTORS DUE OR RELATED TO OR ARISING
FROM OPERATION AND CONDUCT OF THE HOTEL SUPPORT PROGRAM OR
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Economic Development Program Agreement
OTHERWISE TO THE PERFORMANCE OR OBLIGATIONS OF THIS
AGREEMENT.
8. NOTICES.
All written notices called for or required by this Agreement shall be addressed to
the following, or such other party or address as either party designates in writing, by
certified mail, postage prepaid, or by hand delivery:
Town: Marriott:
Town of Westlake _______________________________
Attn: Town Manager _______________________________
3 Village Circle, #202 _______________________________
Westlake, Texas 76262 ____________________________________
With Copies to (which shall not
constitute notice):
Boyle & Lowry, L.L.P.
Attn: L. Stanton Lowry
4201 Wingren Dr., Suite 108
Irving, Texas 75062
9. ASSIGNMENT AND SUCCESSORS.
Marriott may at any time assign, transfer or otherwise convey any of its rights or
obligations under this Agreement to an Affiliate without the approval of the Town so
long as Marriott, the Affiliate and the Town first execute an agreement under which the
Affiliate agrees to assume and be bound by all covenants and obligations of Marriott
under this Agreement. Otherwise, Marriott 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, conditioned on (i) the prior approval of the assignee
or successor and a finding by the Town Council that the proposed assignee or successor is
financially capable of meeting the terms and conditions of this Agreement and (ii) prior
execution by the proposed assignee or successor of a written agreement with the Town
under which the proposed assignee or successor agrees to assume and be bound by all
covenants and obligations of Marriott under this Agreement. Any attempted assignment
without the Town Council’s prior consent shall constitute a breach and be grounds for
termination of this Agreement and following receipt of written notice from the Town to
Marriott. Any lawful assignee or successor in interest of Marriott of all rights under this
Agreement shall be deemed “Marriott” for all purposes under this Agreement.
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Economic Development Program Agreement
10. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND
REGULATIONS.
This Agreement will be subject to all applicable federal, state and local laws,
ordinances, rules and regulations, including, but not limited to, all provisions of the
Town’s codes and ordinances, as amended.
11. GOVERNMENTAL POWERS.
It is understood that by execution of this Agreement, the Town does not waive or
surrender any of it governmental powers or immunities that are outside of the terms,
obligations, and conditions of this Agreement.
12. NO WAIVER.
The failure of either party to insist upon the performance of any term or provision
of this Agreement or to exercise any right granted hereunder shall not constitute a waiver
of that party’s right to insist upon appropriate performance or to assert any such right on
any future occasion.
13. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas – Fort Worth Division. This Agreement shall be construed in accordance with the
laws of the State of Texas.
14. NO THIRD PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the
Town and Marriott, and any lawful assign or successor of Marriott, and are not intended
to create any rights, contractual or otherwise, to any other person or entity.
15. FORCE MAJEURE.
It is expressly understood and agreed by the Parties to this Agreement that if the
performance of any obligations hereunder is delayed by reason of war, civil commotion,
acts of God, inclement weather, or other circumstances which are reasonably beyond the
control or knowledge of the party obligated or permitted under the terms of this
Agreement to do or perform the same, regardless of whether any such circumstance is
similar to any of those enumerated or not, the party so obligated or permitted shall be
excused from doing or performing the same during such period of delay, so that the time
period applicable to such requirement shall be extended for a period of time equal to the
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Economic Development Program Agreement
period such party was delayed. Notwithstanding anything to the contrary herein, it is
specifically understood and agreed that Marriott’ failure to obtain adequate financing to
complete the Required Improvements by the Completion Deadline shall not be deemed to
be an event of force majeure and that this Section 16 shall not operate to extend the
Completion Deadline in such an event.
16. INTERPRETATION.
In the event of any dispute over the meaning or application of any provision of
this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither
more strongly for or against any party, regardless of the actual drafter of this Agreement.
17. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the
Parties that sections, paragraphs, clauses and phrases of this Agreement are severable,
and if any phrase, clause, sentence, paragraph or section of this Agreement shall be
declared unconstitutional or illegal by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality or illegality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Agreement since the
same would have been executed by the Parties without the incorporation in this
Agreement of any such unconstitutional phrase, clause, sentence, paragraph or section. It
is the intent of the Parties to provide the economic incentives contained in this Agreement
by all lawful means.
18. CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
19. ENTIRETY OF AGREEMENT.
This Agreement, including any exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement
between the Town and Marriott, and any lawful assign and successor of Marriott, as to
the matters contained herein. Any prior or contemporaneous oral or written agreement is
hereby declared null and void to the extent in conflict with any provision of this
Agreement. Notwithstanding anything to the contrary herein, this Agreement shall not be
amended unless executed in writing by both parties and approved by the Town Council of
the Town in an open meeting held in accordance with Chapter 551 of the Texas
Government Code.
20. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
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Economic Development Program Agreement
EXECUTED as of the last date indicated below:
TOWN OF WESTLAKE: _______________________________
_______________________________
a Texas_________________________
By: By:
Thomas E. Brymer _____________________________
Town Manager _____________________________
Date: Date:
APPROVED AS TO FORM AND LEGALITY:
By:
L. Stanton Lowry
Town Attorney
H:\Boyle-Lowry\BEDFORD\bfd-agreements\wl-agr econ dev agr Marriott.DOC
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Economic Development Program Agreement
EXHIBITS
“A” – Town of Westlake Resolution No. 06-19
“B” – Town of Westlake Resolution No. 09-XX
“C” – Town of Westlake Hotel Support Program
TOWN OF WESTLAKE HOTEL SUPPORT PROGRAM
Description: A cooperative marketing program designed to assist the Dallas/Fort Worth Marriott Solana Hotel.
The groups can be new business or groups that have previously met at the hotel but are considering other hotels.
The Town of Westlake and the hotel share in the cost of providing an amenity that will encourage the group to
choose Westlake as their destination.
Guidelines:
¾ Requests for funds shall be submitted at the bid time, not after the group has made their decision to book at
the hotel.
¾ Applications submitted for groups by the Sales Manager that take place in the current fiscal year or future
years.
¾ An application for group business, under this agreement, may not be booked by the same organization more
than twice in an eighteen (18) month period without prior approval from the Town of Westlake.
¾ Proposed group business shall book a minimum of $10,000 in room night revenue.
¾ A maximum of $5,000 is available to each group.
¾ The Town of Westlake shall receive sponsor recognition in all correspondence and at the meeting/convention
in an appropriate manner.
¾ The following list of amenities shall be approved for funding. Items not listed below will be evaluated on an
individual basis and approved by the Westlake Town Council if the Westlake Town Manager deems it
necessary.
Food and Beverage Events: Breakfast, lunch, dinner, cocktail receptions, etc.
Meeting Support: Audiovisual equipment, rentals.
Promotional: Program ad, welcome banners, participant bags, and VIP gifts.
Staff Support: Letters to group from Mayor, Town Manager or other Westlake staff member, conducting
community tours, etc.
Procedures:
The Application shall include the following information before it will be reviewed by the General Manager
Hotel Information: Date of Application, Name of Hotel, Sales Manager and Phone Number.
Group Information: Group Name, Contact Name, Address, Phone Number, Program Dates, Estimated
Rooms Nights, Estimated Room Night Revenue, Estimated Catering Revenue, Estimated Outlet Revenue.
VISITOR SERVICES (817) 430-0941 – Fax (817) 430-1812
3 Village Circle Suite #202 Westlake, TX 76262
Page 2 of 2
Town of Westlake Hotel Support Program
Signatures: The Application shall be signed by the hotel Sales Manager and Director of Sales prior to it being
submitted for approval. The Application shall be approved by the Town Manager for the Town of Westlake
within ten days providing that all of the requested information is received.
¾ Once the Application has been approved, a confirmation letter will be sent to the Sales Manager of the hotel
confirming fund amount.
¾ Since funds are reserved for every Application that is approved, the hotel shall inform the Town of Westlake
with a quarterly report of amount on said efforts.
Quarterly Report sent to:
Town Manager
Town of Westlake
3 Village Circle Suite #202
Westlake, TX 76262
817-430-0941
817-430-1812 FAX
4. EXECUTIVE SESSION.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.074 to discuss personnel matters. Discuss employment of Town
Secretary.
b. Sec. 551.071(2)- Consult with the Town Attorney regarding a Roadway Funding
Agreement with Roland Arthur.
c. Sec. 551.072- Property- Deliberate the sale, exchange, or value of real property-
FM 1938 ROW
Town of
Westlake
Item # 4 –
Executive Session
5. FUTURE AGENDA ITEMS: Any Council member may request at a workshop
and / or Council meeting, under “Future Agenda Item Requests”, an agenda item
for a future Council meeting. The Council Member making the request will
contact the Town Manager with the requested item and the Town Manager will
list it on the agenda. At the meeting, the requesting Council Member will explain
the item, the need for Council discussion of the item, the item’s relationship to the
Council’s strategic priorities, and the amount of estimated staff time necessary to
prepare for Council discussion. If the requesting Council Member receives a
second, the Town Manager will place the item on the Council agenda calendar
allowing for adequate time for staff preparation on the agenda item.
- None
Town of
Westlake
Item # 5 –
Future Agenda
Items
Council Planning Calendar
Items not scheduled for a specific meeting are listed here (require discussion):
Date Contact Description Format
5/23/08 J. Greenwood Southlake Waterline Proposal Workshop
5/30/08 T. Meyer Cemetery Rules and Regulations Workshop
7/29/08 T. Meyer Park and Rec. Adv. Board Workshop
1/13/09 T. Brymer Deloitte Status Presentation Workshop
4/27/09 E.Edwards Noise Regulations/Ordinance revision Wrkshp/Mtg?
August 31, 2009, Meeting (submittal deadline August 20) 7 p.m.
Date Contact Description Format
6/3/09 Brymer/Piper Present Proposed 09‐10 Municipal Budget Wkshp/mtg?
7/23/09 J. Greenwood FEMA Flood Insurance Rate Map Adoption ‐ Ord. (consent) Meeting
5/4/09 T.Brymer Marriott Agreement for approval Meeting
7/28/09 K. Sutter Appointment to the Westlake Academy Foundation (Cox) Meeting
8/3/09 T. Brymer Capital Improvement Plan Presentation and Approval Wkshp/Mtg
8/6/09 J. Greenwood Tarrant County ILA – FM1938 Meeting
8/6/09 T. Meyer Trail System Updte Workshop
September 21, 2009, Meeting (submittal deadline September 10) 7 p.m.
Date Contact Description Format
7/1/09 T. Brymer & D. Pip Adopt Town Budget for FY 2009/2010 Meeting
October 5, 2009, Meeting (submittal deadline September 24) 7 p.m.
Date Contact Description Format
October 26, 2009, Meeting (submittal deadline October 15) 7 p.m.
Date Contact Description Format
August 2009 4 Sept. 2009 5 Oct 2009 6
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa
1 1 2 3 4 5 1 2 3
2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10
9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17
16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24
23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31
30 31
Council Meeting Holiday
Trustees Meeting Election Day
Council and Trustees Meeting First/Last day of School
Town of
Westlake
Item # 6 –
Adjournment
Back up material has not
been provided for this item.