12-01-18-Resolution-Amendment to the Agreement with Sanger Lodging LLC-12/03/2018RESOLUTION NO. 12-01-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER
APPROVING AN AMENDMENT TO THE TERMS AND CONDITIONS OF
AN AGREEMENT BY AND BETWEEN THE CITY OF SANGER AND
SANGER LODGING, LLC, ATTACHED AS EXHIBIT "A"; PROVIDING
FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City entered an agreement with Sanger Lodging, LLC on or about
January 5, 2018, styled the "Hotel Occupancy Tax Grant and Economic Development Incentive
Agreement" (the "Agreement"); and
WHEREAS, due to unforeseen circumstances, the parties believe it is necessary to amend
the Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANGER:
SECTION 1. That the City Council hereby approves the terms and conditions of the First
Amendment to the Agreement attached hereto as Exhibit "A" and finds that they are in the best
interest of the City of Sanger and its citizens.
SECTION 2. That the Mayor is authorized to execute the First Amendment to the
Agreement on behalf of the City.
SECTION 3. That all resolutions of the City heretofore adopted in conflict with the
provisions of this Resolution are hereby repealed.
SECTION 4. That if any article, paragraph, subdivision, clause or provision of this
Resolution be adjudged invalid or held unconstitutional for any reason, such judgement or holding
shall not affect the validity of this Resolution or any part or provision thereof other than the part
so declared to be invalid or unconstitutional.
SECTION 5. That this Resolution shall take effect immediately from and after its
passage, and it is accordingly resolved and approved by the City Council as required by law.
DULY PASSED by the City Council of the City of Sanger, Texas, on the Aeoday of
December 2018.
APPROVED:
Thomas Muir, Mayor
1 TM 104573
ATTEST:
ecretary
PROVED S TO O
1
Robert L. Dillard III, City Attorney
(rld/11/27/2018)
r
2 TM 104573
EXHIBIT A
FIRST ANIENDMENT TO HOTEL OCCUPANCY TAX GRANT AND
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
This Hotel Occupancy Tax Grant and Economic Development Incentive Agreement
("Agreement') between the City of Sanger, Texas (the "City"), and Sanger Lodging, LLC, a Texas
limited partnership ("Company"), on or about January 5, 2018, requires amendment in part as
follows:
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
herein, and other good and valuable consideration, the receipt and sufficient of which are hereby
acknowledged, the City and Company, intending to be legally bound, hereby covenant and agree
to amend the Agreement in part as follows:
Section 1. That Section 3,1 of the Agreement is amended to read:
"Article III Obligations of Company
In consideration for the grant of public funds as set forth in Article IV and Article V below, the
Company agrees to perform the following:
3.1 Occupancy and Operation.
Company shall, during the Term of this Agreement, construct, occupy, operate and have open to
the public one (1) hotel that consists of the following:
(1) The hotel shall have a minimum of 77 guest rooms, The brand will be Holiday Inn Express
("Hotel"),
(2) A building permit must be applied for and issued, and construction of the Hotel must
commence on or before November 1, 2018. The Hotel must have been issued a Certificate of
Occupancy by the City within twenty-six (26) months after a building permit is issued. Failure to
meet these deadlines will terminate this Agreement."
Section 2. This Agreement may be executed in counterparts. Each of the counterparts
shall be deemed an original instrument, but all the counterparts shall constitute one and the same
instrument.
Section 3. Except as amended by this First Amendment, the terms, conditions and
provisions of the Agreement shall remain in full force and effect.
Section 4. The persons who execute this First Amendment to the Agreement represent and
agree that they are authorized to sign and bind their respective parties to all the terms and
conditions contained herein.
[SIGNATURES ON FOLLOWING PAGE]
104575
EXECUTED the day of `Tw;k'���t� .
ATTEST:
Cheryl P e, City Secretary
A si CITY OF SANGER, TEXAS
P V E A, T F N r
Robert L, Dillard I1I, City Attorney
COMPANY: Sanger Lodging LLC
By: JA Lr
Name: 0,1�
Title:
STATE OF TEXAS
COUNTY OF DENTON
d = e'—)
E. Muir, Mayor
BEFORE ME, the undersigned authority, on this day personally appeared
)0-+a0) PO&O-1 of & o i , known to me to be the person
whose name is subscribed to the foregoing instrument aJ aclaiowledged to me that he/she
executed the same for the purposes and considerations therein expressed, in the capacity therein
stated and as the act and deed of said limited liability company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this A day of
01-111
�L CHRISTY M, BLAND
My Notary ID # 12238866
•4�.i�+� Expires February 8, 2021
104575
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Notary Pi lie State of Texas