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HomeMy WebLinkAboutCity Council Resolutions (R-02-2056)-11/19/2002 RESOLUTION R-02-2056 A RESOLUTION APPROVING AN AGREEMENT BETWEEN BROADLAND LIMITED PARTNERSHIP, THE DAVID BAGWELL COMPANY AND DAVID BAGWELL AND THE CITY OF COLLEYVILLE RELATED TO THE COLLEYVILLE TRAIL SYSTEM WHEREAS, the City of Colleyville has adopted the "Colleyville Pathways: a Citywide Trail System Plan" that, when complete, will serve to connect the strategic points throughout the City; and WHEREAS, the Colleyville City Council desires to continue to develop the City of Colleyville's trail system throughout the City to enhance mobility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby approves an Agreement between Broadland Limited Partnership, the David Bagwell Company and David Bagwell and the City of Colleyville related to the Colleyville Trail System, hereby attached as Exhibit "A". AND IT IS SO RESOLVED. PASSED BY A VOTE OF S AYES, 0 NAYS AND 0 ABSTENTIONS ON THISTHEJIle(. DAY OF ~.II'U'>Yll.vJ 2002. l ~T~C2J\-~ Cynthia Singleton, /R~ City Secretary ~~C?~E: ~~p ~ rr Mayor Exhibit "A" AGREEMENT THIS AGREEMENT is made this 3rd day of December 2002, by and between BROADLAND LIMITED PARTNERSHIP, DAVID BAGWELL, AND DAVID BAGWELL COMPANY, hereinafter referred to as "Developer" and the CITY OF COLLEYVILLE, hereinafter referred to as "City". WHEREAS, the Developer is in the process of developing the subdivisions known as Westcliff, Phase I (hereinafter referred to as "Subdivision"), within the City of Colleyville; and WHEREAS, a dispute has arisen between the Developer and the City relating to the dedication of property for the Colleyville trail system and the construction of the trail with regard to the Subdivision; and WHEREAS, the parties to this agreement desire to settle their dispute in order to promote the interest of both the Developer and the City; NOW, THEREFORE, upon the mutual covenants, conditions and promises contained herein, the parties hereby agree as follows: Developer's Obligations With Regard to the Trail System 1. The Developer and the City hereby agree that the following criteria shall govern the obligations of the Developer to dedicate property to the City and to construct the Colleyville trail system (as identified in Exhibit "A" hereto) with regard to the Subdivision. Segment B - This section of the trail is located on the east side of Newkirk Lane and extends from the northern boundary of the LOS Church property in a northeasterly direction to a point where the trail crosses into the McPherson Park property, a distance of approximately 410 linear feet. The Developer shall construct this portion of the trail as part of the development of Westcliff I Addition, 1.2 The sections of the trail the Developer is required to install shall be constructed in accordance with Section 15,5,A, detail number P-8A of the Colleyville Land Development Code. Developer-City Agreement Page 2 Release 2.1 Except for the obligations imposed on the parties by this agreement, the City, on its own behalf and on behalf of its respective agents, employees, servants, representatives, attorneys, insurers, reinsurers, subsidiaries, successors and assigns, and any entity claiming by, through or under it, does hereby release, acquit, and forever discharge Developer, their agents, employees, servants, representatives, attorneys, insurers, reinsurers, subsidiaries, successors, and assigns, from and against any and all claims, demands, causes of action, liabilities and damages (including but not limited to actual damages, exemplary and punitive damages, statutory damages, penalties, attorney's fees, prejudgment and post judgment interest and expenses), or any and every character, kind and nature whatsoever, at law or in equity, whether known or unknown, past, present or future, accrued or unaccrued, contingent or fixed, whether based on the law of contract, tort or otherwise, whether under statutory law or the common law, arising out of, resulting from, based upon or related in any way to the actions of the parties with regard to the dedication or construction of the Colleyville trail system reflected on Exhibit "A", or in the negotiation and execution of this agreement. 2.2 Except for the obligations imposed on the parties by this agreement, Developer on its own behalf and on behalf of its respective owners, shareholders, agents, representatives, subsidiaries, successors and assigns, and any entity claiming by, through or under him, do hereby release, acquit and forever discharge the City, its agents, employees, servants, representatives, attorneys, insurers, reinsurers, subsidiaries, successors, and assigns, from and against any and all claims, demands, causes of action, liabilities and damages (including but not limited to actual damages, exemplary and punitive damages, statutory damages, penalties, attorney's fees, prejudgment and post judgment interest and expenses), of any and every character, kind and nature whatsoever, at law or in equity, whether known or unknown, past, present or future, accrued on unaccrued, contingent or fixed, whether based on the law of contract, tort, or otherwise, whether under statutory law or the common law, arising out of, resulting from, based upon or related in any way to the actions of the parties with regard to the dedication of construction of the Colleyville trail system reflected on Exhibit "A", or in the negotiation and execution of this agreement. 2 Developer-City Agreement Page 3 Other Development Regulations 3. This agreement is intended only to govern the obligations of the Developer concerning the dedication of property for and the construction of the Colleyville trail system as reflected on Exhibit "A". This agreement is not intended to and shall not be construed to vary or alter any other development regulations which are applicable to the Subdivisions. Miscellaneous Provisions 4,1 This agreement shall be binding upon and for the sole benefit of both parties hereto and their respective heirs, successors and assigns and not for the benefit of any third-party and may not be assigned in whole or part without the written consent on the other party, 4.2 This agreement may not be changed orally, but only by an agreement in writing signed by the parties. No act, delay, omission, course of dealing between the parties will be a waiver of any rights or remedies under this agreement. Any waiver of any right, remedy or requirement under the terms hereof on any occasion will not be a bar or constitute a waiver of the exercise of the same or other right or remedy on subsequent occasions. 4.3 This agreement shall be governed by and be in accordance with the laws of the State of Texas. 4.4 If any provision of this Agreement shall for any reason be held to be invalid or unenforceable. such invalidity or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid or unenforceable provision have never been contained herein. 4.5 This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed an original. 3 Developer-City Agreement Page 4 EXECUTED on the date first above written. DEVELOPER BROADLAND LIMITED PARTNERSHIP DEVELOPER DID NOT EXECUTE AGREEMENT. By: Its General Partner DAVID BAGWELL COMPANY By: David Bagwell, President DAVID Bagwell By: David Bagwell CITY OF COLLEYVILLE / tP~~~ Donna Arp, Mayor By: CITY COUNCIL APPROVED DEe 3 2002 4 \' \, \- I He I .- ~. o+c t. ft It"r(,' I S~,..e~~ ~ --