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