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HomeMy WebLinkAboutRes 19-33 Approving an Economic Development Agreement with Waterside Land Company LLC regarding Spencer Ranch Development PD 7 TOWN OF WESTLAKE RESOLUTION NO. 19-33 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS WITH WATERSIDE LAND COMPANY, LLC, FOR PLANNED DEVELOPMENT DISTRICT 7, KNOWN AS SPENCER RANCH. WHEREAS, the Spencer Ranch residential development was approved by the Town Council by Ordinance 882 on May 20, 2019; and, WHEREAS, the Spencer Ranch Preliminary Site Evaluation was approved by the Town Council by Resolution 19-31 on September 30, 2019; and, WHEREAS, Waterside Land Company, LLC, as the owner of land located within the Town, intends to develop 37.798 acres (as defined herein), and the development and construction on such Land is expected to significantly enhance the economic base of the Town; and WHEREAS, Chapter 380 of the Texas Local Government Code allows the Town Council to create policies for economic development and any related grants or incentives. WHEREAS, Town has an updated economic development policy adopted by Resolution 16-30; and WHEREAS, the Town of Westlake (Town) and Waterside Land Company, LLC (the Owner) desire to enter into a partnership to continue this planned growth through an Economic Development Agreement for Subdivision Improvements, which sets out responsibilities for the Owner and the Town as it relates to the development in Westlake; 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 Economic Development Agreement for Subdivision Improvements 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. Resolution 19-33 Page 1 of 2 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. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 7TH DAY OF OCTOBER 2019. ATTEST: dt-"�/'/' /�Z� Carol K. Langdon ayor Pro Tem ( O��OF.wFsT� Kel Edw s, Town Secretary m APPROVED AS TO FORM: �; ..... FXAS Stanton Lowry, Town Attorney Resolution 19-33 Page 2 of 2 EXHIBIT A 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 WATERSIDE LAND CO., LLC (the "Owner"), for the purposes and considerations stated below. The Town and Owner are referred to from time to time as "Parties" herein. WHEREAS, the Town has established an economic development program as authorized by Resolution 16-30, adopted by the Town Council on August 22, 2016; and WHEREAS,in order to increase and enhance the local tax base and local economy in the Town, and to maximize the economic benefits of the Development (as defined below), Owner and/or one or more of its Affiliates has been permitted to sell lots for the construction of single family residential homes on 37.798 acres within the Spencer Ranch development. Section 1. RECITALS The Town and Owner hereby agree that the following statements are true and correct and constitute the basis upon which the Town and Owner have entered into this Agreement: A. The Town has concluded that this Agreement is authorized by Chapter 380 of the Texas Local Government Code,Article III,Section 52(a)of the Texas Constitution and is authorized by Resolution No. 16-30, adopted by the Town Council on August 22, 2016, and hereby made a part of this Agreement for all purposes, in which 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 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 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"). Resolution 19-33 Spencer Ranch Economic Development Agreement Page 1 of 12 B. Owner and/or one or more of its Affiliates is the owner of an approximately 37.798 acre residential property located in Planned Development District (PD7) to include primarily single family residential uses (the "Development"). C. The Town Council finds and determines that the Development will promote economic development and stimulate business and commercial activity consistent with the 380 Program, and that the Development will significantly expand the local tax base, enhance the local economy, and provide positive growth. 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: Section 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: Agreement shall mean this Development Agreement between the Town of Westlake and Waterside Land Co., LLC._ Affiliate shall mean all entities, incorporated or otherwise, under common control with, controlled by or controlling the Developer. For purposes of this definition, "control" means fifty percent(50%) or more of the ownership determined by either value or vote. Developer shall mean the Developer and/or its Affiliates or assigns. Development shall mean the single family detached residential development depicted on the Spencer Ranch Preliminary Site Evaluation, approved by the Town of Westlake Town Council on September 30, 2019. Town shall mean the Town of Westlake, Texas, and its officials assigned by the Town Manager to review and approve submittals in accordance with the Town of Westlake Code of Ordinances and published standards, restrictions, rules and regulations. Section 3. AGREEMENT - INCORPORATION OF RECITIALS The Town Council has found at a duly-called and legally-noticed public meeting through the adoption of Town Resolution No. 16-30, and hereby made apart of this Agreement for all purposes, and the Town and Owner and its Affiliates 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. Resolution 19-33 Spencer Ranch Economic Development Agreement Page 2 of 12 Section 4. 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 Spencer Ranch Development Agreement has been completed pursuant to Section C thereof. 2. Issuance by the Town of a Letter of Final Acceptance of the publicly dedicated improvements. 3. The payment of$5,000 by Developer to the Town of Westlake for Westlake Academy for every residential lot in the Development shown on its final recorded plat, which shall be paid prior to the recording of the final plat for the Development. 4. All Developer Obligations under this Agreement, Developer Agreement and Ordinance 882 must have been met. Section 5. TOWN'S AND OWNER'S OBLIGATIONS AND COMMITMENTS 5.1. Owner's Specific Obligations. Owner and/or one or more of its Affiliates will provide for sale from the Development residential lots for the construction of single family homes with a net minimum aggregate taxable value of$57(fifty-seven) million. A. Open Space,Lighting and Landscaping Plans 1. The dedication of one acre of park land is required for every thirty residential lots. This requirement will be satisfied with the final platting of the proposed development through dedication of approximately 3.0 acres of land that fronts on Pearson Lane that could be used as atrailhead. This land will be dedicated as public open space/parkland that will be privately owned and privately maintained through the HOA. 2. The Owner shall submit to the Town Manager, or their designee, an Open Space Plan, Lighting Plan and Landscape Plan that comply with all Town Ordinances, Codes, rules and regulations. Upon review by the Town Manager, or their designee,the Town Manager may approve or deny the submittal or refer the submittal to P&Z and or Council for review and approval. Resolution 19-33 Spencer Ranch Economic Development Agreement Page 3 of 12 3. The Owner or HOA shall maintain and be responsible for any and all costs (i) associated with, and necessary to provide, open space included in the Town approved Open Space Plan, (ii) for installation and maintenance of lighting improvements made by Developer pursuant to the Town approved Lighting Plan, and (iii) for making and maintenance of landscaping improvements made by Developer pursuant to the Town approved Landscaping Plan. 4. As part of the required development agreement,the developer shall, at a minimum, submit the following items: (1) development covenants, conditions and restrictions (CCR's) to be enforced by the homeowner's association (HOA), which should include HOA dues,duties and powers,transitional details providing for an orderly and highly transparent transition from the declarant to the HOA, and Town review of HOA dues to provide for adequacy of funding of maintenance of private infrastructure to Town standards by the HOA, which should include a pro forma demonstrating that the HOA dues structure is sufficient to provide adequate maintenance of all required HOA maintained amenities; (2) architectural design guidelines; (3) final landscaping details and maintenance; (4) homebuilder requirements and obligations; (5) regulation of public/guest parking spaces and maintenance; (6) cluster mailbox designs and locations; (7)parkland dedication. B. Maintenance of Improvements Following the expiration of 90 (ninety) days following the recording of the final plat for the Development: 1. Notwithstanding other requirements stated herein or any other official development documentation, the Owner and/or HOA shall perpetually maintain all streets, storm drains, ponds, amenities as identified in the approving zoning ordinance, parkland and public trails, and lighting, irrigation and landscape maintenance within the Pearson and Aspen Lane right-of-way adjacent to the perimeter of the development as depicted on the Spencer Ranch Preliminary Site Evaluation. C. Public Art and Town Entry Marker/Monument 1. Prior to submission of Final Plat the Developer agrees to submit a public art plan to be reviewed by the Town Manager or designee that provides a site to place the art at Spencer Ranch in the Public Open Space and a donation of$60,000.00 (lump sum) donation to the Public Art Program. Resolution 19-33 Spencer Ranch Economic Development Agreement Page 4 of 12 2. Dedicate a sign easement along Pearson Ln for Town entry marker/monument sign and supply always hot electrical for Town lighting. Section 6. DEFAULT, TERMINATION AND FAILURE BY OWNER TO MEET VARIOUS DEADLINES AND COMMITMENTS 6.1. Failure to Pay Town Taxes or Fees An event of default shall occur under this Agreement if during the term hereof any legally-imposed Town taxes or fees owed on, or generated by, the Owner or one of its Affiliates with regard to the Development become delinquent and Owner or the Affiliate does not either pay such taxes when due or follow the legal procedures for protest and/or contest of any such taxes. In this event,the Town shall notify Owner in writing and Owner 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 Owner and shall have all other rights and remedies that may be available to it under the law or in equity. 6.2. Violations of Town Code, State or Federal Law An event of default shall occur under this Agreement if during the term hereof any written citation is issued to Owner or an Affiliate due to the occurrence of a violation of a material provision of the Town Code with respect to the Development(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 Development, 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 further occur under this Agreement if the Owner or its Affiliate is in violation of any material state or federal law, rule or regulation on account of the Development, improvements in the Development or any operations thereon (including, without limitation, any violations related to the environmental condition of the Development; the environmental condition on other land or waters which is attributable to operations of the Development; or to other matters concerning the public health, safety or welfare related to the Development). Upon the occurrence of such default, the Town shall notify Owner in writing and Owner shall have (i) thirty (30) calendar days to cure such default or (ii) if Owner 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 Resolution 19-33 Spencer Ranch Economic Development Agreement Page 5 of 12 Agreement immediately by providing written notice to Owner and shall have all other rights and remedies that may be available to under the law or in equity. 6.3. General Breach Unless stated elsewhere in this Agreement, Owner shall be in default under this Agreement if Owner 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 Owner 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 Owner. 6.4. Effect of Breach The Town shall have no obligation to make the payment set forth in Section 5.2, above, during the pendency of any default by Owner hereunder and,in the event of the Town's termination of this Agreement for default prior to the Owner's satisfaction of its obligations under Section 5.1, shall be relieved from making such payment. The Town shall have no right to compel or carry out any required performance of Owner hereunder, nor shall the Town have any rights in the Development as a consequence hereof, and both parties specifically disclaim any right to consequential,indirect or punitive damages. Section 7. NO SERVANT, CONTRACTOR OR AGENCY RELATIONSHIP It is expressly understood and agreed that Owner shall not operate as a servant, contractor agent, representative or employee of the Town. Owner shall have the exclusive right to control all details and day-to-day operations relative to its operations and obligations that it is required to perform under the Agreement and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors., licensees and invitees. Owner acknowledges that the doctrine of respondeat superior will not apply as between the Town and Owner, or Town's officers, agents, servants, employees, contractors, subcontractors, licensees and invitees, Owner further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between the Town and Owner. Resolution 19-33 Spencer Ranch Economic Development Agreement Page 6 of 12 Section 8. INDEMNIFICATION OWNER, AT NO COST OR LIABILITY TO THE TOWN, AGREES TO DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, AGENTS, ATTORNEYS, SERVANTS AND EMPLOYEES (TOGETHER WITH THE TOWN, EACH A "TOWN INDEMNIFIED PERSON"), HARMLESS AGAINST ANY AND ALL THIRD PARTY CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES RELATED THERETO, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH,THAT RELATE TO,ARISE OUT OF OR ARE OCCASIONED BY (i) OWNERS'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT; OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF OWNER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE TOWN, OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES, CONTRACTORS OR SUBCONONTRACTORS), OR SUBCONTRACTORS ARISING OUT OF OWNER'S PERFORMANCE OF, OR FAILURE TO PERFORM, OWNER'S OBLIGATIONS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 8 SHALL REQUIRE DEVELOPER TO INDEMNIFY OR DEFEND FOR ANY CLAIMS ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE TOWN ENGINEER OR ANY TOWN INDEMNIFIED PERSON. Resolution 19-33 Spencer Ranch Economic Development Agreement Page 7 of 12 Section 9. 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,either by certified mail,postage prepaid,reputable overnight delivery service, or by hand delivery: Town: Owner: Town of Westlake WATERSIDE LAND CO., LLC Attn: Town Manager Attn: Paul Pastore 1500 Solana Blvd. 5055 Keller Springs Road Building 7, Suite 7200 Addison, TX 75601 Westlake, TX 76262 With Copies to: With Copies to: Boyle & Lowry, L.L.P. Watson Law Group, PLLC Attn: L. Stanton Lowry Attn: Monty Watson 4201 Wingren Drive, Suite 108 4925 Greenville Avenue, Suite 717 Irving, TX 75062 Dallas, TX 75206 Section 10. ASSIGNMENT AND SUCCESSORS Owner may at any time after 120 (one-hundred twenty) calendar days following the Effective Date transfer or otherwise convey all of its rights and obligations under this Agreement to any successor owner of the Development, provided that in the event that Owner transfers more than fifty percent (50%) of the Development prior to fulfillment of the public infrastructure improvements and Developer's responsibilities identified in the Developer Agreement and intends for its successor to carry out or complete construction of the improvements, the Town's consent to such transfer may be conditioned on the Town's receipt of reasonable evidence that such successor has the financial capacity to complete Owner's requirements under Developer Agreement for the Development. Subject to the foregoing limitations, any lawful successor and assignee of rights and obligations under this Agreement shall be deemed an "Owner" for all purposes under this Agreement with respect to the portion of the Development conveyed to such successor. In the event of any conveyance and assignment by Owner of one or more, but not all, tracts contained in the Development, the parties acknowledge that the rights and obligations of Owner's successor shall apply only to the tracts transferred to such successor, and that such successor shall not be liable to the Town for the rights or obligations of the Owner or any other tract. Upon the request of any such successor,the Town shall execute a recordable instrument evidencing such severance of the rights and obligations hereunder. Resolution 19-33 Spencer Ranch Economic Development Agreement Page 8 of 12 Section 11. 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. Section 12. GOVERNMENTAL POWERS It is understood that by execution of this Agreement,the Town does not waive or surrender any of its governmental powers or immunities that are outside of the terms, obligations, and conditions of this Agreement. Section 13. 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. Section 14. 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. Section 15. NO THIRD PARTY RIGHTS The provisions and conditions of this Agreement are solely for the benefit of the Town and Owner, and any lawful assign or successor of Owner, and are not intended to create any rights,contractual or otherwise,to any other person or entity. Section 16. FORCE MAJEURE It is expressly understood and agreed by the Parties to this Agreement that if the performance of any obligation hereunder, other than those obligations contained in Section 5 of this Agreement, is delayed by reason of war, civil commotion, acts of God, inclement weather that prohibits compliance with any portion of this Agreement, 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 Resolution 19-33 Spencer Ranch Economic Development Agreement Page 9 of 12 requirement shall be extended for a period of time equal to the period such party was delayed. Section 17. 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 parry, regardless of the actual drafter of this Agreement. Section 18. 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. Section 19. CAPTIONS Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. Section 20. ENTIRETY OF AGREEMENT This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference and the Developer Agreement contains the entire understanding and agreement between the Town and Owner, and any lawful assign and successor of Owner,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. Section 21. 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. Resolution 19-33 Spencer Ranch Economic Development Agreement Page 10 of 12 [Signature page follows] Resolution 19-33 Spencer Ranch Economic Development Agreement Page 11 of 12 EXECUTED as of the last date indicated below: TOWN OF WESTLAKE WATERSIDE LAND CO.,� � LLC / ice ' By: """ By: Amanda DeGan Paul- ass e Town Manager President Date: I D .� 11�i Date: APPROVED AS TO FORM AND LEGALITY: By "4&, &aa L. Stanton Lowry Town Attorney Resolution 19-33 Spencer Ranch Economic Development Agreement Page 12 of 12 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-547195 Waterside Land Co. LLC Addison,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/02/2019 being filed. Town of Westlake Date Acknowledged: 10/03/2019 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2019-6&2019-7 Land Development 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is and my date of birth is My address is 1 , (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d Form TCG 2270 VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2279 By signing below, Company herby verifies the following: 1. Company does not boycott Israel; and 2. Company will not boycott Israel during the term of the contract. 7, SIGNED BY: Iq __J A4 Print Name of Person: Pot (-.i A l 6 f^ ' Signing,Title, and y Company 4 Ql,n 0, �il f/C i-� u_/a_'��Q.�S'�C Date signed: 9 STATE OF TEXAS § COUNTY OF hoc I ktS § L�1 BETE,,Vt , the Wridersigned Notary Public on this day personally appeared �{���/G i0l)f (Name), on behalf ofik)-`IC`S��xr d(00Company) who being duly sworn, stated under oath that he/she has read the foregoing verification required by Texas Government Code Section 2270.002 and said statements contained therein are true and correct.. I / SWORN AND S BSCRIBED TO before me,this,c. /'4� day of VLif� , 20/9 . PAMELA DEE RODRIGUEZ Notary Public,State of Texas s +e� Comm.Expires 02 07 2021 NOTARY OF' PUBLIC, 0 NotarY ID 129297090;,,,,% FOR THE STATE OF TEXAS "Fr r_xplleb. Government Code§2270.002. Provision Required in Contract Effective: September 1, 2017 A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The following definitions apply: (1)"Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. (2) "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. (3) "Governmental entity" means a state agency or political subdivision of this state. State law requires verification from a Company for contracts involving goods or services (regardless of the amount) before the City can enter into the contract. Contract identifier: ')U�C 1- 1p Department: CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-547195 Waterside Land Co. LLC Addison,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/02/2019 being filed. Town of Westlake Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2019-6&2019-7 Land Development Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION ��� j I �L My name is L= i(L r and my dale of birth is { �✓Y��'1 fct My address is 7 J ;L- ! � 4 - J (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and.correct. Executed in D IL )` County, Slate of �!( J ,on lh day 20 . (month) (year) Signature of author*d-aqAt of contracting business entity Forms provided by Texas Ethics Commission www.ethics.state.tx.usi Version V1.1.3a6aaf7d