Birdsong-CS 941108 he City With A Beauliful Fulure
CITY COUNCIL MEETING:
ITEM CAPTION:
Consideration and approval of an
authorization for the Mayor to sign.
AGENDA REQUEST FORM ^
8, 1994 ~ ITEM #
for Lot 1, Block~Birdsong Addition and
SUBMITTED BY: Kenneth M.
TITLE: Asst. City
STAFF COMMENTS:
P.E.
of Public Works
INITIALS
At the September 13, City Council meeting, the preliminary plat of the Birdsong Addition was
approved subject to escrow being paid at the time of construction of Deforest Road. To insure that the
requirement for the payment of escrow in the future is properly tracked, a Perimeter Facility Agreement
has been executed by Mr. Birdsong. This agreement basically runs with the land and as such would
be discovered during any title search for subsequent sales of the land. A'copy of the ex~eg.uted
agreement is attached.
STAFF RECOMMENDATION Approval X Denial
EXPLANATION:
Staff recommends approval of authorizing the Mayor to sign the agreement and will be available to
answer any questions at the meeting.
BUDGET AMT. $
FINANCIAL COMMENTS:
AMT. EST.$ +/- BUD:$
FINANCIAL REVIEW:
CITY MANAGER REVIEW:
Agenda Request Form - Revised 1/94
STATE OF TEXAS §
§
COUNTY OF DALLAS §
ESCROW AGREEMENT
This agreement is made and entered into by and between the City of Coppell, Texas,
a municipal corporation of the State of Texas (hereinafter referred to as "City"), and
(hereinafter referred to as "Developer").
WITNESSETH
WHEREAS, Developer is thc owner of Lot 1, Block A, Birdsong Addition, an
addition to the City of Coppell, Texas, in w.A. Irt~hle Survey, Abstract No.
t268 , Dallas County, Texas, and being more particularly described in Exhibit "A"
attached hereto for all purposes, and hereafter referred to as the "Property"; and
WHEREAS, Developer has filed with the City an application for platting the
property; and
WHEREAS, Developer and City desire to enter into an agreement concerning the
construction of Deforest Road or the payment of escrow funds for the construction of
Deforest Road;
NOW, THEREFORE, for and in consideration of the mutual covenants and benefits
contained herein, the receipt and the sufficiency of which is hereby acknowledged, the
Developer and City agree as follows:
1. That Developer is relieved of the responsibility of the immediate construction of
Deforest Road as shown on the final approved plat for the property.
ESCROW AGREEMENT - Page 1 AGG05FD1
2. In the event the City Engineer determines that Deforest Road adjacent to the
property must be improved, the Developer agrees to either construct or cause to be
constructed Deforest Road in accordance with the applicable City standards and ordinances
at its sole cost and expense, or place into escrow account with the City the sum of
Seventeen thousand, one hundred
forty-six dollars & 80/100 Dollars ($11,146.8~} for the improvement of
Deforest Road.
3. In the event the City Engineer determines that Deforest Road adjacent to the
property must be improved, the Developer agrees to cause the aforesaid construction or
payment of the escrow within thirty (30) days after receiving written notice from the City.
4. This agreement and its performance by Developer will satisfy any and all obligations
of Developer to provide the construction or escrow fees for the construction of Deforest
Road, and all improvements thereto required, under the plat approved for the property, and
under any ordinances of the City.
5. The provisions of this agreement are hereby declared covenants running with the
property and are fully binding on all successors, heirs, and assigns of Developer who acquire
any right, title, or interest in or to the property, or any part thereof. Any person who
acquires any right, rifle, or interest in or to the property, or any part thereof, thereby agrees
and covenants to abide by and fully perform the provisions of this agreement. This
agreement will be recorded in the Real Property Records of Dallas County, Texas, by City.
The release of this agreement will be furnished to the Developer by the City upon
satisfactory completion of construction of the portion of Deforest Road herein described,
and its acceptance by the City.
ESCROW AGREEMENT - Page 2 AGCJI~FD1
6. Development of the property shall comply with all applicable ordinances of the City,
as amended from time to time, and with all laws and regulations of all other governmental
agencies with jurisdiction, as amended from time to time, over the property.
7. Any notices required or permitted to be delivered hereunder shall be deemed
received when sent by United States Mail, postage prepaid, certified mail, return receipt
requested, addressed to the City or Developer, as the case may be, at the address set forth
below the signature of the party.
8. In the event any one or more of the provisions contained in this agreement shall, for
any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provisions, and the agreement shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained
in it.
9. The validity of this agreement and any of its terms and provisions, as well as the
rights and duties of the parties, shall be governed by the laws of the State of Texas, and
venue for any action concerning this agreement shall be in Dallas County, Texas.
10. If any party hereto fails to abide by its obligations hereunder, then any other party
hereto, shall, in addition to any rights and remedies available to such other party, at law or
in equity, be entitled to terminate this agreement or to enforce specific performance of the
defaulting party's obligations hereunder.
EXECUTED day of ,1994.
CITY OF COPPELL, TEXAS
(Developer)
ESCROW AGREEMENT - Page 3 AGG05FD1
TOM MORTON, MAYOR
City of Coppell
P. O. Box 478
Coppell, Texas 75019
ATYEST:
By:
Authorized Representative
(Address of Developer)
ATTEST:
LINDA GRAU, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
(PGS/jd 10/20/94)
ESCROW AGREEMENT - Page 4 AGO05FD1