HomeMy WebLinkAboutOrdinances (O-05-1546)-09/20/2005
ORDINANCE 0-05-1546
AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN CONTRACT
FOR PUBLIC IMPROVEMENTS BETWEEN LONGWOOD PLAZA PARTNERS, LP
AND THE CITY OF COLLEYVILLE, TEXAS FOR THE COLLEYVILLE OFFICE PARK
WHEREAS, Longwood Plaza Partners, LP, (Developer) shall pay for traffic signal
improvements at the intersection of Longwood Drive and SH 26 and the
City of Colleyville, Texas shall manage the construction as determined by
municipal ordinance under Subchapter C. Developers Participation in
Contract for Public Improvements, Local Government Code, State of
Texas; and
WHEREAS, The City of Colleyville and Developer hereby entered into a City
Developer Agreement/Contract for the Colleyville Office Park, which
specifies the level of participation that the City has agreed to with the
Developer.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Developer shall pay for the improvements and the City shall
manage the construction of the improvements.
Sec. 2.
THAT the City's participation be limited to construction management only.
Sec. 3.
THAT all of the Developer's books and other records related to the project
shall be available for inspection by the City.
Sec. 4.
THAT the City Manager is hereby authorized to execute this agreement.
AND IT IS SO ORDERED.
~st reading and public hearing being conducted on the
~t3.tAJ 2005.
~, secoJld ~ea~ing and public hearing being conducted on the
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6 fI.1{ day of
..2/)~ day of
ATTEST:
i11
Cynthia Singleton, TRMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
I
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Matthew C.G. Boyle
City Attorney
Ordinance 0-05-1546
Page 2 of 2
CITY OF COLLEYVILLE
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David Kelly
Mayor
City of Colleyville
City-Developer Agreement
Longwood Estates at Ross Downs Addition
That Longwood Plaza Partners, LP, organized under the laws of the State of Texas, hereinafter
called "Developer" and the City of Colleyville, Tarrant County, Texas hereinafter called "City",
enter into the following agreement (The Agreement).
In consideration of the mutual covenants herein contained, the sufficiency of which is hereby
affirmed, and for the purpose of developing lots in the Longwood Estates at Ross Downs
Addition to the City of Colleyville, Texas approved by the Planning and Zoning Commission in
Case #P-05-012, the parties hereto agree:
1. The Developer agrees to pay the City $116,000 (the "Deposit") to secure Developer's
obligation to pay (and provide a source of payment) for the construction of traffic signal
improvements (the "Improvements") at the intersection of Longwood Drive and State
Highway 26. The Developer has provided the City (i) Texas Department of
Transportation (TxDOT) approved construction plans for said improvements, and (ii) an
engineer's estimate of the probable cost of the improvements. The City agrees to
construct said improvements. The parties acknowledge that the actual cost of
construction may be more or less than the Deposit, and that if the actual cost exceeds the
Deposit, Developer will be obligated to promptly pay the amount of the excess, and if the
actual cost is less than the Deposit, the City will refund the unexpended portion of the
Deposit to Developer. Developer acknowledges that the City will award a contract or
contracts for the performance of the work in accordance with a competitive bidding
process. The City agrees that if the successful bidder's bid exceeds 105% of the
engineer's estimate, the City will not accept the bid without obtaining Developer's
consent, which consent will not be unreasonably withheld. Similarly, if the
circumstances arising after the award of the contract for the work result in a proposed
increase in the cost of the work, the City will not agree to any increase without
Developer's consent, which consent shall not be unreasonably withheld. .
2. The Developer understands that he has no authority to cancel or amend the terms of the
agreement without specific written authority from the City.
3. Upon completion of the work, good and sufficient title to all public facilities constructed
included within the Improvements, warranted free of any liens or by the Developer, and
approved by City staff, shall be vested in the City of Colleyville. Developer agrees to
provide and execute any necessary conveyance document.
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IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3)
counterparts, each of which shall be deemed an original on this J.. 0 day of :ip-{ . , 2005.
DEVELOPER
CITY OF COLLEYVILLE
LONGWOOD PLAZA PARTNERS, LP
GITY COUNCIL APPROVED
SEP 2 0 2.005
By: Cloudloft Investments, LC,
its general partner
'~
~~ ~
William A. Peavy III, anager
j/~t-~
William Lindley
City Manager
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