15-016 RESOLUTION NO. 15 -016
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 AMENDMENT TWO WITH HINES
SOUTHLAKE LAND LIMITED PARTNERSHIP, A TEXAS LIMITED PARTNERSHIP,
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 August 17, 2010 the City Council approved a Chapter 380 Agreement (the
"Agreement ") by and between the City of Southlake and Hines Southlake Land Limited
Partnership, a Texas Limited Partnership ( "Hines ") to promote economic development and
stimulate business and commercial activity in the City; and
WHEREAS, On May 6, 2014 the City Council approved a Chapter 380 Agreement
amendment (Amendment One) by and between the City of Southlake and Hines Southlake Land
Limited Partnership, a Texas Limited Partnership ( "Hines ") to promote economic development
and stimulate business and commercial activity in the City; and
WHEREAS, the City Council has been presented with a proposed Agreement —
Amendment Two by and between the City of Southlake and Hines, 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.
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 Hines,
and take other specified actions, in accordance with the terms outlined in the Agreement 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 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 One.
SECTION 5.
This Resolution shall become effective from and after its passage.
PASSED AND APPROVED this the 3rd day of March, 2015
John Terrell, Mayor
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Lori Payne, TRM
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AMENDMENT TWO
TO ECONOMIC DEVELOPMENT AGREEMENT
CARILLON
THIS AMENDMENT TWO TO ECONOMIC DEVELOPMENT AGREEMENT
( "Amendment Two ") is executed between the City of Southlake, Texas (the "City ") and
Hines Southlake Land Limited Partnership, a Texas limited partnership ( "Hines "). City
and Hines are sometimes hereinafter referred to collectively as the "parties" or
individually as a "party".
RECITALS
WHEREAS, on August 17, 2010, the City adopted Resolution No. 10 -014 (the
"Resolution ") establishing an Economic Development Program pursuant to Chapter 380
of the Texas Local Government Code ( "Program ") and authorizing the Economic
Development Agreement between the parties (the "Agreement "); and
WHEREAS, on May 6, 2014, the parties entered into an Amendment One which
amended the Agreement and set forth additional obligations of the parties; and
WHEREAS, under the terms of the Agreement, Hines is obligated to construct
Kirkwood Blvd. from White Chapel Blvd. southeasterly to the north end of a bridge or
multiple - culvert crossing ( "Culvert ") of Dove Creek at the southern end of the Property
in accordance with the Phasing Plan submitted by Hines during the zoning approvals and
as agreed to by the parties in Developer's Agreements; and
WHEREAS, Hines has completed a majority of Kirkwood Blvd. to a point
approximately 620 feet northwest of the Culvert; and
WHEREAS, the parties wish to further amend the Agreement so that Hines is
obligated to only construct a portion of the Culvert and to release Hines from its
obligation to finish the extension of Kirkwood Blvd. to the north end of said Culvert; and
WHEREAS, the City Council finds and determines that this Amendment Two
will effectuate the purposes set forth in the Program and Hines' performance of its
obligations in the Agreement.
AGREEMENT
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 are 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 Agreement.
2. The Agreement is amended by adding an Exhibit D, which is attached to
this Amendment Two.
3. Section 4.G of the Agreement is amended to read as follows:
"G. Kirkwood Blvd.: Hines has constructed Kirkwood Blvd. as a full -width
four -lane divided roadway from White Chapel Blvd. southeasterly to a
point approximately 620 feet northwest of a bridge or multiple- culvert
crossing ( "Culvert") of Dove Creek at the southern end of the Property in
accordance with the Phasing Plan submitted by Hines during the zoning
approvals and as agreed by the parties in Developer's Agreements. No
later than March 30, 2016, Hines agrees to construct a portion of the
Culvert, the location of which is shown on the attached Exhibit D, so as to
allow pedestrian access and connection of adjacent walking trails. The
Culvert must be designed and constructed in compliance with all City
regulations and to the satisfaction of the City's Department of Public
Works.
i. ROW Dedication: As a part of normal platting requirements,
unless otherwise agreed to by both parties, Hines shall dedicate
right -of -way to the City for adequate for full width lane
construction, and any right -of -way required for turn lanes to serve
the Property at no cost to the City. Hines will also dedicate
property to the City for any area on which the Culvert is located.
ii. Landscape Median Maintenance: Hines shall be responsible for
the on -going maintenance of all medians in Kirkwood Blvd. to a
standard acceptable to the City."
4. All other terms and conditions of the Agreement, with the exception of the
terms modified by this Amendment Two, shall remain in full force and
effect.
IN WITNESS WHEREOF, the City and Hines have executed this Amendment
Two as of the je day of 2015.
CITY:
THE CITY OF SOUTHLAKE, TEXAS
e tti By: .J...
John Terrell, Mayo
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CITY ATTORNEY
Lori Payne, TRM 1—
City Secretary ""
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HINES SOUTHLAKE LAND LIMITED
PARTNERSHIP, a Texas limited partnership
By: Hines Southlake Land GP LLC,
a Delaware limited partnership,
its General Partner
By: Hines Interests Limited Partnership,
a Delaware limited partnership,
its sole Member
By: Hines Holding, Inc.,
a Texas corporation,
its General Partner
By:
Name: Rob W. Witte
Title: Senior Managing Director
Exhibit D
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Ir Hines is no longer ; constructing one of
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of 620 remaining feet of '
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I kg / - City will complete at a future i 1 approved and
date i k PnAS 5A accepted by Public r j
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