HomeMy WebLinkAboutRes 2018-02-405 Hurricane Creek SIA Extention (VHC)CITY OF ANNA, TEXAS
RESOLUTION NO. U(� Oc—
A RESOLUTION OF THE CITY OF ANNA, TEXAS, TEMPORARILY EXTENDING
THE VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT
AGREEMENT
WHEREAS, the City of Anna, Texas (the "City") and Villages of Hurricane Creek, LP, a
Texas limited partnership entered into that certain Villages of Hurricane Creek
Subdivision Improvement Agreement (the "Agreement") to address the development of
an approximately 368.2 -acre tract of land known as the Villages of Hurricane Creek;
and,
WHEREAS, the Agreement established certain respective deadlines to be met by the
City and by Developer; and,
WHEREAS, the Developer has informed the City that it will be unable to meet certain of
its deadlines; and,
WHEREAS, the City desires to enter into discussions with the Developer to extend
certain deadlines and potentially modify other provisions of the Agreement; and,
WHEREAS, the City recognizes that some period of time will be necessary for said
discussions to occur to allow for the potential of modification to the Agreement by
mutual assent; and,
WHEREAS, the City desires that there be an extension and period of time to review
potential modifications and to make a recommendation to the City Council that would be
in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Agreement Extension.
The City Council hereby approves a temporary extension of the Agreement with respect
to all deadlines and performance obligations for a period of up to 60 days beginning on
the date of approval of this resolution. Further, the City Council authorizes the City
Manager to extend said 60 -day period in writing for an additional 30 days if deemed
necessary in his or her discretion. Without further action by the City Council, the
temporary extension granted under this resolution shall not extend beyond the 60th day
(or the 90th day in the event the City Manager further extends as set forth above) after
the approval of this resolution. The extension(s) granted under this resolution are
temporary only. Upon the expiration of said temporary extension(s), the Agreement will
not be deemed to have been amended in any respect unless the City and Developer
formally amend the Agreement before the expiration of said temporary extension(s).
Any such amendment to the Agreement must be in writing and duly approved and
executed by the City and the Developer.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
13th day of February 2018.
ATTEST: APPROVED:
VA
City Secretary, Carrie L. Smith U~' •.••• •`',� Mayor, Nate Pike