2010-002 . .
. .
OFFICIAL RECORD
RESOLUTION NO. 10-002
A RESOLUTION OF THE CITY OF SOUTHLAKE,TEXAS, APPROVING
THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE
ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND
COMMERCIAL ACTIVITY IN THE CITY;AUTHORIZING THE MAYOR
TO EXECUTE AN AMENDED AGREEMENT WITH SOUTHLAKE LAND
HOLDINGS, L.P.,A TEXAS LIMITED PARTNERSHIP,BY SOUTHLAKE
LAND HOLDINGS GP,L.L.C.A TEXAS LIMITED LIABILITY COMPANY,
ITS GENERAL PARTNER FOR SUCH PURPOSES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,Chapter 380 of the Texas Local Government Code authorizes municipalities to
establish and provide for the administration of programs that promote economic development and
stimulate business and commercial activity in the City; and
WHEREAS,On November 7,2007 the City Council approved a Chapter 380 Agreement by
and between the City of Southlake and Southlake Land Holdings, L.P. ("Southlake Medical") to
promote economic development and stimulate business and commercial activity in the City; and
WHEREAS,On August 4,2009 the City Council approved Amendment One to the Chapter
380 Agreement by and between the City of Southlake and Southlake Medical to promote economic
development and stimulate business and commercial activity in the City; and
WHEREAS,the City Council has been presented with a proposed Chapter 380 Agreement—
Amendment Two by and between the City of Southlake and Southlake Medical, a copy of which is
attached hereto as Exhibit"A"and incorporated herein by reference(hereinafter called"Amendment
Two"); and
WHEREAS, upon full review and consideration of Amendment Two and all matters
attendant and related thereto,the City Council is of the opinion that Amendment Two will assist in
implementing a program whereby economic development will be promoted and business and
commercial activity will be stimulated in the City.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE,TEXAS,THAT:
SECTION 1.
The City Council finds that the terms of Amendment Two will promote economic
development and stimulate business and commercial activity in the City and otherwise meet the
criteria of Section 380.001 of the Texas Local Government Code.
Resolution 10-002—Southlake Regional Medical Center - 380 Agreement - Amendment Two
Approved 2010-01-05-Page 1 of 3
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SECTION 2.
The City Council hereby adopts amendments to the economic development program whereby the
City of Southlake will make economic development program payments to Southlake Medical,and
take other specified actions, in accordance with the terms outlined in the Chapter 380 Agreement,
Amendment One and Amendment Two.
SECTION 3.
The terms and conditions of Amendment Two,having been reviewed by the City Council of
the City of Southlake and found to be acceptable and in the best interest of the City and its citizens,
are hereby approved.
SECTION 4.
The Mayor is hereby authorized to execute the Amendment Two and all other documents in
connection therewith on behalf of the City substantially according to the terms and conditions set
forth in Amendment Two.
SECTION 5.
This Resolution shall become effective from and after its passage.
PASSED AND APPROVED this the 5th day of January, 2010
C
John Te , Ma r
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Resolution 10-002—Southlake Regional Medical Center - 380 Agreement - Amendment Two
Approved 2010-01-05-Page 2 of 3
EXHIBIT A
Chapter 380 Agreement -- Amendment Two
Resolution 10-002—Southlake Regional Medical Center - 380 Agreement - Amendment Two
Approved 2010-01-05 - Page 3 of 3
SOUTHLAKE REGIONAL MEDICAL CENTER
Chapter 380 Agreement—Amendment Two
THIS AMENDMENT TWO TO ECONOMIC DEVELOPMENT AGREEMENT("Amendment
Two") is executed between the City of Southlake,Texas(the"City")and Southlake Land Holdings, L.P.,
a Texas limited partnership("Southlake Medical").
Witnesseth
WHEREAS, On November 6, 2007, the City adopted Resolution No. 07-016 (the
"Resolution") establishing an Economic Development Program pursuant to Section 380.001 of
the Texas Local Government Code ("Section 380.001") and authorizing the Economic
Development Program Agreement between the parties ("Chapter 380 Agreement") as part of the
Economic Development Program established by City Council Resolution (the "Program"); and
WHEREAS, On August 4, 2009, the City adopted Resolution No. 09-128 adopting
amendments to the Chapter 380 Agreement("Amendment One"); and
WHEREAS, Southlake Medical and the City wish to amend the Chapter 380 Agreement
and Amendment One; and
WHEREAS, the City Council of the City of Southlake (the "City Council") finds and
determines that this Amendment Two to the Chapter 380 Agreement will effectuate the purposes
set forth in the Program, and that Southlake Medical's performance of its obligations herein and
in the Chapter 380 Agreement will promote local economic development and stimulate business
and commercial activity in the City.
NOW, THEREFORE, in consideration of the mutual benefits and premises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Unless otherwise defined herein, the terms used in this Amendment Two shall have the same
meaning as given to such terms in the Chapter 380 Agreement.
2. The Chapter 380 Agreement is hereby amended to extend the following dates by the time
periods shown:
380 Description Original Date Amendment One Amendment Two
Agreement Extended Date Extended Date
Section
Construction deadline for
5B.ii Highland Street October 1,2009 January 1,2010 December 31, 2010
reconstruction
3. Section 5 B.ii of the Chapter 380 Agreement, as amended by Amendment One, is hereby
amended to delete the City's obligation to construct the "Highland Turn Lane" and to read
as follows:
Southlake Regional Medical Center - 380 Agreement - Amendment Two
Approved 2010-01-05 - Page 1 of 2
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"Highland Street: The City shall be responsible for reconstruction of the existing cross-
section of Highland Street between White Chapel and S.H. 114 by December 31, 2010."
The Chapter 380 Agreement is further amended to delete all references to the "Highland
Turn Lane".
4. This Amendment Two may be executed in multiple original counterparts. Each counterpart
shall be deemed an original, and when the counterparts are taken together, they shall be
deemed to be one in the same instrument. Signed facsimiles of this Amendment Two shall
be effective as originals.
6. Except as modified hereby, the Chapter 380 Agreement and Amendment One remain
unchanged and in full force and effect, and by their execution hereof, the City and Southlake
Medical ratify and confirm all of the terms and provisions thereof.
IN WITNESS WHEREOF, the City and Southlake Medical have executed this Amendment as
of the 5 day of January, 2010.
CITY: SOUTHLAKE MEDICAL:
THE CITY OF SOUTHLAKE SOUTHLAKE LAND HOLDINGS, L.P.
By: Southlake Land Holdings GP, L.L.C.
By: C a Texas imit; 'ability company
Title: 'atio By:
►A i.
Will s, Jr., President
Southlake Regional Medical Center - 380 Agreement - Amendment Two
Approved 2010-01-05 - Page 2 of 2