Resolution 2018-37I
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RESOLUTION NO. 2018-37(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
DEVELOPMENT AGREEMENT WITH THE WYLIE ECONOMIC
DEVELOPMENT CORPORATION.
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 Development Agreement
with the Wylie Economic Development Corporation.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE I Ith day of December, 2018.
ATTEST TO:
jkw�,�' aue�
STEPH�kNIE STORM, City Secretary
ERIC HOGUE
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Resolution No. 2018-37(R) Development Agreement With The Wylie Economic Development Corporation.
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EXHIBIT "A"
Development Agreement
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Resolution No. 2018-37(R) Development Agreement With The Wylie Economic Development Corporation.
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreeme '), is made and entered into as of
the day of 2018, by and between WYLIE ECONOMIC
DEVELOPMENT CORPORATION ("WEDC') and the CITY OF WYLIE, TEXAS ("City").
WEDC and City are sometimes hereinafter jointly referred to as "Parties" or individually as a
66�9.
RECITALS:
A. City owns that certain parcel of real property situated in the City of Wylie, Collin
County, Texas, as more particularly described on Exhibit A attached hereto (the
"Cily Property').
B. WEDC owns that certain parcel of real property situated in the City of Wylie,
Collin County, Texas, as more particularly described on Exhibit B attached
hereto (the "WEDC Propegy"), such WEDC Property being located immediately
west of and adjacent to the City Property.
C. In order to facilitate the development of the City Property and the WEDC
Property (collectively, the "Properties'), WEDC agrees to perform, or cause to be
performed, all development work that may be required on the Properties
including, but not limited to, site preparation, engineering, surveying,
environmental consulting and remediation, property maintenance, and
construction of utility and access improvements (collectively, the "Work").
D. City has agreed to reimburse WEDC for fifty percent (50%) of the cost of those
portions of the Work that benefit both Properties and for one hundred percent
(100%) of the cost of those portions of the Work that benefit only the City
Property (collectively, the "Reimbursement Amount").
E. City shall reimburse WEDC periodically for portions of the Reimbursement
Amount at the times further described herein.
F. City acknowledges that $159,741 of Work has been completed by WEDC prior to
the execution of the Agreement and will constitute the beginning balance of the
Reimbursement Amount.
G. After completion of the Work, City intends to subdivide the City Property and to
sell individual parcels of the City Property to third parties (each a "Parcel" and
collectively, the "Parcels").
NOW, THEREFORE, for and in consideration of the premises, the Parties agree as
follows:
I . WEDC Performance of Work; Consent of Cily. WEDC agrees to complete the
Work according to the terms of this Agreement. WEDC shall obtain prior written consent from
DEVELopmENT AGREEMENT -PAGE 1
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City for any portion of the Work that will require reimbursement by City before commencing
such portion of the Work. I
2. Mechanics' Liens. If any mechanics' or materialmen's lien or similar charge is
filed against the City Property as a result of any Work required to be performed by WEDC under
the terms of this Agreement, then WEDC shall at its own cost and expense cause such lien or
charge to be discharged of record within thirty (30) days after notice from City to do so. WEDC
shall indemnify and hold City harmless from and against all costs, liabilities, suits, penalties,
claims and demands, including reasonable attorneys' fees and court costs, resulting from the
filing of a lien against the City Property relating to any work required to be performed by WEDC
under the terms of this Agreement.
3. Build Rights of Ci1y. WEDC shall complete the Work authorized under Section I
using reasonable commercial efforts subject to events of force majeure. If WEDC fails to
complete the Work in accordance with the preceding sentence after receiving ninety (90) days
written notice from City, then City may, at its option, elect to perform the Work, but City shall
have no obligation to make such election. In the event City elects to complete the Work as
provided for herein, City shall be reimbursed by WEDC for fifty percent (50%) of the costs
incurred by City in completing those portions of the Work that benefit both Properties. Such
election shall be made, if at all, by written notice thereof delivered to WEDC. In connection
with the self-help rights of City described herein, WEDC shall grant to City simultaneously
herewith an access easement which will include a temporary construction easement necessary for
City to complete the Work.
4. Reimbursement to WEDC. City shall commence payment of the Reimbursement
Amount, or a portion thereof, to WEDC upon the first sale of a Parcel of the City Property to a
third party and continue thereafter from subsequent sales until which time the total
Reimbursement Amount has been satisfied. Upon the sale of each Parcel from City to a third
party, City shall reimburse to WEDC out of the net proceeds of such sale after all existing liens
and closing costs have been funded. Following payment of the total Reimbursement Amount
owed by City, all obligations of the Parties under this Agreement shall be deemed fully
performed and completed.
5. Authority to Market City Property, WEDC Recommendations. City authorizes
WEDC to advertise and market the City Property, or individual Parcels thereof, for development.
City shall accept recommendations from WEDC regarding the subdivision and sale of the City
Property on an as needed basis.
6. Notices. All notices hereunder shall be in writing and shall be deemed to have
been properly delivered as of the time of delivery if personally delivered, as of the time
deposited in the mail system if sent by United States certified mail, return receipt requested, and
postage prepaid, as of the time of delivery to Federal Express (or comparable express delivery
system) if sent by such method with all costs prepaid. Such notice shall be given to the parties at
the following addresses:
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DEVELoPMENT AGREEMENT - PAGE 2
42156624
WEDC:
Wylie Economic Development Corporation
Attention: Sam Satterwhite
250 S. Highway 78
Wylie, Texas 75098
With a copy to:
Abernathy, Roeder, Boyd & Hullett P.C.
Attention: Randy Hullett
1700 Redbud Boulevard, Suite 300
McKinney, Texas 75069
CITY:
With a copy to:
A Party may change the address at which the Party shall receive notice pursuant to this
Agreement by giving written notice of such new address in the same manner as any other notice
shall be given in accordance with this paragraph.
7. Entire Agreement. This Agreement constitutes the entire agreement and
understanding among the parties hereto with respect to this escrow, and no subsequent alteration,
amendment, change, deletion or addition to this Agreement shall be binding or effective unless
the same' shall be in writing and signed by all Parties to this Agreement. Nothing herein shall be
deemed to modify or affect the terms of the Agreement
. . 8. Applicable Law. This Agreement shall be governed by and construed under and
in accordance with the laws of the State of Texas. The obligations set forth herein are and shall
be performable in Collin County, Texas.
9. Binding Effect. This Agreement shall be binding upon and shall inure to the
benefit of the Parties hereto and their respective heirs, legal representatives, successors and
assigns.
DEVELOPMENT AGREEMENT - PAGE 3
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10. Construction. The headings, captions, numbering system, etc. are inserted in this
Agreement only as a matter of convenience and under no circumstances will they be considered
in interpreting the provisions of this Agreement where required for proper interpretation, words
used herein in the singular tense, shall include the plural, and vice versa; the masculine gender
shall include the neuter and the feminine, and vice versa. If any provision hereof is for any
reason unenforceable or inapplicable, the other provisions hereof will remain in full force and
effect in the same manner- as if such unenforceable or inapplicable provision had never been
contained herein. This Agreement shall be construed without regard to any presumption or rule
requiring construction against the Party causing the same to be drafted.
11. Counterparts. This Agreement may be executed in any number of counterparts,
each of which will for all purposes be deemed to be an original, and all of which " are identical.
Any counterpart of this Agreement may be executed by facsimile or other electronic signature,
and such facsimile or electronic signature shall be deemed effect as an original signature of such
Party for all purposes.
12. Memorandum of Development Agreemen. A Memorandum of Development
Agreement in form satisfactory to VVEDC and City will be executed by the Parties and may be
filed of record in the Real Property Records of Collin County, Texas simultaneously herewith to
evidence the obligations of the Parties herein.
13. Attorney's Fees. In any legal proceeding brought to enforce the terms of this
Agreement, the prevailing party may recover its reasonable and necessary attorney's fees fiom
the non -prevailing party. If liability is divided proportionately, the Parties shall each pay legal
fees in proportion to their adjudicated liability.
[SIGNA TURES APPEAR ON FOLL 0 WING PA GE/
DEVELOPMENT AGREEMENT - PAGE 4
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EXECUTED as of the date first set forth above.
I WEDC:
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DEvELopmENT AGRUMENT - SIGNATURF PAGE
42156624
WYLIE ECONOMIC DEVELOPMENT
CORPORATION
By: —
Name:
Title:
CITY:
CITY OF WYLIE, TEXAS
By:_
Name:
Title:
EXHIBIT A
The City roverty
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?Pl CALLED 2,48 ACRES
DALLAS WHIRLPOOL, LTD
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DEVELOPMENT AGREEMENT - ExHiBIT A
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STATE OF TEXAS DESCRIPTION
COUNTY OF COLLIN
BEING all that tract of land In the City of Wylie, Collin County, Texas,.
out of the E.C. Davidson Survey, A-266, being that tract of land
described In deed to the City of Wylie as recorded under CC#
20151207001523850 of the Official Public Records of CoIllin County,
Texas, some being part of that called 5.00 acres of land recorded in
Volume 952, Page 911 of the Deed Records of -Collin County, Texas,
and being further described as follows:
BEGINNING of a 5/8 Inch steel rod set on the South line of Dallas
Area Rapid Transit (100'), at the Northwest corner of sold 5.00 acres,
and at the Northeast corner of that called 2.48 acres- of land
described In a deed to Dallas Whirlpool, LTD as recorded In Volume
4528, Page 1760 of the Land Records of Collin County, Texas;
THENCE North 84 degrees 52 minutes 18 seconds East, 240. * 16 feet
along the South line of sold D.A.R.T. to a 5/8 Inch steel rod set at
the Northeast comer of sold 5.00 acres, and at the Northwest corner
of that called 3.25 acres of land described In a deed to the City of
Wylie as recorded In Volume 279, Page 511 of the Dead Records of
Collin County, Texas;
THENCE South 00 degrees 00 minutes 00 seconds East, 87B.24 feet
along the common line of said 5.00 acres and said 3.25 acres to a
518 Inch steel rod set, on the North line of F.M. Highway No. 544;
THENCE South 87 degrees 50 minutes 00 seconds West, 239.37 feet
along the North line of sold F.M. Highway No. 544. to a 518 Inch
steel rod set of the Southeast comer of sold 2.48 acres;
THENCE North 00 degrees 00 minutes 00 seconds East, 865.82 feet to
the POINT OF BEGINNING, containing 4.79 acres of land.
DEvELopmENT AGREEMENT - ExHiBIT A
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FXT41RTT R
The WEDC Property
DEvFLoPMFNT AGREEMENT - ExHIBIT B
#2156624
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DESCRIPTION
STATE OF TEXAS
I COUNTY OF COLLIN
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BEING oil that tract of land In the City of Wylie, Collin County, Texas,
out of the E.C. Davidson Survey, A-266, and being all of Lots 1, 2,
and 3, Block I of Wallace Industrial Park as recorded In Volume F,
Page 243 of the Plot Records of Collin County, Texas, and being all
of that called 2.48 acres of land described In a dead to Dallas
Whirlpool, LTD as recorded In Volume 4528, Page 1760 of the Land
Records of Collin County, Texas, and being further described as
follows:
BEGINNING of a 1 inch pipe found on the South line of Dallas Area
Rapid Transit (100'), at the Northwest comer of said 2.48 acres, and
at the Northeast comer of that called 1.590 acres of land described
In a deed to Wylie Economic Development Corporation as recorded
under CCjF 20131112001531220 of the Official Public Records of Collin
County, Texas;
THENCE North 84 degrees 52 minutes 18 seconds East, 243.38, feet
along the South line of D.A.R.T. to a 518 Inch steel rod set at the
Northeast comer of sold 2.48 acres, and at the Northwest corner of
that tract of land in deed to the City of Wylie as recorded under CC#
20151207001523850 of the Official Public Records of Collin County,
Texas, and being described as called 5.00 acres In Volume 952, Page
911 of the Deed Records of Collin County, Texas;
THENCE South 00 degrees 00 minutes 00 seconds East, 565.82 ' feet to
a 518 Inch steel rod set on the North line of F.M. Highway No. 544.
and at the Southeast comer of sold 2.48 acres;
THENCE South 87'degrees 50 minutes 00 seconds West, 25.92 feet
along the North line of sold F.M. Highway No. 544 to an "X" set at
point of curve;
THENCE Southwesterly, 216.86 feet along said F.M. Highway No. 544
and a curve to the left having a radius of 5789.58 feet and a
central angle of 02 degrees 0iff minutes 46 seconds (Chord bears
South 86 degrees 45 minutes 37 seconds West, 216.85 feet) to a 518
Inch steel rod found of the Southwest comer of sold Lot 2. and at
the Southeast comer of that called 0.618 acres of land described In
a deed to Extra Property Holdings, LLC as recorded under CC#
20140325000280030 of the Official Public Records of Collin Counfy�
Texas;
THENCE North 00 degrees 00 minutes 00 seconds East (Bearing Basis),
B57.30 feet along the West line of sold Lots 1, 2, 3,- and sold 2.4B
acres to the POINT OF BEGINNING containing 4.79 acres of land.
DEVELOPMENT AGREEMENT - ExHii3IT B
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