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HomeMy WebLinkAboutCity Council Resolutions (R-03-2132)-04/15/2003 RESOLUTION R-03-2132 A RESOLUTION AUTHORIZING THE APPROVAL OF THE CITY/DEVELOPER AGREEMENT WITH TOMMY CUNNINGHAM FOR THE SPARGER-FELPS ADDITION WHEREAS, Tommy Cunningham is developing 6 residential lots at the Sparger-Felps Addition, Colleyville; and WHEREAS, The Owner/Oeveloper will install an eight inch water line along the east side of Felps Drive, and the City shall waive the water impact fees; and WHEREAS, The Owner/Developer will escrow $33,854 for future improvements to Felps Orive, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City/Developer Agreement for the Sparger-Felps Addition, hereby attached as Exhibit "A" I is approved. AND IT IS SO RESOLVED. PASSEO BY A VOTE OF i.f AYES, J NAYS, AND 0 ABSTENTIONS ON THIS THE ...<5~ DAY OF /J LJ/CAJ 2003. ,. \- ATTEST: . t]Sin9Ieton, TRMC City Secretary ~ CITY OF COLLEYVILLE: ~~(J. Dl:n7;rp GV(j Mayor EXHIBIT "A" City of Colleyville City-Developer Agreement Sparger Felps Addition That Tommy Cunningham, hereinafter called "Developer" and the City of COlleyville, Tarrant County, Texas hereinafter called "City", enter into the following agreement. In consideration of the mutual covenants herein contained and for Sparger Felps Addtion, Lots 1-7, Block 1 an addition to the City of Colleyville, Texas as filed of record in Volume 388-Z, pg 109 of the Plat Records of Tarrant County, Texas, the parties hereto do agree: 1, The "Developer" agrees to escrow the "City" the sum of $33,854.00 for the future improvements to Felps Drive. This agreement shall serve as the written waiver from the general requirement for the improvement of perimeter streets as provided in Chapter 9, Section 16B, Paragraph 3, "Escrow" of the Land Development Code. 2. The "Developer" agrees to install the 8- water line along the east side of Felps Drive per the City of Colleyville Water System Capital Improvements Plan at a cost of $49,475.00 and the City agrees to waive the water impad fee of $15,996.00. 3, The "Developer" understands that he has no authority to cancel or amend the terms of the agreement without specific written authority of the "City". 4, If for any reason the ownership of the property should change prior to the acceptance by the City of the water improvements at Sparger Felps Addition, it is agreed that these conditions will pass from this "Developer" to the next owner and the City will require proper signatures of the new "developer" agreeing to the terms of this agreement 5, Upon completion of the work, good and sufficient title to all publiC facilities constructed, warranted free of any ltens or encumbrances, is hereby vested in the City of Colleyville, 6, The "Developer" agrees to pay all fees associated with development within the City of Colleyville including but not limited to the following: plan review and inspection fee, and Project Inspector overtime charges, 7, The "Developer" agrees to inform builders of the drainage requirements set by the City approved drainage and lot grading plans. The "Developer" to be involved in resolving any and all disputes concerning the construction of any retaining wall facilities or other necessary structures regarding lot drainage and compliance with the approved lot grading plan. No deviations from the City approved plans will be accepted. 8. The "Developer" agrees to complete all infrastructure improvements before the "City" issues a certificate of occupancy for the first residential permit. The "City" agrees to issue two building permits for lots of the developer's choice before public improvements are complete due to existing infrastructure availability. IN WITNESS WHEREOF, the parties to these presents have executed this contrad in three (3) counterparts, each of which shall be deemed an original on this day of .200_. CITY COUNCIL APPROVED APR 1 5 2003 ~