Villages of CC 6-CS 951107PLEASE DELIVE~ THE FOIA.OWING PAGES TO:
D~ D~
NUMBER OF PAGES flNCLUDING COVER SBEET):
,,~,,,,~.- Pier_ loc. ~_
.NICHOLS, JACKSON, DILLARD, HAGER & SMI IH, L.L.P.
~C~-~L UL~-~C , 1800 Lincoln Plaza
CAY'3 M BEn~/.a.'. Dallas. Texas 75201
~nuc~_ ~ ~'c<:~t~nr, (214) 965-9900
F~x (214) 965-0010
19, 1995
Michael A. Martin
Engineering Department
City of Coppell
P.O. Box 478
Coppell, Texas 75019
Re: Developer's Agreement for Villages of Cottonwood Creek, Section VI
Dear Mike:
Enclosed is the Developer's Agreement revised in accordance with your memo of
May 17.
Since I did not originally even know what the agreement was and do not have a map,
it has been difficult for me to prepare this Agreement. In addition, since I did the original
draft, our development file on this matter has been inadvertently thrown away. If an), other
changes are necessary in the form of this Agreement, please let me know.
Very truly yours,
,,-------.~ICHOLS, JACKSON, DILLARD,
'. 'xI-IAGER & SMITH. L,L.P. /'-'~,.
.'\ ~ f'-. ,,.~ ~'
/ c, , = ' '-.,
Robert L. Dillard, III
RLD/ckh
Enclosure
.MEMORANDIvq~!
To: Rob Dillard, City Attorney
From: Michael A. Martin, E.I.T., Graduate Engineer
RE: Villages of Cottonwood Creek Section VI Developers Agreement
Date: May 17, 1995
Before the Villages at Cottonwood Creek Section VI revised construction plans can be approved.
the following commems should be addressed in a developers agreement. These commems
should be in addition to what is already mentioned in the first draft that was sent to Gar3' Sieb.
A comment needs to be included that states Lots 36.46, 47 and 48 of Block A need to be either
sodded and/or seeded prior to final acceptance of the subdivision. Also. comments stating that
these lots shall be maintained by the subdivision's Homeowners Association until permits are
allowed for development of lots.
Next. it needs to be mentioned that once the property to the west of the subdivision i.e., John
Adams tract develops the owner shall construct the Cliffton Court cul-de-sac as initially
approved by the CiD' on January 12, 1995. This involves removal of dirt and concrete and the
construction of the cul-de-sac as initially approved.
Also, there should be an escrow required to do this removal and construction.
· F::E ,No. 166 09/1.~ '9b :5:11 bk..;, I--'.._,N E~JGINEERING ,:::..... ~:~:~,..~.~.o P--qGE 2
DEVELOPER'S AGREEM~RNT
FOR VILLAGES OF COTTO.NV~OOD CREEK SECTION VI
This Agreement is nladc this 12th day of September, 1995, by and between Jim Sowell
Construction Company, Inc. doing business as Villages of Cottonwood Creek Section VI,
hereinafter referred to as "Developer", and thc City of Coppell, Texas, a Texas municipal
corporation, hereinafter referred to as "City".
WITNESSETH:
WHERFAS, Developer is thc owner and developer of Village of Cottonwood Creek,
Section VI, IocateA a the intersection of Graywood Land and Pedmore Drive in the City of
Coppell, Dallas Couniy, Texas, hereinafter referrcd to as the "Property'; and
WHEREAS, Developer has filed with the City an application to replat Lots 19-36, 4~i,
and 46; and
WHEREAS. Developer and City desire to enter into an agreement conccrning
dcvclopmcnt of Lots 36.46, 47. a~xi 48, Block A, Village of Cottonwood Creek Section VI;
NOW, THEREFORE, for and in consideration of the mutual covenants and benefits
contained herein, the suffwiency of which is hcreby acknowledged by the execution hereof,
Developer and City agree as follows:
1. Approval of the final replat of Lots 7-22, 23-36, 45-48, Block A. of Section VI,
Section VI, Village of Cottonwood Creek, by the City's Planning and Zoning Commission was
made subject to a temporary restriction of the development of Lots 36, 46, 47, and 48 of Block
A of said subdivision.
Page I
F;LE No. 16~ 09x13 '95 15''~... ~,,~,:T?TON ENGII',F_ER~NG _P14 225...19~6 w.G~ 3
2. In connection with the development of other lo~s in the addition, dirt will be
removed for grading purposes and placed [emporarily on Lots 36, 46, 47, and 48, Block A. It
is thc responsibility of Developer to remove such din from tho~ Lots prior to thc time o~'
development of such Lots. Lots 36, 46. 4.7, ax~zi 48 will be sodded and/or seeded at thc sole
expense of Developer prior to final acceptance of thc subdivision.
3. The removal of dirt from Lots 36, 46, 47, and 48 of Block A will be at thc sole
cost and expense of Developer. Lots 36, 46, 47, and 48, Block A will be maintained by thc
Homeowner's ~ialion of Villages of Cov. onwood Crc~k umil permits are allowed by thc City
for development of thc lo~s.
4. Once the property to the west of thc subdivision, the John Adams tract, is
developed, Developer shall construct Cliffion Court cul-de-sac as initially approved by the City
on lanuary 12, 1995. This construction will include removal of dirt and concrete and the
construction of the cul~lc-sac in accordance with the City approved plans. In order to assure
the City that such construction will be complemd as required, Developer agrees to place the sum
of $18,115.60 in escrow with die City, subject to thc order of thc City Engineer, to provide
funds for the removal of the slope and concrete and construction of thc cul-de-sac. If thc
Developer does not initis~e work at the time of development of thc John Adams tract and if the
escrow is sufficient at thc lime required, thc City will contract for and complete construction
using the escrow fund. If it is insufficient, Developer a~,rces to place additional funds in escrow
to prodt_~e au amoum sufticicnt to compk~ thc construction. If thc escrow amount is in excess
of what is requital, ar~y ex_ce.ss will be rerun-tied by Ihe City to thc Developer, without interest,
Page 2
FI-E No. 166' 0g/13 'g~3 1'3:12 iF~J..TiDT.3N ENGINEERi%G 214 226j,,.g46 PP/~E 4
or if the Developer completes the improvements as described above then the City will refund
to the Developer the escrow amount without interest.
$. The provisions of this Agreement are hereby d~clated to be covenants running
with Lots 36, 46. 47, and 48 of Block A and are fully binding on ali successors, heirs and
assigns of Developer who acquire any right, title or interest in or to any of said Lots, or any
part thereof. Any person who acquires any right, title or interest in or to any of said Lots or
any part thereof, thereby agrees and covenants to abide by and fully perform the provisions of
this Agreement prior to attempting any development of any kind on any of such Lots.
6. Ti'is Agreement will be recorded in the l~al Property Records of Dallas County,
Texas, by thc Civy. The release of this Agreement or any of the Lots subject hereto will be
furnished to Developer by City upon satisfactory completion of the removal of thc dirt from any
one or more of such Lots and acceptance of regrading of any such Lot by the City.
7. The Developer shall comply with all the applicable ordinances of thc City, as
am. ended from thne to t/mc, and with all laws and regulations of all otb. er governmental agencies
with jurisdiction, as amended from time to time, over the property.
8. If any article, paragraph, section, sentence, clause or phrase of ~ Agreement
shall be or become illegal, null or void for any reason or shall be held by any cout~ of
competent jurisdiction to be illegal, null or void, the remaining articles, paragraphs, sections,
sentences, clauses or phrases shall continue in full force and effect and shall not be affected
thereby. It is hereby declared that said remaining articles, paragraphs, sections, sentences
clauses or phrases would have been and are imposed irrespective of the fact that any one or
Page 3
~-:_E %t,. _~ L.~/i~ "3'.r> 1-3:12:3:-:PTZ'~. ENC-'"JEI-k':"~;(~ ;'1~: 2:'6 1346
more articles, paragraphs, sections, sentences, clauses or phrases shall bo~ome or be illegal, null
or void.
O. Thi~ Agreemem and the rights o[ thc owne~ betc~ shall be governed by the laws
of thc State of Texas. Venue for any action shall be in Dallas County, Texas.
JIM SOWELL CONSTRUCTION COMPANY, INC. CITY OF COPPELL, TEXAS
d/b/a Vfl._I,AGE OF COTTON%VOOD CREEK
SECTION VI
aoC~/ Name:
Title: ~'t~ t~c~qe~ Its:
STATE OF TF~(AS )
COUNTY OF DAI I-AS )
This instrument was acknowledged betbre me on the ~ day of
1995. by .5'y"~a'//~',e' ~. ,~,,v~ __/Y,t',Y'~'d~/Y~- of Jim Sowell Company d/bls
Village of Cottonwood Creek. for and on behalf of ~id co~p0ration.
.-
{!_"':.9.':.F~"_ ~ ~t, 1~ Notary Public, ~f ~-exas
STATE OF TEXAS )
COUNTY OF DALIAS )
This instnm,.~nt was acknowledged before me on the ___ day of September, 1995, by
....... ~ ,._ of the City of Coppell, Texas, a
Texas municipality, for and on behalf of said municipality.
Notary Public, State Of Texas
Page 4
JIM
SOWE~.L {~ONSTRUCTION COMPANY 1 1 0 2
VILLAGE AT co'rTONW CRE~KcPH~._E .. ~- .........
..'-~ _ DEE.~E;:-E,7. N ?vOL'..'TE .;:-'o r~ ?~-'c~ ,
O'31 '~ ~ ~ ~ ." .............. _
..... o~/9~ t£'3CqL.,-~ ~:i!'n -'~.'_ C::" !L~Lib.6C ,?.C'-J
1102 i£':115 .......
COMPASS BANK i i 0 2
JIM
SOWELL
CONSTRUCTION COMPANY OALLA$. TX 7~.~,0
VILLAGE AT COTTONWOOD CREEK PHASE 6 8~-;44-1;19
3131 ¥CK"~i',---Y AVE.. SJITE 20C
~)AL~.AS. TEXAS 752C4-247'I
: "'-: .... ....e !-~d '-if~r, & ' - ...........
.g,.,~.oe. T'~ousar'd '"" od'-et ,- - '~'='- 6.../"" ' 1 ..,,.~ ,'"~'~. ~. _~..- :~'r-- --.._.
DATE
: PAY
· 'POI'HE
;ORDER CITY OF COPPEL~
,OF
i '::).0. BC)X 479
~,..~ c~._ T;< 75019
:~'OO~,~,08"' !-';i,l,i,~O?hh5': ?08.~5~,I,~,'
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F;._.E "..o. 'nn_~., 09~13 '95 10:0,7 'D:-'PT"N Fr'-.,SZNE?,ING ,z_~-"'' _,:::[: .9,~.," r-,~-- a
Tipton Engineering, [nc.
ESCROW AGREEMENT KSTIMATE
Villase At Cottonwood Creek Section V~ CP4040
Coopell. Tex~ ~ 4Jun-05
D~cr~tiou U~ Oty Price
Uncl~si~ Ex.ration CY 6,200 I 20 $7.440.00
TOT~ ~CAVA~ON __$7,~0.00
6" 3000 PSI Reinf. Concrete Street (28') SY 520 14.15 $7,358 00
6" Lime Stabilized Subgrnde SY '~'i7 0.80 445.60
Hydrated Lime TOI~' 8 74.00 592.00
Remove and Dispose of Existing Concrete SY 456 5.00 2,280.00
TOTAL PAVI~-G I $10.675.~
TOTAL CONSTRUCTION COST [ ' $18,115.60]
l~ole: Unit prit~s were tslig~ from actual contr~t~d it=ms with the exoeption of Concxe~c Removal
"' ..... 16:"7 iD:T!.C'ON z-',IGI~?FR]~.~ ~_A ~-~c 19£6