HomeMy WebLinkAboutRes 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
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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
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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
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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
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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
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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
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EXHIBIT "A-1"
Resolution • 1
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