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HomeMy WebLinkAboutCity Council Resolutions (R-13-3587)-01/15/2013 RESOLUTION R-13-3587 A RESOLUTION APPROVING A CITY/DEVELOPER AGREEMENT BETWEEN AVERE COLLEYVILLE, SL, LLC AND THE CITY OF COLLEYVILLE FOR THE HERITAGE FARMS DEVELOPMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, Section 13 of Ordinance 0-12-1832, approved by the City Council on October 1, 2012 authorizing the Heritage Farms Development, requires the developer to enter into a City/Developer Agreement (CDA) with the City for the construction of a roundabout at the intersection of Bedford Road/Court and Cheek-Sparger Road; and WHEREAS, Avere Colleyville, SL, LLC has agreed to the terms of said agreement in accordance with Ordinance 0-12-1832. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the CDA between Avere Colleyville, SL, LLC and the City of Colleyville for the Heritage Farms Development, attached as Exhibit "A", is hereby approved. Sec. 2. THAT the CDA shall be executed upon the signature of the city manager. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, 0 NAYS AND 0 ABSTENTIONS ON THIS THE 15TH DAY OF JANUARY 2013. ATTEST: CITY OF COLLEYVILLE dop, 4.1 Amy • elley David Kelly I City Secretary Mayor Exhibit "A" City of Colleyville City/Developer Agreement for Heritage Farms Development That, Avere Colleyville, SL, LLC hereinafter called "Developer" and the City of Colleyville, Tarrant County, Texas, hereinafter called "City", enters into the following agreement (The "Agreement"), which shall become effective upon the signature of both parties. NOW, THEREFORE, in consideration of the mutual covenant herein contained and for the purpose of developing Heritage Farms, the parties hereto do agree to the following items: 1. The Developer will provide the City with a report from a Registered Professional Engineer licensed in the State of Texas stating that a roundabout (the "public improvements") at Cheek-Sparger Road and Bedford Road/Court provides the City with a recommended method of traffic mitigation. 2. The Developer will contract for the public improvements using reputable contractors. All contract documents will bear the seal of a Registered Professional Engineer licensed in the State of Texas. The scope of work for the public improvements will include a two- year maintenance bond in the amount of 10% of the construction cost. 3. The Developer will submit the contract documents to the City for its review and approval. As a prerequisite to commencing construction on the roundabout, the City must approve the contract documents and issue a Notice to Proceed to the Developer. 4. The Developer understands that permit fees, and plan review fees associated with Heritage Farms must first be paid to the City in order for the City to reimburse Developer for the cost of the public improvements. 5. The City agrees to the roadway impact fee credit and fee reimbursement schedule per "CDA - Exhibit A" for all expenses incurred by the Developer for the purposes of designing and constructing the public improvements. 6. The reimbursements and credits from the City of Colleyville referenced in Section 5. above shall not exceed $675,000. City/Developer Agreement for Heritage Farms Development Page 1 Exhibit "A" 7. The Developer understands that no final Certificate of Occupancy will be given for the first completed senior living building at Heritage Farms, either (a) the Assisted Living/Memory Care building, or (b) the Independent Living building, until the public improvements are accepted by the City. 8. The Developer agrees to provide the City with As-Built drawings of the completed public improvements. 9. The Developer understands it has no authority to cancel or amend the terms of this agreement without specific written authority by the City. 10. If for any reason the ownership of the property should change prior to the acceptance of the public improvements by the City, the conditions of this agreement will pass to the subsequent Owner/Developer. The City will require proper signatures of the new Owner/Developer showing acceptance of the terms of this Agreement. This Agreement is duly executed by the parties hereto as of the date set forth below. Avere Colleyville, SL, LLC By: Don Wilson Name: Don Wilson, President Date CITY OF COLLEYVILLE Name: Jennifer Fadden, City Manager Date City/Developer Agreement for Heritage Farms Development Page 2 Exhibit "A" CDA - Exhibit "A" SCHEDULE OF ROADWAY IMPACT FEE CREDITS AND FEE REIMBURSEMENT BY CITY TO DEVELOPER FOR PUBLIC IMPROVEMENTS AT CHEEK-SPARGER ROAD AND BEDFORD ROAD/COURT Phase 1 Phase 2 TOTAL USES Construction of Roundabout by Developer $875,000 Less: Developer Contribution ($200,000) Total Reimbursement by City to Developer: $675,000 SOURCES FEES FROM COVENANT CHRISTIAN ACADEMY Perimeter Street Fees(already paid) $140,438 FEES FROM,AND CREDITS TO, DEVELOPER Roadway Impact Fee (Credit) Office $4,090 Memory Care $21,420 Assisted Living $35,224 Independent Living $217,404 TOTAL Roadway Impact Fees $60,734 $217,404 $278,138 Park Land Dedication Fees Office $1,200 Memory Care $2,400 Assisted Living $2,400 Independent Living $291,924 TOTAL Park Land Dedication Fees: $6,000 $291,924 $297,924 Building Permit& Plan Review Fees Office $18,434 Memory Care $39,371 Assisted Living $54,302 Independent Living $117,613 TOTAL Building Permit& Plan Review Fees: $112,107 $117,613 $229,719 FEE AND CREDIT TOTALS TOTAL ELIGIBLE ROADWAY IMPACT FEE CREDITS NOT CHARGED TO DEVELOPER $60,734 $217,404 $278,138 TOTAL ELIGIBLE FEES PAID FROM DEVELOPER $118,107 $409,537 $527,644 TOTAL FROM FEES PAID BY CCA $140,438 TOTAL ELIGIBLE FEES&CREDITS $319,279 $626,941 $946,220 City/Developer Agreement for Heritage Farms Development Page 3 Exhibit "A" CDA — Exhibit "A" REIMBURSEMENT AND CREDIT TO DEVELOPER TOTALS Phase 1 Phase 2 TOTAL ROADWAY IMPACT FEE CREDITS FROM CITY TO DEVELOPER ($60,734) ($217,404) ($278,138) FEES REIMBURSED BY CITY TO DEVELOPER ($258,545) ($138,317) ($396,862) TOTAL FEES AND CREDITS TO DEVELOPER FROM CITY ($675,000) REMAINING SOURCES AFTER REIMBURSEMENT TO DEVELOPER $271,200 (from unreimbursed Phase 2 fees) BALANCE OF REIMBURSEMENT DUE DEVELOPER $0 NOTE: Roadway impact fee credits are authorized per Section 13-180 of the Colleyville Land Development Code. City/Developer Agreement for Heritage Farms Development Page 4