Resolution 2022-12 RESOLUTION NO.2022-12(R)
L
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
HEREBY AUTHORIZING THE INTERIM CITY MANAGER OF THE CITY OF
WYLIE, TEXAS, TO EXECUTE AN ASSIGNMENT AND FIRST AMENDMENT
TO A CHAPTER 380 AGREEMENT BY AND BETWEEN THE CITY OF WYLIE
AND HILLSIDE GRILL, LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1: The Interim City Manager of the City of Wylie, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of Wylie, Texas, an Assignment and First Amendment
to a Chapter 380 Agreement by and between the City of Wylie, Texas and Hillside Grill, LLC.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 12th
day of April,2022.
✓‘—deA) , u
L _
/fir L ' .
Matthew Porter, Mayor
/'' , c;
ATTEST TO: i a �< „ �,
1i I
avka Auk ik:. 7 , I
Stephanie Storm, City Secretary .� 1:: `_')/pULF GG � �!/5p,,lTtE FF��E Rt
\a/12,'l
L
Resolution No.2022-12(R)Chapter 380 Agreement w/Hillside Grill, LLC Page 1 of 1
ASSIGNMENT AND FIRST AMENDMENT—CHAPTER 380 AGREEMENT
THIS ASSIGNMENT AND FIRST AMENDMENT — CHAPTER 380 AGREEMENT
(this "First Amendment"), is entered into and is effective as of the day of
, 2022, by and among the CITY OF WYLIE, TEXAS, a Texas home-rule city
("City"), HILLSIDE GRILL, LLC, a Texas limited liability company (the "Hillside") and
CREEKSIDE FINE GRILL, LLC, a Texas limited liability company (the "Creekside").
WITNESSETH:
WHEREAS, City and Hillside entered into that certain Chapter 380 Agreement dated April
27,2021 (the"Agreement"),to facilitate Hillside's proposed remodel of the Restaurant located on
the Property, as those terms are defined in the Agreement; and
WHEREAS, Hillside desires to assign the Agreement to Creekside and Creekside desires
to accept assignment of the Agreement from Hillside; and
WHEREAS, City is willing to consent to the assignment of the Agreement from Hillside
to Creekside; and
WHEREAS, City and Creekside desire to modify and amend the Agreement in certain
respects, as more particularly set forth in this First Amendment.
NOW, THEREFORE, in consideration of the recitals set forth above and the mutual
covenants and agreements contained herein and for other good and valuable consideration, the
sufficiency and receipt of all of which are hereby acknowledged, City, Hillside, and Creekside
agree to amend and modify the Agreement as follows:
1. Defined Terms. Capitalized terms used but not defined in this First Amendment
will have the meanings given to them in the Agreement.
2. Assignment and Assumption. Hillside hereby assigns all of its rights and
obligations under the Agreement to Creekside. Creekside accepts assignment of the Agreement
from Hillside and assumes the rights and obligations of Hillside as "Company" under the
Agreement. City hereby consents to the assignment and assumption of the Agreement from
Hillside to Creekside.
3. Modification of Performance Deadline. Notwithstanding anything to the contrary
in the Agreement, the Performance Deadline as defined in the Agreement is hereby extended for
( ) additional months to expire on
4. Ratification. As expressly modified by this First Amendment, the Agreement is
hereby ratified and confirmed by City and Creekside.
5. Counterparts; Transmission. This First Amendment may be executed in multiple
counterparts, each of which shall be deemed an original, and all of which shall constitute one and
Assignment and First Amendment—Chapter 380 Agreement—Page 1
3679963
the same agreement. Transmission of an executed signature page of this First Amendment by
email will be effective to create a binding agreement.
IN WITNESS WHEREOF,the parties hereto have executed this First Amendment the day
and year first above written.
CITY:
CITY OF WYLIE, TEXAS
By:
Name:
Title:
HILLSIDE:
HILLSIDE GRILL, LLC, a Texas limited liability
company
By:
Name:
Title:
CREEKSIDE:
CREEKSIDE FINE GRILL, LLC, a Texas limited
liability company
By:
Name:
Title:
Assignment and First Amendment—Chapter 380 Agreement—Page 2
3679963