Villages of CC 6-CS 950912'FI .LE No. 166 09/13 '95 15:11~.~II):TIPTDN I~IGINEERING 23.4 ~ 1946 PAGE
DEVELOPER'S AGi~[ENT
FOR VILLAGES OF CO~OI~VOOD CREEK SECTION VI
This Agreement is mad~ this 12th day of .~, 1995, by and between Jim Sowe. ll
Construction Company. Inc. doing business as Villages of Cottonwood Creek Section VI,
hereinafter referred to as 'Developer', and the City of Coppeli, Texas, a Texas municipal
corporation, her~inaft~ referred to as 'City'.
WITNESSETH:
WH~REA,q, Developer is tl~ owner nmi developer of Village of Cottonwood Ct'ee~
Section VI, located a the intersection of Graywood Land and Pedmore Drive in the City of
CoppeH, Dallas Coumy, Texas, berelnafter referred to as thc 'Property'; and
WHEREAS, Developer has filed with the City an application tn t~-'plat Lots 19-36. 45.
WHEREAS, Developer and City desire to enter into an agreement concerning
development of Lots 36, 46, 47, and 48, Block A, Village of Cottonwood Creek Section VI;
NOW, THEREFORE, for and in considerntlon of thc mutual covenants and benefits
con~h~ed herein, the sufficiency of which is l~reby acknowledged by the execution hereof.
Developer and City agree as follows:
I. Approval of ~he ~inn! replat of Lots 7-22, 23-36, 45-48, Block A, of Section VI,
Section VI, Village of Co~onwocd Creek, by the City's Planning and Zoning Commission was
made subject to a temporary re~L'tion of th~ development of Lots 36, 46, 47, and 48 of Block
A of said subdivision.
Page I
~Im~.No. 16~ 09~'13 '95 15:11~D:TIPTON ENGIM:h_~ING 214 ~,1948 PAGE
2. In connection with the development of other lots in the ndai~tion, dit~ will be
removed for grading lmrpo~ and placed temporarily on Lots 36, 46, 47, and 48, Block A. It
is thc responsibility of Develope~ to remove such dirt from those Lot* prior to thc ~ of
development of such lots. Lots 36. 46, 47, and 4R will be ~xlded and/or seeded at thc sol~
expen~ of Developer prior to f'mal acco-prance of th: subdivision.
3. The removnl of dirt from Lots 36, 46, 47, and 48 of Block A will be at th~ sole
cost and expense of Developer. Lots 36, 46, 47, and 48, Block A will he maimained by th~
~'s Association of Villa~s o~ ~ Creek ur~ l~mits ate allowed by tbe City
for development of the lots.
4. Once the proper~ to the west of the subdivision, the Iohn Adnmn tra~t, is
developed, Dcvelol~er shall consm~ct Cliffton Court cul-~-sac as initially approved by the City
on January 12. 1995. This construction will include removal of dirt and concrete and the
construction of the cul-de-sac in ~ordancc with thc City approved plans. In order to assure
the City that such ~ will be co~plcted as required, Developer agrees to place the sum
of $~8,115.60 in escrow with the City, subject to the order of the City Engineer, to provide
funds for th~ removal of thc slopc and concrete and construction of th,- cul-de-sac, If thc
Dcvelopea- ~ not initiate work at the time of development of ~ loire Adams tract and if thc
escrow is sufficient at thc time required, the City will contract for and complete construction
using the ~ fund. If it is insufficient, Develope~ agrees to place additional funds in escrow
tO produce an amount sut~cicnt to complete thc constxuction. If the escrow amount is in excess
of what is requited, any cxr~,ea will be refunded by the City to the Dcvelopcr, without interest.
Page 2
or if tl~ Developer completes the impro~ as described above then u~e City will refund
to the Developer the escrow mount without interest.
5. Thc provisions of this A~reement are bereby declared to be covenants tannins
with Lots 36, 46, 47, and 48 of Block A and are fully binding on all succnssors, 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 tight, title or interest tn or to any of ,nld Lots or
any part thereof, thereby agrees and covenants m abide by / fully perform the pm~isions of
· is Agr~ment prior to *___~mptin~ any development of any kind on any of such Lot~.
6. This Agreement will Ix: recorded in tbe Real Propen'y Records of Dallas County,
Texas, by th~ City. The release of this A~ccment or any of thc Lots subject hereto will be
furnis~d to Developer by City upon sntisfactory completion of thc r~noval of the dirt from any
one or mom of such Lots and accoplance of regrading of any such Lot by the City.
7. Thc Developer shell comply with all the applicable ordinances of the City, as
an',~_,~d_ from time to tim~, nnd with all laws and rcguistions of all other governmental a~ncics
with jurisdiction, as amcndnd from time to time, over thc property.
8. If any article, para.apb, section, sentence, claus~ or phrase of mi~ A~ement
shah be or become illel~l, null or void for any reason or ~nl! be Rid by any court of
competent jurisdiction to be illegal, null or void, the remaining nrticles, paragraphs, scctlons,
sentences, clauses or phrases shall conttnuc tn full force and effect and shall not be affected
thereby. It is hereby declared that said remaining articles, paragraphs, sections, scntencns
clauses or phrases would have been and are imposed irre~p~tive of the fact that any one or
Page 3
· FrmF'No. 1~ 09z13 '95 15:1~ ID:TIPTDN ~INEE~ING ~14 ~ 1940 P~GE 5
more arlicks, paragraphs, sections, scnt, mc~__ __. clamm mr phrases ~1! become or be illegal, null
or void.
9. This Agreemem and t~e ~ of ~ owners he.in shah be governed by the laws
of the State of Texas. Venue for any action shall be in Dnlh, County, Texas.
JIM SOWRLL CONSTRUCTION COMPANY, INC.
d/bla vn.!_.AGE OF COTTONWOOD CREEK
SECTION VI
crrY OF COPPELL, TEXAS
Title:~
Its:
STATE OF TEXAS )
COUNTY OF D.~!.!_AS )
This iastnuaeat was aclmowledSed beror~ me on ~he
1~95, by ~
Village of Cot~ C~. for a~ ~ ~lf of ~ m~on.
N~ ~bl~, g~ of Te~
STAT]~ OF ~ )
COUNTY OF DAI.!.AS )
Texas municipality, for and on behalf of said municipality.
~ day of Scptembcr, 1995, by
of the City of Coppell, Texas, a
Notary Public, State of Texas
Page4
· FILE'No. 160 09/13 '95 10:07 ID:TIPTON ENGIb~-~IN6 214 2~6 19~6 P~ 6
UncloSed F~ava~ion
TOTAL EXCAVATION
Tipton F~nS'me~ins, [nc.
ESCRO~W AGREEMENT KSTIB~ATE
Vilhae At Cottonwood Creek Section
CY 6,200
CP4040
14-1ua-95
1.20 S'7,4~0.00
6' 3000 PS~ l~p-an~ C~-,-~em sUeet (28~ SY 520 14.15
6" Lime S~abilized Subpmle SY 557 0.80
Hydrated ]Lim_o TON 8 74.00
Remove and Dispose ofl~Asfing Concrete SY 456 $.00
TOTAL PAVING
r/,3 $ 8.00
445.60
592.OO
L $10,675.60._J
TOTAl, CON~I-ItU~..-rlON COST
L SlS,11s~0_J
47
Arco To Be
Constructed
4,676 SF
L '= 89.66'
P.'r.4__+ 1_.o.1_2 ../
48
4g
Block A
5O
4+96.67 0 R.O,W.
46
Straet I%sement
Const. 100 L.F. Ke~vo¥ Joint
_ ,.+oo _..____.~+~ ~1 ~T__
s.t~o,, Clifton Court --.. ~
3+52.24..
3+71.50 Clifton Dr.
4+93,61 Alley A2
~ 45 I 44
<~
43
T - 65.57'
L - 89.66'
47
To Be Removed
4,105 SF
Ilnstoll Std. City Borricode
I
46
P.T.4+10.12
48
49
,IS'R
4+96.67 · R.O.W. Easement
Const.
Setlon-,
3+52.24
3+71.50 Clifton Dr.
4+93.61 Alley A2
45 44
Block A ~
5O
100 L.F. Keywoy Joint
C~urt
43
· FII~E'No. 180 09y13 '95 10:07 ID:TIPTON ENGINEERING ~14 ~ 1948 PAGE 9
JIM SOWELL CONSTRUCTION COMPANY
NT
Wcu~GE AT corroNwo/r~X,c~e.C-(~.l~~ 6 DATE
NET AMOUNT
DESCRIPTION
103195
10/31/95 ESCROW WITH THE CITY
INVOICE AMOUNT
110
DISCOU
18115.60 0.00 18115.60
PAY
1102 18115.60 0.00 18115.60
JIM SOWELL CONSTRUCTION COMPANY
VILLAGE AT COTTONWOOD CREEK PHASE $
3131 MCK)NNE¥ AVE., SUITE 200
DALLAS, TEXAS 75204-2471
COMPASS BANK
DALLAS. TX 75380
110
Eighteen Thousand One Hundred Fifteen & 60/100 Dollars ........
DA~ AMOU~
10/31/95 ***.18,115.60
CITY OF COPPELL
P.0. BOX 478
COPPELL, TX
75019
FAX COVER SIt~EET
Fax No. IZI41 304.56.7,0.
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