Resolution 2023-06RESOLUTION NO. 2023-06(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE,
TEXAS, TO EXECUTE A SECOND AMENDMENT TO A CHAPTER 380
AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND CREEKSIDE
FINE GRILL, LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1: The 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, a Second Amendment to a Chapter 380 Agreement
by and between the City of Wylie, Texas and Creekside Fine 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 l lth
day of April, 2023.
ATTEST TO:
•
Stephanie Storm, City Secretary
Matthew Porter, Mayor
Resolution No. 2023-06(R) Second Amendment w/Creekside Fine Grill, LLC Page 1 of 1
SECOND AMENDMENT — CHAPTER 380 AGREEMENT
THIS SECOND AMENDMENT — CHAPTER 380 AGREEMENT (this "Second
Amendment"), is entered into and is effective as of the P l day of hp VI I , 2023, by
and between the CITY OF WYLIE, TEXAS, a Texas home -rule city ("City"), and CREEKSIDE
FINE GRILL, LLC, a Texas limited liability company ("Creekside").
WITNESSETH:
WHEREAS, City and HILLSIDE GRILL, LLC, a Texas limited liability company
("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, City, Hillside and Creekside executed that certain Assignment and First
Amendment — Chapter 380 Agreement dated April 12, 2022 (the "First Amendment") to address
the assignment of the Agreement from Hillside to Creekside and to modify and amend the
Agreement in certain respects as more particularly set forth in the First Amendment; and
WHEREAS, City and Creekside desire to further modify and amend the Agreement in
certain respects, as more particularly set forth in this Second 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 and Creekside agree to
further amend and modify the Agreement as follows:
1. Defined Terms. Capitalized terms used but not defined in this Second Amendment
will have the meanings given to them in the Agreement or the First Amendment, as applicable.
2. Modification of Performance Deadline. Notwithstanding anything to the contrary
in the Agreement or the First Amendment, the Performance Deadline as defined in the Agreement
is hereby extended for six (6) additional months to expire on October 27, 2023. This modification
also removes Creekside's ability or right to extend the Performance Deadline one (1) time for a
period of ninety (90) additional days.
3. Ratification. As expressly modified by this Second Amendment and as previously
modified by the First Amendment, the Agreement is hereby ratified and confirmed by City and
Creekside.
4. Counterparts; Transmission. This Second Amendment may be executed in multiple
counterparts, each of which shall be deemed an original, and all of which shall constitute one and
the same agreement. Transmission of an executed signature page of this Second Amendment by
email will be effective to create a binding agreement.
Second Amendment — Chapter 380 Agreement — Page 1
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IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment the day and
year first above written.
CITY:
CITY OF WYLIE, TEXAS
By: � I
�J6er." �
Name: ac
Title: C i � N� -"oy-r
CREEKSIDE:
CREEKSIDE FINE GRILL, LLC, a Texas limited
liability company
By:
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