R-2629-6-07RESOLUTION NO. 2629-&07(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING AN AGREEMENT BY AND AMONG THE CITIES
OF ALLEN, FRISCO AND PLANO TO AMEND A PROVISION OF PRIOR
FUNDING AGREEMENTS RELATED TO THE DEVELOPMENT OF DESIGN
DOCUMENTS FOR THE ARTS OF COLLIN COUNTY COMMISSION, INC.;
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN
CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the cities of Allen, Frisco, and Plano, collectively referred to as "Cities," previously entered into
capital funding agreements for design and other services related to the Arts of Collin County Commission,
Inc,. sometimes referred to Arts of Collin County, Inc, and these agreements contained provisions for the
cities to receive credit for the advancing of bond funds for the proposed project upon the city entering into a
Contribution Agreement for an Approved Project; and,
WHEREAS, these funding agreements were executed with the good faith understanding and intention that an
Approved Project and Contribution Agreement would be in place not later than October 1, 2007; and,
WHEREAS, the Allen City Council finds that the Contribution Agreement and Approved Project may not be
in effect by October 1, 2007, and it is reasonable to extend this date in the capital funding agreements to
October 1, 2008, in order to carry forward the provision for receiving credit for previously advanced funds
and preserve the remaining terms and conditions of the existing agreements; and,
' WHEREAS, the Allen City Council has been presented with an Agreement to amend the funding agreements
for design services and construction related to the Arts of Collin County Commission, Inc. so that Article III
in those Agreements relating to the deadlines for receiving credit should be extended for one year to
October 1, 2008; and,
WHEREAS, upon full review and consideration of the amendment to the Agreement, and all matters related
thereto, the Allen City Council is of the opinion that the terms and conditions of the Agreement shall be
approved, and that the City Manager shall be authorized to execute it on behalf of Allen.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City of Allen approves the Agreement, attached hereto as Exhibit "A," to amend the
previously adopted funding agreements for the limited purpose to extend the date to October 1, 2008, for
credit to be made in Article III of the funding agreements, and all other remaining terms and conditions are in
full force and effect.
SECTION 2. The City Manager is hereby authorized to execute the Agreement and all other documents in
connection therewith on behalf of the City of Allen, substantially according to the terms and conditions set
forth in the Agreement.
SECTION 3. This Resolution shall become effective immediately upon its passage.
1
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 12TH DAY OF JUNE, 2007.
APPROVED:
z4j;L
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Geo , CITYSECRE ARY
Resolution No. 2629-6-07tR), Page 2