2010-01-19
CITY OF
lug SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 19, 2010
LOCATION: 1400 Main Street, Southlake, Texas
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Virginia M. Muzyka,
Deputy Mayor Pro Tern Laura K. Hill and Councilmembers Brandon Bledsoe, Carolyn
Morris, and Pamela A. Muller.
CITY COUNCIL ABSENT: Councilmember Gregory Jones.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of
Community Services Chris Tribble, Deputy Director of Community Services Kari
Happold, Deputy Director of Community Services Kerry McGeath, Director of Economic
Development Greg Last, Director of Finance Sharen Jackson, Assistant Director of
Finance Sharon Guess, Assistant Director of Finance Sean Leonard, Interim Director of
Human Resources Stacey Black, Director of Information Technology Dale Dean,
Information Technology Technician Eric Lusk, Director of Planning and Development
Services Ken Baker, Deputy Director of Planning and Development Services Dennis
Killough, Planner I Daniel Cortez, Deputy Chief of Fire Services Bryan Thomas, Chief of
Police Services Robert Finn, Director of Public Works Robert Price, Deputy Director of
Public Works Gordon Mayer, Operations Manager Chuck Kendrick, Civil Engineer
Cheryl Taylor, City Attorney Tim Sralla, and City Secretary Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor Terrell
at 5:38 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, Steven Bell, gave the invocation.
Mayor Terrell led the pledge of allegiance.
Agenda Item No. 3. Discuss all items on tonight's meeting agenda. Council reviewed
the consent agenda items. Item 7A was added to the consent agenda.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session of the City Council was called to
order by Mayor Terrell at 5:45 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 19, 2010
Page 1 of 9
Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would
be going into Executive Session pursuant to the Texas Government Code, Section
551.071, consultation with attorney; Section 551.072, deliberation regarding real
property; and Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 5:45 p.m. Executive
Session began at 6:17 p.m. and ended at 6:19 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 6:58
p.m. and asked if any action was necessary from Executive Session. No action was
necessary.
Agenda Item No W Mayor's Report - Update of upcoming meetings and events.
Mayor Terrell announced upcoming meetings and events. Deputy Mayor Pro Tern Hill
updated Council on the SPARK meeting scheduled for January 26, 2010.
Agenda Item No 3131. City Manager's Report - Economic Development award. This
item was not discussed at this meeting.
Agenda Item No 3132. City Manager's Report - Bicentennial Groundbreaking. This item
was not discussed at this meeting.
Agenda Item No. 3B3. City Manager's Report - Fire Services Accreditation. This item
was not discussed at this meeting.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. The Mayor read the consent agenda items.
Agenda Item No 4A Approve minutes from the January 5 2010 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No. 4B. Approve 2010 Community Service Agreement with Metroport
Meals On Wheels. A presentation was not made on this item.
Agenda Item No 4C Approve 2010 Community Service Agreement with Call A Ride
Southlake. A presentation was not made on this item.
Agenda Item No. 4D. Award purchase of Pump Number 3 at T.W. King Pump Station to
Crescent Constructors, Inc. in the amount of $121,000. A presentation was not made on
this item.
Agenda Item No. 4E. Award the Depository Services Contract with Frost Bank. A
presentation was not made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 19, 2010
Page 2 of 9
Agenda Item No 4F Approve the Policy Ordinance Review Committee revisions to the
Community Services Recreation Program Registration Policy. A presentation was not
made on this item.
Agenda Item No 4G Approve the Policy Ordinance Review Committee revisions to the
Community Services Refund Policy. A presentation was not made on this item.
Agenda Item No 4H Approve the Policy Ordinance Review Committee revisions to the
Community Services Donation Policy. A presentation was not made on this item.
Agenda Item No 41 Resolution No. 10-004 Grantinq approval to the Tarrant County
Housing Finance Corporation for the use of the proceeds of Series 2009 Single Family
Mortgage Revenue Bonds to finance home mortgages for single family homes located
within the City of Southlake. A presentation was not made on this item. In accordance
with Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING
FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2009
SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME
MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY.
Agenda Item No 4J. Resolution No. 10-005 Granting approval to the Tarrant County
Housing Finance Corporation for the use of the proceeds of Series 2010 Single Familv
Mortgage Revenue Bonds to finance home mortgages for single family homes located
within the City of Southlake. A presentation was not made on this item. In accordance
with Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING
FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2010
SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME
MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY.
Agenda Item No. 4K. Resolution No. 10-006 Granting approval to the Tarrant County
Housing Finance Corporation for the use of the proceeds of Series 2011 Single Family
Mortgage Revenue Bonds to finance home mortgages for single family homes located
within the City of Southlake. A presentation was not made on this item. In accordance
with Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING
FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2011
SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME
MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY.
Agenda Item No. 4L. Resolution No. 10-007, Authorize notice of intent to Issue
Certificates of Obligation. A presentation was not made on this item. In accordance with
Section 4.21 of the City Charter, the caption for this item is listed as follows:
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 19, 2010
Page 3 of 9
A RESOLUTION APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION.
Agenda Item No 4M Plat Extension request for ZA08-119 Final Plat for Kimball Circle
Estates being described as Tracts 6G 6H and 6K J. A. Freeman Survey, Abstract No.
529, and being located at 703, 722 and 750 South Kimball Avenue. Current Zoning: SF
20A - Single Family Residential District. SPIN Neighborhood #8. Request for extension
to January 22, 2011. A presentation was not made on this item.
Agenda Item No 4N Ordinance No. 966, 1St Reading Dedication of drainage easement
for public use on Johnson Park Property. A presentation was not made on this item.
Agenda Item No 40 Ordinance No. 480-588 (ZA09-017) 1St Reading, Zoning Change
and Site Plan for Bethel Methodist Church of Southlake on property being described as
Tracts 2C26 and 2C27 J G Allen Survey Abstract No. 18, and being located at 180
and 190 Jellico Circle West. Current Zoning: SF-1A Single-Family Residential District.
Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. This item
was administratively tabled to the February 16, 2010 City Council meeting.
Agenda Item No 4P Ordinance No. 480-591 (ZA09-069) 1St Reading, Zoninq Change
and Site Plan for the City of Southlake Department of Public Safety North Training
Facility on property being described as Tract 1 F2 and a portion of Tract 1 F, Joel W.
Chivers Survey Abstract No. 350 and being located at 160 East Dove Road and 2395
North White Chapel Boulevard. Current Zoning: SF-1A Single Family Residential
District Requested Zoning: S-P-1 Detailed Site Plan District with CS Community
Service District uses to include an indoor firing range as a permitted accessory use.
SPIN Neighborhood #2. This item was administratively tabled to the February 2, 2010
City Council meeting.
Agenda Item No 7A Ordinance No. 964, 1St Reading ordaining the City's participation
in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act,
Chapter 2303, Texas Government Code (Act) providing tax incentives, designating a
liaison for communication with interested parties and nominating Sabre Inc. at 3150
Sabre Drive and Travelocity.com LP at 3120 Sabre Drive, both in Southlake, Texas, to
the Office of the Governor Economic Development & Tourism through the Economic
Development Bank as Enterprise Proiects. A presentation was not made on this item.
Motion was made to approve consent agenda items 4A; 413; 4C; 4D; 4E; 4F; 4G; 4H; 41;
4J; 4K; 4L; 4M; 4N; to table item 40 to the February 16, 2010 City Council meeting; to
table item 4P to the February 2, 2010 City Council meeting; and including item 7A.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 19, 2010
Page 4 of 9
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke during the public forum.
Prior to staff's presentation of Item 6A, Mayor Terrell announced that there would not be
a public hearing held this evening due to the fact that the applicant has requested to
table this item to a later date. He announced there would be another SPIN meeting held
prior to this item returning to Council. A public hearing will be held at that Council
meeting.
Agenda Item No 6A Ordinance No 480-549a 2nd Readinq (ZA09-059), Zoning
Change and Site Plan for Invitation Park on property being described as tracts 3B, 31301
and a portion of tract 3D01 Obediah W Knight Survey Abstract No. 899 and being
located at 821, 825 and 835 East Southlake Boulevard. Current Zoning: S-P-1 -
Detailed Site Plan District Proposed Zoning: S-P-1 - Detailed Site Plan District. SPIN
Neighborhood #9. Director Baker presented this item to Council. Applicant
representative Dan Bryson, 6503 Meade, Colleyville, Texas made initial comments to
Council. Marco Martinez, 215 West College Street, Grapevine, Texas presented
information on the assisted living facility. Operator Lonnie Gienger, CEO of Good
Neighbor Care, 8201 Coolidge Road, Yakama, Washington made a presentation as the
operator of the assisted living facility and showed a video regarding his company,
Wilkinson - Good Neighbor Communities. Kacy Kang, 3666 River Point Drive, Eugene,
Oregon made a presentation on the management structure and facility growth numbers.
Gary White, 4906 Otter Run Court, Salem, Oregon, presented information on the
assisted living facility. Partner in the development, Nels Nelson, 2803 Carrick Court,
Southlake, Texas answered Council's questions.
Council discussed this request.
Assistant City Manager Ortowski discussed possible available dates to hold a SPIN
meeting and what methods of notification will be used.
Mr. Nelson asked to table this item to the February 16, 2010 City Council meeting.
Motion was made to table Ordinance No. 480-549a, 2nd Reading (ZA09-059), Zoning
Change and Site Plan for Invitation Park to the February 16, 2010 City Council meeting.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0 (to table)
Mayor Terrell called for a break at 9:05 p.m. and reconvened the meeting at 9:25 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 19, 2010
Page 5 of 9
Agenda Item No 6B Resolution No 10-008 (ZA09-049) Specific Use Permit for
Southlake Assembly of God for an Accessory Building on property described as Lot 1,
Block 1 Southlake Assembly of God Addition and located at 101 East Highland Street.
Current Zoning: CS Community Service District. SPIN Neighborhood #7. Director Baker
presented this item to Council in conjunction with item 6C. Applicant Henry Parker with
Shrickel Rollins and Associates and Gary Everett, Executive Pastor of Southlake
Assembly of God Church, answered Council's questions.
Director Price answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 10-008, (ZA09-049), Specific Use Permit
for Southlake Assembly of God for an Accessory Building requiring the roof on the
accessory building to match the color (cream) of the roof on the existing building.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No 6C ZA09-050 Site Plan for Southlake Assembly of God on property
described as Lot 1 Block 1 Southlake Assembly of God Addition and located at 101
East Highland Street Current Zoning: CS Community Service District. SPIN
Neighborhood #7. Director Baker presented this item to Council in conjunction with item
6B. Applicant Henry Parker with Shrickel Rollins and Associates and Gary Everett,
Executive Pastor of Southlake Assembly of God Church, answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA09-050, Site Plan for Southlake Assembly of God
subject to Site Plan Review Summary No. 5, dated January 12, 2010 granting the
requested variances; requiring the applicant to add Nellie R. Stevens holly to within 15-
feet of Highland Street and then change to a dwarf-type holly; accepting the applicant's
agreement to replace any existing shrubs that might die; accepting the applicant's
agreement to screen the air conditioning units to match the roof material; accepting the
applicant's agreement to improve the landscaping along the White Chapel Boulevard
side of the church after White Chapel Boulevard is improved; and accepting the
applicant's agreement to enclose the dumpster with a stone that matches the new
addition to the church with a dark brown metal door.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 19, 2010
Page 6 of 9
Agenda Item No 6D ZA09-060 Site Plan for Stratfort Gardens Office Park (Goddard
Preschool) on property being described as Tract 3A3 H. Granberry Survey Abstract No.
581 and being located at 435 West Southlake Boulevard. Current Zoning: C2 Local
Retail Commercial Zoning District. SPIN Neighborhood #10. Deputy Director Killough
presented this item in conjunction with item 6E to Council. Applicants Kevin Patel,
James Scargill, and Kosse Maykus answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA09-060, Site Plan for Stratfort Gardens Office Park
(Goddard Preschool) subject to Site Plan Review Summary No. 3, dated January 13,
2010 granting the requested variances but noting that the membrane roof for the play
structures will be a tan-color or a color close to matching the stone of the building and
noting that the developer has committed that the stone wall that is presently in place will
be eight-feet and will be checked by staff.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No 6E. ZA09-064 Plat Showing for Lots 17 and 18, H. Granberry No. 581
Addition on property being described as Tract 3A3 H. Granberry Survey Abstract No.
581 and being located at 435 West Southlake Boulevard. Current Zoning: C2 Local
Retail Commercial Zoning District. SPIN Neighborhood #10. Deputy Director Killough
presented this item in conjunction with item 6D to Council.
Motion was made to approve ZA09-064, Plat Showing for Lots 17 and 18, H. Granberry
No. 581 Addition subject to Plat Review Summary No. 3, dated December 31, 2009
granting requested variances.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Mayor Terrell called for a break at 10:55 p.m. and reconvened the meeting at 11:05
p.m.
Agenda Item No. 6F. Resolution No. 10-009 (ZA09-074) Specific Use Permit to Allow a
Tent for the Purpose of Promoting Retail Sales for Kroger #512 Valentine's Flowers and
Gifts on property being described as Lot 3 Block 1 Village Center Addition and being
located at 2110 East Southlake Boulevard. Current Zoning: C3 General Commercial
District. SPIN Neighborhood #8. Director Baker presented this item to Council.
Applicant David Blasingame answered Council's questions.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 19, 2010
Page 7 of 9
No one spoke during the public hearing.
Motion was made to approve Resolution No. 10-009, (ZA09-074), Specific Use Permit
to Allow a Tent for the Purpose of Promoting Retail Sales for Kroger #512 Valentine's
Flowers and Gifts for the dates of February 10 through February 16 with the hours of
operation being from 6:00 a.m. to 10:00 p.m. daily for a period of two years and subject
to the Staff Report dated December 31, 2009.
Motion: Muzyka
Second: Bledsoe
Ayes: Bledsoe, Morris, Muzyka, Terrell
Nays: Hill, Muller
Approved: 4-2
Agenda Item No 6G ZA09-078 Variance to the Masonry Ordinance No. 557-A for a
portable building at Bethel Methodist Church being described as Lot 4 H. Granberry
No 581 Addition and being located at 190 South White Chapel Boulevard. Deputy
Director Killough presented this item to Council. Applicant Chuck Hallett answered
Council's questions.
Mayor Terrell opened the public hearing.
Kevin Leverton, 100 London Berry Terrace, Southlake, Texas said he is an adjacent
neighbor of this property and expressed his concerns regarding the temporary building.
Mayor Terrell closed the public hearing.
Council discussed this request further.
Motion was made to approve ZA09-078, Variance to the Masonry Ordinance No. 557-A
for a portable building at Bethel Methodist Church for a period of one year and noting
applicant's agreement to remove the sign on the back of the building.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No 7B Ordinance No 480-488a (ZA09-068) 1St Reading, Zoning Change
and Site Plan for Carpe Diem Preschool on property being described as Lots 1 - 5,
Block 1 Jellico Square and being located at 2300 and 2310 West Southlake Boulevard
and 210, 250 and 300 Randol Mill Avenue. Current Zoning: S-P-2 Generalized Site Plan
Zoning District Requested Zoning: S-P-2 Generalized Site Plan Zoning District. SPIN
Neighborhood #11. Deputy Director Killough presented this item to Council. Applicants
Ashley Murphree and Kiet Nguyen answered Council's questions.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 19, 2010
Page 8 of 9
Motion was made to approve Ordinance No. 480-488a (ZA09-068), 1St Reading, Zoning
Change and Site Plan for Carpe Diem Preschool subject to Site Plan Review Summary
No. 3, dated January 11, 2010 requiring that all fencing on the subject property will be
wrought iron; subject to the recommendations of the Planning and Zoning Commission;
and requiring the shade structure shown at the front of the building to be moved further
back in the play area.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 12:16
a.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
Joh Terr
Mayor
ATTEST:
Lori Payne
City Secretary REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 19, 2010
Page 9 of 9
e.u,c►~u. ~ wee-~~~
FIRST AMENDMENT /
TO THE
DEVELOPMENT AGREEMENT
BETWEEN
VISION SOUTHWEST SILVERLAKE, L.L.C.
AND
THE WILLIAM W. AND ZENA RUCKER FAMILY TRUST
THIS FIRST AMENDMENT ("Amendment") to the DEVELOPMENT
AGREEMENT is entered into as of January 15, 2010, by and between Vision Southwest
Silverlake, L.L.C., and/or assigns ("VSS") and The William W. and Zena Rucker Family Trust,
and/or assigns ("Rucker").
RECITALS:
A. VSS and Rucker entered into that certain Development Agreement dated on or
about February 18, 2008 (the "Agreement") pertaining to various issues involving the potential
development of their respective properties located on Southlake Blvd., Southlake, Tarrant
County, Texas.
B. VSS and Rucker desire to amend the Agreement in certain respects, as set forth
below.
AGREEMENTS:
NOW, THEREFORE, IN CONSIDERATION OF the mutual terms, provisions,
covenants and agreements set forth herein and for other good and valuable consideration, the
receipt and sufficiency of which are acknowledged, Rucker and VSS agree as follows:
I. Capitalized Terms. All capitalized terms used but not otherwise defined in this
Amendment shall have the same meanings as in the Agreement.
2. Paragraph 6 of the Agreement is hereby deleted and replaced with the following:
Rucker agrees to provide and grant the right-of-way for the extension of Zena Rucker
Road adjacent to the VSS Property in accordance with Exhibit "B". VSS agrees to construct or
cause to be constructed that portion of the Rucker Road Extension that runs across or borders the
VSS Property, exclusive of the contemplated roundabout (identified on Exhibit "B") at the
southeast corner of the VSS Commercial Development Property (the "Rucker Road Extension")
The Rucker Road Extension is identified on the attached Exhibit "B". VSS shall design, pursuant
to City of Southlake design criteria, and will commence construction of the Rucker Road
Extension concurrently with the construction of Phase I of the VSS Commercial Development
Property. Rucker shall grant such temporary construction easements as may be necessary,
reasonable, and appropriate to accommodate construction of the Rucker Road Extension. It is
specifically understood and agreed by both parties that the Rucker Road Extension shall in
substantial part be outside (to the south of) the VSS Commercial Development Property, but VSS
shall dedicate, in accordance with City approval, the right-of-way for any portion of the VSS
First Amendment - Development Agreement, Page 1 of 3
Property which is within the right-of-way of the Rucker Road Extension, provided that the right-
of-way of the Rucker Road Extension is located as indicated on Exhibit "B".
In the event that Rucker commences construction of the Rucker property prior to the
commencement of construction by VSS of any portion of the VSS Commercial Development
Property, then Rucker may construct or cause to be constructed the Rucker Road Extension at
such time as Rucker and the City of Southlake deem appropriate. At such time as the Rucker
Road Extension is constructed, VSS agrees, upon Rucker's request and receipt of proof that the
City of Southlake has accepted the road, to pay the reasonable cost for that section of said road
that runs across or borders the VSS Property.
3. VSS shall not, either temporarily or permanently, disrupt the supply of public or
private utilities currently available to the Rucker property without the written consent of Rucker.
Rucker agrees not to withhold approvals that would allow VSS to make modifications to said
utilities.
4. VSS and Rucker shall cooperate in improving the drainage across the Rucker
property. VSS shall contribute up to $10,000 towards drainage improvements, as may be
preapproved in writing by VSS, such as an open drainage ditch.
5. Ratification. VSS and Rucker hereby ratify the terms of the Agreement and
acknowledge that, except as herein modified, the Agreement is in full force and effect. If any
inconsistency exists or arises between the terms of the Agreement and the terms of this
Amendment, the terms of this Amendment shall control. VSS and Rucker each represent and
warrant to the other that, to its knowledge, all conditions to be performed by the other party
under the Agreement to date have been satisfied and that neither VSS nor Rucker is in default
thereunder.
6. Execution in Counterparts. This Amendment may be executed in any number of
counterparts, each of which shall be deemed to be an original, and all of such counterparts shall
constitute one Amendment.
7. This Amendment shall not be filed in the public records of Tarrant County, Texas
without the written consent of both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day
and year first above written.
VISION SOU WEST S BLAKE, LLC, a Texas limited liability company
By:
Nels Nelson, Member
Date: I /I& AL~~ I Q
First Amendment - Development Agreement, Page 2 of 3
THE WILLIAM W. AND ZENA RUCKER FAMILY TRUST
By: " e,
ena Rucker, Trustee
Date: / J f
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this /10day of January, 2010, by
Nels Nelson, member of VISION SOUTHLAKE SILVERLAKE, L.L.C., a Texas limited
liability company, known to me to be the person who executed this agreement in the capacity
and for the purposes therein stated.
OTARY TAM?j
Is MARCO ANTONIO MARTINEZ
Notary Pub4o, State of Texas
My Cnrnmisaion Expires
11, 4014 No li f he State of Texas
&~Ec0 *W10 HA"A16;L
(Type or Print Name)
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this I day of January, 2010, by
Zena Rucker, Trustee of THE WILLIAM W. AND ZENA RUCKER FAMILY TRUST, known
to me to be the person who executed this agreement in the capacity and for the purposes therein
stated.
[NOTARY STAMP] _
°m"""' Notary Public in and f r e State of Texas
KEBLLI WYRiCK .
- Notary Pabllo, State of Tons
w C^"'" k*n Elphil 0&22.2019 (Type or Print Name)
First Amendment - Development Agreement, Page 3 of 3
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
DEVELOPMENT AGREEMENT
This agreement details the mutual understandings of Vision Southwest Silverlake, L.L.C. ("VSS") and the
William W. and Zena Rucker Family Trust ("Rucker'l pertaining to various issues involving the potential
development of our properties located on Southlake Blvd., Southlake, Texas, and is being provided in exchange for
our mutual support in the planning, zoning, and approval process for that portion of the property owned by VSS
which is intended to be developed as a three story commercial office condominium, the balance of the property of
VSS which is intended to be developed as single family residential and the property owned by Rucker which is
intended to be developed as single family residential.
VSS owns 7.67 acres (more or less) of land on E. Southlake Blvd., identified on Exhibit "A" (the "VSS
Property").
VSS is planning a three story commercial condominium development on the north 5.67 acres (more or less)
of the VSS Property which is identified on Exhibit "A" as the "VSS Commercial Development Property", reserving
the southernmost 2 acres (more or less) of the VSS Property for future residential development (as noted on Exhibit
the "VSS Residential Development Property").
VSS confirms, consistent with the existing easement, to provide at all times throughout the construction of
the VSS Commercial Development and the VSS Residential Development, continuous access to a public street from
the 42259 acre property (as identified on Exhi-bit "A". the "Rucker Property').
The owners of the property bordering the cast side of the VSS Property, RCP Southlake Boulevard #2, Ltd.
("RCP") are planning on building a road along the border of the east side of the VSS Property (the "RCP Road
Location"). This planned road is further identified on Exhibit "A". In the event that RCP builds all weather, gravel,
or comparable type road on the RCP Road Location, and by appropriate instrument RCP allows Rucker access on
this road in order to facilitate access to a public road, then Rucker agrees to accept this access to a public road as an
alternative to access through the VSS Commercial Development Property.
Rucker agrees to provide and grant the right-of-way for the extension of Zena Rucker Road (the "Rucker
Road Extension") in accordance with the red dashed lines as indicated on Exhibit "A". and to construct or cause to
be constructed such Rucker Road Extension at such time as Rucker, other property owners, and the City of
Southlake deem to be appropriate; it being understood that such road may be constructed in stages. At such time as
the Rucker Road Extension is constructed, VSS agrees, upon Ruckers' request and receipt of proof that the City of
Southlake has accepted the road, to pay for that section of said road that runs across or borders the VSS Property.
(This section of the proposed Rucker Road Extension is identified on the attached Exhibit "A"and to grant such
temporary construction easements as maybe necessary, reasonable, and appropriate to accommodate construction of
the Rucker Road Extension. It is specifically understood and agreed by both parties that the Rucker Road Extension
shall in substantial part be outside (to the south of) the VSS Commercial Development property, but VSS shall grant,
upon reasonable request, right-of-way for any portion of the VSS Property which is within the right-of-way of the
Rucker Road Extension, provided that the right-of-way of the Rucker Road Extension is located as indicated on
Exhibit A by the red dashed lines.
The parties agree to cooperate with each other at such time as each party may apply for the rezoning of
their respective properties to the south of the Rucker Road Extension to residential.
The parties agree to cooperate with each other and the City of Southlake in the proposed development of a
roundabout section of the Rucker Road Extension at the appropriate and approximate general location as shown on
Exhibit "B".
VISION SO SILVERLAKE, L.L.C., & Texas limited liability company
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THE WILLIAM W. AND ZENA RUCKERFAIy II,Y TRUST
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EXHIBIT B
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STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this day of 008, by ,
of VISION SOUTHLAKE STLVERLAKE, L.L.C., a Texas limn iability company, known to
me to be the person who executed this agreement in the capaci nd for the.purposes therein stated.
spa.*.rrk~w
SUMMER USNIANS otary Public in and for the Statc of Texas
y 4i ►A to of Tom a
Nov mD 0>f on EXptrea ~t r~lihc /~l~ccs.ylan s
~r 2l, 2010 (Type or Print Name)
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this T day of V,,,. 2008, by Zena Rucker,
Trustee of THE WILLIAM W. AND ZENA RUCKER FAMILY TRUST, known t me to be the person who
executed this agreement in the capacity and for the purposes therein stated.
Notary Public in and for the State of Texas
,q SUMME
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'r`w'~,: NOwmb~t 91,1010 (Type or Print Name)
AFTER RECORDING RETURN TO:
Zena Rucker
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