HomeMy WebLinkAboutCity Council Resolutions (R-12-3482)-04/11/2012RESOLUTION R-12-3482
A RESOLUTION APPROVING AN AMENDMENT TO THE
CITY/DEVELOPER AGREEMENT FOR THE COVINGTON ADDITION
WHEREAS, A City/Developer Agreement was approved by the City Council for
the Covington Addition on September 4, 2007;
WHEREAS, The ~~developer" has changed from Covington Partners, LLC to
Ashton Dallas Residential, LLC;
WHEREAS, Ashton Dallas Residential, LLC is requesting to remove Section
Four in its entirety;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the City/Developer Agreement for the Covington Addition
approved by the City Council on September 4, 2007 and executed
on October 3, 2007 is hereby amended per Exhibit ~~A".
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF / AYES, ~ NAYS AND 0 ABSTENTIONS
ON THIS THE 11T" DAY OF April 2012.
ATTE CITY OF COLLEYVILLE
/ ~ ~ `_
~
Cy a Singleton, T M, CMC David Kelly
City Secretary Mayor
Exhibit "A"
AMENDMENT TO CITY /DEVELOPER
AGREEMENT FOR COVINGTON ADDITION
THIS FIRST AMENDMENT TO CITY/DEVELOPER AGREEMENT FOR
COVINGTON ADDTION (this "Amendment") is made and entered into effective as of
April 11, 2012, by and between the CITY OF COLLEYVILLE, Tarrant County, Texas
(the "Citv"), and ASHTON DALLAS RESIDENTIAL L.L.C., a Texas limited liability
company ("Developer"), successor in interest to Covington Partners, LLC
("Partners").
RECITALS:
A. The City and Partners are parties to a City/Developer Agreement for
Covington Addition (the "Aareement") dated October 3, 2007, relating to the
development of the Covington Addition, an addition to the City of Colleyville,
according to the map or plat thereof recorded in Cabinet A, Slide 11839 of the Plat
Records of Tarrant County, Texas (the "Addition").
B. Partners sold the Addition to Developer and the rights, duties, and
obligations under the Agreement have been transferred by Partners to Developer.
C. The City and Developer desire to amend the Agreement as specifically
provided in this Amendment.
NOW, THEREFORE, for and in consideration of the premises and other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City and Developer agree that the Agreement is hereby
amended as follows:
1. Inco~oration by Reference. The foregoing recitals are incorporated by
reference as though fully set forth herein.
2. Defined Terms. Capitalized terms used and not otherwise defined in
this Amendment shall have the same meaning or meanings given to them in the
Agreement.
3. Private Trail. Section 4 of the Agreement is hereby deleted in its
entirety. Effective as of the date of this Amendment, Developer shall no longer be
obligated to construct and maintain a private trail located along Lots 7, 8, 9X, 10,
11, and 12 of Block B of the Addition.
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Exhibit "A"
4. Notice. The notice address for Developer set forth in Section 13h of
the Agreement is hereby changed to:
1221 N. Interstate 35E
Suite 170
Carrollton, Texas 75006
5. No Further Amendments. Except as expressly set forth in this
Amendment, the Agreement has not been modified or amended. The Agreement, as
amended by this Amendment, is in full force and effect and the parties hereto
ratify, confirm and approve in all respects the Agreement, as amended by this
Amendment. This Amendment cannot be modified or amended, except in writing
executed by the City and Developer.
6. No Oral Agreements. There are no oral or written agreements
between the parties concerning the transactions contemplated by the Agreement,
except as set forth in the Agreement and this Amendment.
7. Counterparts. This Amendment may be executed in any number of
counterparts, each of which shall be deemed an original, and all of such
counterparts shall constitute one and the same instrument, with the same effect as
if the signatures were upon the same instrument. The parties may sign and
transmit this Amendment by facsimile or other electronic means, and each party's
signature on a facsimile or other electronic transmission of this Amendment shall be
considered an original signature with the same binding effect as an original
signature on this Amendment.
8. Controlling Agreement. In the event of a conflict between the terms
and provisions of this Amendment and the terms and provisions of the Agreement,
the terms and provisions of this Amendment shall control.
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Exhibit "A"
This Amendment is duly executed by the parties hereto as of the date set
forth above.
THE CITY:
CITY OF COLLEYVILLE
By : /,--~ a---a-~
Name
Title:
DEVELOPER:
ASHTON DALLAS RESIDENTIAL L.L.C.,
a Texas limited liability company
~~~ ~
sy:
Gary Rae, Dallas Division President
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