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Four Seasons/FP-AG 910625 AGENDA REQUEST FORM CITY COUNCIL ~RTING June ZS, 1991 IT~-M NUMBER--~~--- ITEM CAPTION: CONSENT AGENDA Discussion and approval of an Escrow Agreement between the City of Coppell and Mardevco Credit Corporation (the owner of the proposed Four Seasons Addition) regarding property at the southeast corner of Royal Lane and Thweatt Road. A PPRO YE 9 (z:,.,. SUBMITTED BY: EVALUATION OF ITEM: CITY DATE STAFF REP.: Gary L. Sieb, Planning Director OTHER REP.: DATE: As discussed by Council on June 11, Mardevco Credit Corporation has Nroposed an Escrow Agreement between themselves and the City of Coppell, which basically states: a developers share of public improvements required by the City in the amount of $118,ZZ4.00 will be placed in escrow with the City prior to final subdivision plat approval. if cost of actual improvements is less than said amount and any accrued interest, the City shall retain the difference; if improvements cos~t more than the $118,ZZ4 plus any accrued interest, the City shall make up the short fall. Council also cautioned that this Escrow Agreement is not to be interpreted as general policy, that each Escrow Agreement would be judged on its/ndivid-~l merits. As used in this agreement, the escrowed amount refers to no~mal street improvements required at time of development. BUDGET AMT. AMT +/- BUDGET COMMENTS: N/A AMT. ESTIMATED FINANCIAL REVIEW BY LEGAL REVIEW BY: ~,GENDA REQUEST FORM EEV~F..D 1/91 REVIEWED BY CM: D) DCAD There was no report at this time. E) ECONOMIC AND BUSINESS DEVELOPMENT BOARD There was no report at this time. F) FINANCE There was no report at this time. G) LIBRARY There was no report at this time. H) METROCREST RED RIBBON CAMPAIGN COMMITTEE (DRUG AWARENESS) There was no report at this time. I) MUD ABSORPTION There was no report at this time. J) NCTCOG There was no report at this time. K) PARK Councilman Robertson reported that the summer recreation program had over 200 children in attendance the first four days of this year. L) RECYCLING COMMITI~EE There was no report at this time. M) SCHOOL There was no report at this time. CONSENT AGENDA Item 20 A. Consideration of awarding bid from American Grass company, to provide construction of two (2) soccer fields at Andrew Brown Park in the amount of $55,427.38. B. Discussion and approval of an Escrow Agreement between the City of Coppell and Mardevco Credit Corporation (the owner of the proposed Four Seasons Addition) regarding property at the southeast corner of Royal Lane and Thweatt Road. C. Consideration of a Resolution granting Coppell Municipal Utility District (CMUD) consent to annex a 35.914 acre tract and repealing Resolution No. 042391.1. D. Consideration for a variance from Section 10-4-3B and 104-3D of the sign ordinance which concerns banners and signs attached to Public utility poles. The variance is requested by the Coppell Exchange Club to advertise the 4th of July parade. Eo Consideration and approval of a resolution designating the City Manager or his appointed designee to execute certain concession agreements relating to public parks in the city of Coppell and directing the Mayor to sign. Councilman Robertson moved to approve Item 20 A, Item 20 B, Item 20 C (Resolution 062591.1), Item 20 D and Item 20 E (Resolution 062591.2). Councilman Cowman seconded the motion. The motion carried 5-0 with Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. EXECUTIVE SESSION Item 5-ES A. Article 6252-17, Section 2 (e), Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1. Town Center Agreement 2. Potential claim against City Bo Article 6252-17, Section (f), discussion concerning the negotiating position of the City with respect to agreements involving interests in land and the value of real property. 1. House Bill 916 2. Tax Abatement Agreement 3. Mardevco (4 Seasons) 4. Kaye Street Drainage Co Article 6252-17, Section 2 (g), discussion concerning personnel. 1. Boards and Commissions appointments 2. Discussion with City Manager related to personnel The City Council convened into Executive Session at 8:35 p.m. on Tuesday, May 14, 1991 as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session and opened the Regular Session at 9:11 p.m. REGULAR SESSION There being no further business to come before Council, the meeting was adjourned at 9:11 p.m. Mark Wolfe, Mayor ATTEST: Dorothy Timmons, City Secretary CITY OF COPPELL ESCROW AGREEMENT For and in consideration of the mutual covenants and agreements herein contained, the City of Coppell ("City") and Mardevco Credit Corporation ("Developer"), a New York Corporation, do hereby agree as follows, to-wit: WHEREAS, the Subdivision Ordinance of the City requires under certain circumstances that a developer make certain street improvements in or adjacent to the area being developed and that under certain circumstances the City is authorized to levy assessments to cover the cost of such street improvements; and WHEREAS, its is also provided that where the City finds that it is not feasible to construct the improvements at the time of development, the City Council may permit the Developer to place in escrow an amount equal to the developers share of the cost of said improvements as a condition of approval of the final plat of the subdivision or final approval of the development; and WHEREAS, Developer desires to develop and construct a building on the real property more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Developer desires to place in escrow with the City $118,224.00 the ("Escrow Amount") which is the present estimated amount of Developer's share of street improvements should the City undertake a street assessment to cover the cost of roadway excavation, lime slurry, lime treatment, pavement, curb and gutter, storm drainage, median landscaping, raised pavement markers and street lights on that section of Sandy Lake Road (Thweatt Road) from the intersection, o~ RQyal Lan~ east · ' rt ~' 591.12 feet to property line of developer s prope y~ ~-~ NOW, THEREFORE, in consideration of the foregoing and consideration of (i) Developer's waiver and/or release of any and all rights to a refund of the Escrow Amount, or any part thereof in the event the Escrow A~nount is greater than Developer's share of the actual cost of the Street Improvements or the assessment therefor and (ii) City's a§reement not to "assess and collect" from Developer any amounts in excess of the Escrow AGreement for construction of the Street Improvements, City and Developer agree as follows: Developer waives and/or releases any and all rights to a refund of the Escrow Amount, or any part thereof. City shall not "assess and collect" from Developer (and waives and/or releases any and all rights to "assess and collect" for the Street Improvements, regardless of whether the Escrow Amount is less than Developer's share of the actual or assessment cost of the Street Improvements. 3. Upon deposit of the Escrow Amount City shall not withold the issuance of Buildin§ Permits based upon Develope~ failure construct the above mentioned Street Improveme~nts:~ SIGNED and EXECUTED this ~}'~-~ day of ~, 1991. to DEVELOPER: Mardevco Credit Corporation, a New York corporation ~ Stanle Davidow {tiv Autl~lo~ed Representat' ATTEST: CITY OF COPPELL City Secretart APPROVED AS TO FORM: Law~ce~ JacksOn; C~ Attorn~ey ' ESCROW4.SEA ROYAL LANE ~.,~.~.~,,~..,~,., ~.1 v~_ ",,t ,~. .. ~_i ', ',.i I-' ~ t ................. ~ ~ ~ ......... " -~ FINAL PLAT FOUR SEASONS ADDITION ..... ~: .......... "="' I'":' i~, [ .::.:.., i '='"'"'""'