HomeMy WebLinkAboutResolution No. 2020-19RESOLUTION NO. R2020-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD, TEXAS, DETERMINING LAND IS
NEEDED FOR, CONSTRUCTION AND EXTENSION OF
FRIENDSWOOD LAKES BOULEVARD; ACCEPTING
DEDICATION AND CONVEYANCE OF .0576 ACRES OF
LAND FROM WESLEY WEST CATTLE, L.P., AND
WESLEY WEST DESCENDANTS TRUST AND RATIFYING
THE CITY MANAGER'S EXECUTION OF THE LETTER
AGREEMENT BETWEEN TAYLOR MORRISON OF
TEXAS, INC., WESLEY WEST CATTLE, L.P., WESLEY
WEST DESCENDANTS TRUST AND THE CITY OF
FRIENDSWOOD, TEXAS. REGARDING FRIENDSWOOD
LAKES BOULEVARD RIGHT-OF-WAY AND AVALON
SUBDIVISION DETENTION CAPACITY.
WHEREAS, the City Council of the City of Friendswood, Texas; has determined that
land is needed for the construction, operation, maintenance and extension of Friendswood
Lakes Boulevard; and
WHEREAS, Taylor Morrison of Texas, Inc., has dedicated the necessary right-of-way
to the City of Friendswood for the construction of Friendswood Lakes Boulevard from the
western boundary to the eastern boundary of the Taylor Morrison Tract; and
WHEREAS, Wesley West Cattle. L. P., and Wesley West Descendants Trust
(collectively "West") own approximately .0576 acres of land immediately adjacent and east
of the Taylor Morrison Tract, which Boulevard Parcel is needed to connect the existing point
of termination of the Boulevard and the Taylor Morrison Tract; and
WHEREAS, the Letter Agreement sets forth the understanding and terms by and among
Taylor Morrison, the City and West regarding the responsibilities and obligations of each of
the parties related to the conveyance of the Boulevard Parcel by West for the construction of
the Boulevard and, in exchange, for a Taylor Morrison to provide to West up to thirty (30)
acre feet of capacity within Taylor Morrison's detention facility.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS.
Section 1. That the facts and matters set forth in the Preamble of this Resolution are
hereby found to be true and correct.
Section 2. That the City Council of the City of Friendswood, Texas, accepts the
dedication and conveyance of said .0576 acre of land from West, approves of the Letter
Agreement and ratifies the City Manager's execution of the Letter Agreement between
Taylor Morrison, West and the City of Friendswood.
PASSED, APPROVED, AND ADOPTED this the 31" day of August, 2020.
Mayor
ATTEST: . + * • a I }
0
Melinda Welsh, TRMC 0.
City Secretary ; (-P;
...
R2020-19 2
This form should be completed and forwarded to the City Manager's Office as soon as possible prior to the first date that the item is
expected to be placed on the Friendswood City Council agenda.
Date requested for City Council consideration: August 3, 2020
Date submitted: 6/4/2020
Prepared by: Glenda Faulkner, Executive Secretary
Subject: Resolution No. R2020-19: A resolution of the City Council of the City of Friendswood, Texas,
determining land is needed for construction and extension of Friendswood Lakes Boulevard; accepting
dedication and conveyance of .0576 acres of land from Wesley West Cattle, L.P. and Wesley West
descendants trust and ratifying City Manager's execution of letter agreement between Taylor Morrison of
Texas, Inc., Wesley West Cattle, L.P., Wesley West descendants trust and the City of Friendswood,
Texas. Regarding Friendswood Lakes Boulevard right-of-way and Avalon subdivision detention
capacity.
Originating Department: Engineering
Degree of importance: Critical
SUMMARY / ORIGINATING CAUSE
In the November 2017 Galveston County Election Bond, voters approved a proposition which allocated
$3.57 million towards the construction of Friendswood Lakes Boulevard between Stoney Lake Drive and
West Boulevard. The County further allocated up to an additional $1 million in funds to be used as a
match to City funds for this project on a dollar for dollar basis:
In May 2018, Council approved an Agreement for Funding of Public Improvements with several parties
which included a collective contribution of $600,000 from the Developers (split 3 ways) in said agreement.
A large portion of the right-of-way necessary for this project was dedicated at Council's August 2018
meeting. However, a 0.0576 acre tract remained outstanding to complete the right-of-way needed for
Friendswood Lakes Boulevard.
In consideration of the donation of that right-of-way, the owner of that tract asked that he be provided with
some detention capacity in the southern 38 acre lake of the proposed Avalon at Friendswood
Subdivision.
The City, Wesley West Cattle, L.P, Wesley West Descendants Trust, and Taylor Morrison of Texas have
executed a Letter Agreement which sets forth the understanding, terms, and obligations of each party in
relation to the conveyance of this 0.0576 acre tract.
Per the Letter Agreement, Taylor Morrison will provide 30 acre-feet of detention plus an easement to be
used by future development in the -vacant land to its east. In addition, Taylor Morrison is made
responsible for construction of the easternmost 210 feet of Boulevard, in lieu of their $200,000
contribution (alternately, it would cost the City and County approximately $325,000 to build this section).
As a,result, Taylor Morrison would be free to construct that section of Boulevard at their own speed rather
than being at the mercy of the larger Friendswood Lakes Boulevard, whose construction is expected to
last through the end of May or. early June 2021.
IMMINENT CONSEQUENCES /BENEFIT TO COMMUNITY
As a result of this Letter Agreement, the City will be dedicated what remains of necessary right-of-way for
Friendswood Lakes Boulevard. In addition, the:County and City will realize a savings of $125,000 by
foregoing the construction of the easternmost 210 feet of Boulevard.
Construction of the Boulevard is expected to begin in late August or early September.
t RECOMMENDATIONS
Approve the resolution, accept the dedication and conveyance of land, and ratify the City Manager's
execution of the Letter Agreement.
,. .ATTACHMENTS`
1. R2020-19 Letter Agreement and land from Wesley West for Friendswood Lakes Bvld
2. General Warranty Deed FLB
3. 2020-07-01 TM Letter Agreement for Detention and ROW 6.24.20 - FULLY EXE...
GENERAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT WESLEY WEST CATTLE, L.P, AND WESLEY WEST DESCENDANTS TRUST
(collectively, "Grantor"), for and in consideration of Ten Dollars ($10.00) and other good and
valuable consideration paid in cash to the Grantor by the Grantee herein named, has GRANTED,
BARGAINED, SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL
AND -CONVEY unto the CITY OF FRIENDSWOOD, TEXAS, a Home -Rule City of the State of
Texas ("Grantee"), all of the property described as being. a 0.0576 acre tract of land, further
described in the attached exhibit "A" (the "Property").
THIS CONVEYANCE IS MADE BY GRANTOR AND ACCEPTED BY GRANTEE subject
to the terms, conditions and provisions hereof and further subject to all applicable easements,
conditions, restrictions, covenants, mineral or royalty interests, mineral reservations, regulations
or orders of municipal and/or other governmental authorities, if any, or other matters of record, to
the extent, but only to the extent, they are validly existing and affect the Property.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto and in anywise belonging, unto the said Grantee, its successors and
assigns forever; and Grantor does hereby bind itself, its successors and assigns, to Warrant and
Forever Defend all and singular the Property unto the said Grantee, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same of any part thereof.
Executed this day of 12020.
[-Signature pages follow this page.]
Wesley West Cattle, L.P.
0
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on , 2020 by
(title) of
1
Notary Public, State of Texas
Wesley West Descendants Trust
0
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged- before me on , 2020 by
(title) of
Notary Public, State of Texas
ACCEPTED BY:
The City of Friendswood
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before' me on , 2020 by
(title) of
AFTER RECORDING RETURN TO:
City Secretary
City of Friendswood
910 S. Friendswood Drive
Friendswood, TX 77546
Notary Public, State of Texas
'so oa 200
EXHIBIT "A"
GRAPHIC SCALE IN FEET -
THE
PROPERTY
LOT'1 FA IKON RIDG E� wT O n 9
-ECTJONTHREE
l VOLS. 18,PG:282G C: D: R.
FND.'5/O IR;SY/CPY _
STAIJPED'�'lILSC(N SURVEY Gfi7NP 's 'rr" . 34 �►$
rcr
LOT 3
TT LDr_2"
FAGLE.LaiaS'' ' ,g4; q9�'d¢�' .'FT1D. 5/8; IR'N% GaP,• .
5`f i'Y]I!$ J ro - STAFAf?E0 VILSON: SURVEY 01d70P'
-VOL: 13, PG.55x•G.C. IA. R. Sq� MARS N37D000'W 6.49'
WE76RABCNTpNTCH4VTU
S.7 Ei` ";S N10 _
8 J _ FILE N0.2D12 MI190 A,q.R:
15
mF `may 2`S 4Jl' ' LOT .1
PND SU-.IR VWW STAikil
WSON SURVEY QMUP'1 .}
"EST .RANCH W EST, LAKE_
LE SBCTI]N THREE:
FII10.2013012ii5.G'A.LI:R.
t �
:o
-REMNNDER"OF,A 4 UUEST RA.t16M'L41�SIDE
CkLED 9&O AMES LOT-10 SECTIO11 MU
7A:ILORNORRISON.,OPTEXPS,�.R1G _.4. FILEN0,211r.m9533G>;;LLR.
G.C,GF.`TNDr 2019084279 m•� �•
�CAP.Rr . j
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LOT LOT S
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END: 1/2" IP-W, iCAPS m SIE_ RPA AT WEST RANgH
.:LEGEND SfAWPm INC'pOJ7E
FIL_ E N0. 2111m4933
'FILE, NO; - 'FILE NOM9ER.
ESNTT.' EASEMENT_ LDi
;G,i^C.F: NOCOUNrf CLERKS. FILE NUMBER I "n
GLL4ESTON COUNTY: MI RECORS . POE 10
C.C.O,P.R, -CALWSTON COUNTY OFFICIPL PUBLIC,, FFDSWR1N1 N ' LOT 16 Lar'15
RECORDS_.! .
NP .IRONRON , PIPE_ -
IR IROD' PLO a994;ACREs 24t43� LoT 14
POB `POINT'017 BEGINNING; CITY GF..FPoEHOSx1700, LOT 13
POC. POINT OF COMMENCING GD C,F, Fm. 2at90M.237
�SQ.'FL SgUAfiE FEET G:CGPR. � „
,[2, 9D9 SQ F RE
vi-sSZEiDU'STAMPEDRa
1
FPUI,.
:.r,ALLED 59MI ACRES
Trti1l0,C.0.F.' NG t2 SD51400INC.
" D.C.O.P_R. CF' t WESLEY WEST_CATTIF.Sa�` rc � •R.
m 'r OOMPRNY
IFlR5T TWO
i
A1D,ACRES ,4� . DGGs8;4z
'GCOF NO: 9222]&1
GCAJ?.R:'' SIERRA RT-REST'IRANCH
8
... SIIV PN' x,i LOT 1D
tsECiIOIf,ri17 -
V .GC.D.F, NOS .92227134
a
I FlLE,IiD sDlsg3isa3 c.cMR.'�.�,�
0.0576, ACRE MAID,9 $Q. FT.)
FRIEN66*64D LAKE'S. BOULEVARD
AYAL 'M ,AT FRIEN0.9w nn
q IN THE.
I. 8_b.-Ill. RR. CO. SURVEY`
rxrlEs ASSTIC ACT NO. 8$8
,.r 1) ALL,BEPJINGS-REFERENCED TO:,THE TEM,COORDIU4TE'ST5117A, SOUTH CfRCRAL I(i%jl"l/c$TUN NNUNTY TEXAS
ZONE,'l14D 03 Q•14201t).TFOCH 2OI6L06r MAY 2020 JOB N0:7;0674=1901 400
k � A.METES AIM BOUNDS DESCRIPTION :OF E4EN DATE WAS,PREPAP.ED JN TxNJUN0110N WA Swia n& In& -
Rfili •THIS EXHIBIT. 292966tparkDriue Phone 713,9535200
3) THIS'IXN191T.WAS PREPARED L'mHOUT THE GENUIT ff A ;TITLE 66IA111RIEHT, Suite 175 'FaX-713 953.3029
THEREFORE -EASEMENTS -AND ENCUMAANCESMAN. EXIST THAT, ARE NDT,S t/ATi HEREON. "HouiUn,TeAs 77042 TBP„E L S. FirrnNo 10194382'
m -
Line Tahle
Lirie #
Diredlen
Length
L1
S03" OS 47 E ,
88 92`
L2
N63 1216114
E50:gg
E3`'
'N41°52'415E.'
April 10, 2020
Revised May 4, 2020
Job No...0674-.0402
1. . . . DESCRIPTION , N . 07F.
01.0576 ACRE (2,509 SQUARE FEET)
Bbing'O-.0576 acre '(R,509s0Uare'feet) Of land located, in the I. & G. N. RR. CO. SuNdy,
Abstract 'Nu imber 60.8, Oalveston, County, Texas; out of t - he called' 941.80'.-acre tract - described
ibed . I i . n
the dead to Wesley West Cattle Company (First Tra 0) by, an' instrument of record in File Number
9222784,of the Official 'Public Records Said G _a_IVest6n :Gourit j _y, Texas; -(G.C.0 P.".R) said
0.0576 acre tract being more p - articularly described by metes "and bounds as. follows, (all, bearings
referenced C'ed, to the Texas C66fdin-ate. System, South .Central Zone-, NAD8.3 {NA2011 EPOCH
2010 00).
'COMM ENO[ NG fof reference at a 5/8-ihch iron rod with � cap-sta m-ped 'V\11 LSON, SU RVEY
GROUP�'foqnd.for'the npfthwest. corn' called 06.044 acre tract described. . pr-of the remainder-orf-a
in the deed to Taylor Morrison Of Tdxas', Inc. by. instrument meht of record in File Number 2019 6423
y -0 _q,
G.C.O.P-R.., the northeast corner of Eagle Lakes, Section 5, a subdivision of record in Volume
lia, Page 55 , 4 of theMap Repordsofsaid 6alVe,6 purity, Toxas,(G QMj and e, south .
in,th
line of Falcon Ridge, Section Thted,z,subdivision of record in Volume 18., Page 282'i G.C.M.R.,
from which a 5/8"inch iron rod . found. in. the common line of said, . Eagle Lakes; 'Section 5 and Falcon
Ridge, Secti6h Two, a subdivision ih.V61urne 18, Page 270, 48-*
14'2Y West, 1,044.90 feet;
Thence, South W 14'25" East along'tho north linb,oftsaid 96-.944 act.6.ttact and the -South
line of s - aid Falcon Ridge, Section Three., 6 . 0 . .39 feet to t - helsoutheast corner of said Falcon Ridge-,
Section Three :the northeast -corner of said , 96.644 acre tract, and A southwest corner of West
Ranch West Lake,, Section Two, ;a subdivision of record in File Nurriber 2012044019, eG.C.M.R.
from Which a 5/6-in'ch iron rod with cap zteirriped "WI LS.ON SURVEY
V - EY GROUP" bears,,.Norih-Vo
00' 00" West,'0.49 feet;
Thence, South,.;d8'0.05' 47- East, along the east lifte of said 0-6.044 acre tract, passing
ssing !at
1,097,43 feet -a found 112-inch iron rod With, cap. stamped "BROWN & GAY', at 1 i716.98feet
passing ?i'fppnd VNnch iron rod with cap stamped "BROWN�ai -2' .4 �t 0,,QAY -fee passing
.. ga
found 1/2-finch iron rb&Withcap stamped "BROWN & GAY', at 2,892 :1 7 feot.°pa's-sing a found 1/2m
inch - iron. pipe with cap stamped
tamped BG . EjN . Ci% �continuing in In aI a total distanceof 2j016150 feet to a
5/8._-inch iron rod With cap stamped "QEOSU RV' found fora north corner, qf'thia aforementioned
941.89,:acre trad,''the east .corner of,a called 4,994acteteact'desdibed in the deed to the..'City of
Friendswood by an instrument -of record I . n Filo-'N.4mber 2019064237, . G. I C..O.P.R-. ih,lhewes . t)i I no
of FriendsWoOdlakd Boulevard, a subdivision of record in File Number 2017033870, G.O.M.R.,
a;corner of the City iof Friendswood city limits and League City city limitisi, said p.oint also- being
the POINT bF-,BEGINNING of the herein described tract;
J Thence, South, 030J0..547" East.alorig, tho,weqt line of said Iriendswood Lake .Boulevard,..
and an east line Of said 941.8.9adrdtract, same being the common line -of sdid,City of Friendswood
city limits.and LeagueCity city limits,.:88.92 feet to 1/2-inch iron pipe found for -a westerly corner
Page I of 2
-Uliaeng.com\shar6s\WHOU-CAD\ProidskI \S!J RVEY\0074\0402\LE0ALS\R EV-L . Q- FRIENDSWOO I D LAKE BLVD,0.0576 ac.do.cx
0.0576 Acre
April 10, 2020
Revised May 4,2020
Job No. 0074-0402
of said Friendswood Lake Boulevard, the northwest corner of Sierra at West Ranch, Section Two,
'a subdivision of record in 'File Number 2015077523; G. C. M. R.;
Thence, North 639'12' 16" West, departing.said common lines, 65.09 feet to a west Line of
said 941.89 acre tract; the east line of said 96.944 acre tract, the southeast corner of the
aforementioned 4.944 acre tract, and said city limit lines, from which a 5/8-inch iron rod with .cap
stamped "WIL80N SURVEY GROUP" bears, South 41 °,52' 46" West, 50 62 feet;
Thence, North 419'52' 46" East,, along said common lines, 79.84 feet to the POINT OF
BEGINNING and containing .0.0576 acre (2,509 square feet) of land.
The corner monuments were not set at the client's request.
................................
AARON G. FERGUSON
6601 r _
Page 2of2
LJA Surveying, Inc.
\\Ijaeng.com\shares\WNOU-CAD\Peojdsk1\SURVEY\0074104021LEGALS\REV=LG_FRIENDSWOODLAKEBLVD 0.0576ac.docx
DocuSign Envelope ID: 2E371FE7-EOF2-4CD2-A274-B77BA2BAAD21
taylor
morrison . , . .
Homes Inspired by You
June 30, 2020
Via E-Mail and First Class Mail
Stedman West Interests, Inc.
1600 W. Loop South
Suite 2700
Houston, Texas 77027
Attn: Mr. Wm. David Davas
Email: ddavas@stedmanwest.com
City of Friendswood, Texas
910 S. Friendswood Dr
Friendswood, TX 77546
Attn: Morad Kabiri
Email: mkabiri@friendswood.com
TAYLOR MORRISON OF TEXAS, INC.
Houston Division
2929 Br Mark Dr_ Suite 400
Houston. TX 77042
p. (281) 598-3000
f. (281) 5 98 -3100
taylormondson.com
Re: Letter Agreement Regarding Friendswood Lakes Boulevard Road Right -of -
Way (the "Road Project") and Avalon Subdivision Detention Capacity
Dear Mr. Davas and Mr. Kabiri:
Taylor Morrison of Texas, Inc. ("Taylor Morrison") owns approximately 184 acres
of land, more or less (the "TM Tract") located primarily in the City of Friendswood,
Galveston County, Texas, which TM Tract as is depicted on Exhibit "A" attached hereto.
Taylor Morrison has dedicated the necessary right-of-way to City of Friendswood
(the "City") for the construction of Friendswood Lakes Boulevard (the "Boulevard") from
the western boundary of the TM Tract to the eastern boundary of the TM Tract, being the
current point of termination of such Boulevard as is depicted on Exhibit "B" attached
hereto.
Wesley West Cattle, L.P. and Wesley West Descendants Trust (collectively,
"West") own approximately .0576 acres of land, more or less (the "Boulevard Parcel"')
immediately adjacent and east of the TM Tract, as depicted on Exhibit "C" attached
hereto, which Boulevard Parcel is needed to connect the existing point of termination, of
the Boulevard and the TM Tract.
1
DocuSign Envelope ID: 2E371FE7-E9F2-4CD2-A274-B77BA2BAAD21
This letter agreement ("Letter Agreement") sets forth the understanding and terms
by and among Taylor Morrison, the City and West regarding the responsibilities and
obligations of each of the parties related to the conveyance of the Boulevard Parcel by
West for the construction of the Boulevard and, in exchange, for Taylor Morrison to
provide to West for the benefit its property, owned by West immediately east of and
adjacent to the TM Tract and depicted on Exhibit "E" attached hereto (the "West
Property") for drainage of the West Property onto and into the 38 acre lake, more or less
on the TM Tract, subject to the terms and conditions provided below. Discharge shall be
limited to the developed flows from the 14.5 acres of West Property land currently within
the Clear Creek Watershed. Additional drainage for the West Property is provided by the
Boulevard via three (3) E Inlets (the "Initial Boulevard West Connection") until the West
Property is developed, at which time the Initial Boulevard West Connection will need to
be converted to storm sewers with storm pipe tied in.
Section 1: Detention Facilities. On or before September 1, 2021 Taylor Morrison
intends to construct detention facilities to accommodate its development on the
TM Tract as depicted on Exhibit "D" attached hereto (the "Detention Facilities"),
which Detention Facilities will provide approximately 158 acre-feet of capacity.
Taylor Morrison hereby agrees that West shall be provided with up to thirty (30)
acre-feet of capacity within such Detention Facilities so long as such excess
capacity is available (it being agreed that the only way that such excess capacity
would not be available would be if the City or some other governmental authority
increase the required detention amounts so that the excess capacity falls below 30
acre-feet). At its option West and or its successors and assigns shall have access to
the Detention Facilities for the West Property (the "West Property Storm
Connection") via a twenty-five (25) foot wide storm sewer easement in the
approximate location shown on Exhibit "F" attached hereto. -
Section 2: Allocation of Costs. Taylor Morrison shall be responsible for paying
all costs associated with the design, construction, and inspection of the Detention
Facilities, except that West, or any future owner wishing to pursue it, shall pay for
all costs associated with engineering and construction of the West Property Storm
Connection and the conversion of the Initial Boulevard West Connection (which
collects undeveloped storm water flows) into storm sewers at such time as the
West Property is developed
Section 3: Maintenance Obligation. Once construction of the Detention Facilities
has been completed and Taylor Morrison has accepted the Detention Facilities,
Taylor Morrison shall have the sole obligation to continue to maintain the
Detention Facilities or cause the homeowner's association created to serve the
residential community served by the Detention Facilities (the "HOA") to maintain
the Detention Facilities at no expense to West. Once the West Property Storm
2
DocuSign Envelope ID: 2E371 FE7-E9F2-4CD2-A274-B77BA2BAAD21
Connection has been constructed, West shall be responsible for maintaining the
West Property Storm Connection at no expense to Taylor Morrison or the HOA.
Section 4: Road Project Construction and Conveyance of Boulevard Parcel. The
City agrees that in accordance with (i) the May 7, 2018 Agreement for Funding of
Public Improvements and (ii) the May 7, 2018 Interlocal Contract between the City
of Friendswood, Texas and the County of Galveston, the Boulevard shall be built
under the same specifications and dimensions, as is the existing Friendswood
Lakes Boulevard located in the West Ranch Subdivision. Taylor Morrison will be
responsible for the construction of approximately two hundred ten feet (210') of
the Boulevard being four (4) lanes from the easternmost terminus in lieu of their
monetary contribution as provided for in the Agreement for Funding of Public
Improvements. West agrees that, within thirty (30) days of execution of this Letter
of Agreement, it shall convey the Boulevard Parcel to the City, Galveston County
or such other governmental authority, as appropriate, by such deed or other
conveyance document requested by the applicable governmental entity.
Section 5: Failure to Construct Detention Facilities. If Taylor Morrison fails to
complete construction of the Detention Facilities on or before December 31, 2022,
or if Taylor Morrison is unable to make available to West thirty (30) acre-feet of
detention within the Detention Facilities, then Taylor Morrison agrees to pay to
West the amount of $ $20,000.00 as consideration for the conveyance of the
Boulevard Parcel.
Section 6: Default and Remedies. If either party fails to perform its obligations
under this Letter Agreement, the other party shall have all rights and remedies
available to it at law or in equity resulting from such default.
Section 7: Term. Unless terminated in writing by mutual agreement of Taylor
Morrison, the City and West, this Letter Agreement shall continue in full force and
effect from the date hereof until December 31, 2022.
Section 8: Notice. Any notice provided or permitted to be given under this Letter
Agreement must be in writing and may be served by (a) depositing same in U.S.
mail, addressed to the party to be notified, postage prepaid and registered or
certified with return receipt requested; or (b) by delivering the same in person to
such party. Notice given by mail shall be effective three (3) days after deposit in
the U.S. mail and notice delivered in person shall be effective upon receipt. For the
purpose of notice, addresses of Taylor Morrison and West shall, until changed as
hereinafter provided, be as follows:
3
DocuSign Envelope ID: 2E371 FE7-E9F2-4CD2-A274-B776A26AAD21
Taylor Morrison: Taylor Morrison, Inc.
Attn: Mr. Bobby Skinner
2929 Briarpark Dr., Suite 400
Houston, TX 77042
Telephone: (281) 598-3040
Email: bskinner@taylormorrison.com
West: Stedman West Interests, Inc.
Attn: Mr. Wm. David Davas
1600 W. Loop South
Suite 2700
Houston, Texas 77027
Telephone: (713) 363-3003
Email: ddavas@stedmanwest.com
City: City of Friendswood
Attn: Mr. Morad Kabiri
910 S. Friendswood Dr.
Friendswood, TX 77546
Telephone: (281) 996-3250
Email: mkabiri@friendswood.com
Section 9: No Waiver. The failure of either party hereto to insist, in any one or
more instances, upon performance of any terms, covenants, or conditions of this
Letter Agreement, shall not be construed as a waiver or relinquishment of the
future performance of any such term, covenant, or condition by the other party
hereto, but the obligation of such other party with respect to such future
performance shall continue in full force and effect.
This Letter Agreement constitutes the entire agreement by and between Taylor
Morrison, the City and West with respect to the Boulevard Parcel and the Detention
Facilities. Please indicate your acceptance of the terms and conditions set forth herein by
executing a counterpart of this Letter Agreement where indicated below and returning it
to Taylor Morrison. This Letter Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, and all of which shall constitute one
instrument.
[Signature pages follow this page.]
4
DocuSign Envelope ID: 2E371FE7-ESF2-4CD2-A274-B77BA2BAAD21
Very truly yours,
TAYLOR MORRISON OF TEXAS, INC.
BCDocuftned
bt.vF $kiln Ut.t V
1F4E17823E8A413B..
�r Robert Skinner
Authorized Agent
AGREED TO AND ACCEPTED THIS DAY OF .2020.
CITY OF FRIENDSWOOD
[�V'47
d by:
By:
6,wh
Name: orad Kabiri
city Manager
AGREED TO AND ACCEPTED THIS 1 DAY OF JULY , 2020.
Wesley West Cattle, L.P.
By. 41-�L/f�
Name: Stuart W. Stedman
Sole Manager of Stedman West Land and
Title: Cattle Company LLC, General Partner
AGREED TO AND ACCEPTED THIS 1 DAY OF TULY , 2020.
Wesley West Descendants Trust
By:
Stuart W. Stedman
Title: Co -Trustee
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DocuSign Envelope ID: 2E371FE7-E9F2-4CD2-A274-B77BA2BAAD21
Misty Moniot
From: Dave Davas
Sent: Tuesday, June 30, 2020 5:06 PM
To: Stuart W. Stedman; Misty Moniot
Subject: TM Letter Agreement for Detention and ROW
Attachments: TM. Letter Agreement for Detention and ROW 6.24.20 (002) WDD - Comments ....pdf
Stuart,
Attached for your review and signature is the Letter Agreement between WWC, WWDT, TM and City of Friendswood for
our donation of the parcel for Friendswood Lakes Blvd in exchange for us to receive an easement with the option to
drain a portion of acreage into TM dentition pond.
Misty, please set up for Stuart's a signature.
Stuart, please let me know if you have any questions.
Dave
1
DocuSign Envelope ID: 2E371FE7-E9F2-4CD2-A274-B77BA2BAAD21
2020-07-01 TM Letter Agreement for Detention
and ROW 6.24.20 (002) WDD - Comments
Final Audit Report 2020-07-01
By: Misty Moniot (mmoniot@stedmanwest.com)
Status: Signed
Transaction ID: CBJCHBCAABAAI_Oasz4DxV20zcpzAPCrBLJmX%AbOmPI
"2020-07-01 TM Letter Agreement for Detention and ROW 6.24.
20 (002) WDD - Comments" History
tJ Document created by Misty Moniot (mmoniot@stedmanwest.com)
2020-07-01 - 2:04:11 PM GMT- IP address: 139,138.153,186
Document emailed to Stuart W. Stedman (swstedman@stedmanwest.com) for signature
2020-07-01 - 2:06:03 PM GMT
Email viewed by Stuart W. Stedman (swstedman@stedmanwest.com)
2020-07-01 - 2:15:44 PM GMT- IP address: 104.4.62.226
o Document e-signed by Stuart W. Stedman (swstedman@stedmanwest.com)
Signature Date: 2020-07-01 - 2:17:03 PM GMT - Time Source: server- IP address: 104.4.62.226
Signed document emailed to Misty Moniot (mmoniot@stedmanwest.com) and Stuart W. Stedman
(swstedman@stedmanwest.com)
2020-07-01 - 2:17:03 PM GMT
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