HomeMy WebLinkAboutRes 2019-10-631 Subdivision Improvement Agreement with Pecan Grove Phase II, LTD (Pecan Grove Ph II)CITY OF ANNA, TEXAS
RESOLUTION NO. Z- /Cl -10 - 6 ,�5 1 _
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING
A SUBDIVISION IMPROVEMENT AGREEMENT (ESCROW AGREEMENT) FOR
PECAN GROVE PHASE II SUBIVISION BY AND BETWEEN THE CITY OF ANNA AND
PECAN GROVE PHASE II, LTD, A TEXAS LIMITED PARTNERSHIP, AS SHOWN IN
EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Pecan Grove Phase II Subdivision is an active development project in
the City of Anna; and,
WHEREAS, the public improvements internal to Pecan Grove Phase II Subdivision are
substantially complete, including the public paving, drainage, water, and sanitary sewer
improvements; and,
WHEREAS, the public improvements internal to Pecan Grove Phase II Subdivision are
substantially complete, including the public paving, drainage, water, and sanitary sewer
improvements; and,
WHEREAS, Division 6 of the Subdivision Ordinance of the City of Anna, Texas, allows
for a Subdivision Improvement Agreement to be entered into whereby funds may be
escrowed in the amount required to complete the remaining subdivision improvements.
WHEREAS, the Subdivision Improvement Agreement (Escrow Agreement) authorizes
the City to hold in trust $28,550.00 in funds to an escrow account; and,
WHEREAS, the City shall be authorized to use the escrowed funds to complete the
required subdivision improvements if the Developer fails to comply with the completion of
the required improvements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Execution.
That the City Manager is hereby authorized to execute the Subdivision Improvement
Agreement (Escrow Agreement) attached hereto as Exhibit "A."
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 15th
day of October 2019.
ATTEST: APPROVED:
.�`�OF A
�Ntuulrl+iupp�,i
City Secretary, Carrie L. Smith = * @ayor, Nate Pike
COUNTY OF COLLIN )
STATE OF TEXAS
ESCROW AGREEMENT
By this Escrow Agreement (this "Agreement"), Pecan Grove Phase II Ltd., a Texas limited partnership, (the
"Developer"), agrees to escrow funds described hereafter to guarantee to the City of Anna, Texas (the "City"),
a home -rule municipality, the installation of certain water, wastewater, streets and storm drainage
improvements (collectively, the "Public Improvements"), and the parties agree that said escrow funds shall be
governed in the following manner:
The Developer shall pay to the City in cash $28,550.00 (the "Escrow Amount") contemporaneously to the
execution of this Agreement with the worksheet for the amounts being attached as Exhibit "A". The City shall
hold said amount in trust and shall release same to Developer upon completion and City inspection and
approval of the Public Improvements, subject to the following conditions.
The Developer shall notify the City in writing upon completion of the Public Improvements ("Notice of
Completion Notice") and the City shall thereafter have 30 days to inspect said improvements and to provide
the Developer with written notice of approval or denial. The City's approval shall not be unreasonably
withheld. If the City issues a denial, the City shall include in the denial a description of any inadequacies, and
the Developer shall cure same and issue a new Notice of Completion to the city. The City's failure to notify the
Developer as to approval or denial within the 30 -day time period following proper delivery to the City of any
Notice of Completion shall be deemed as approval of the Public improvements by the City as of the date that
is 31 days after the date that Developer has properly delivered to City such Notice of Completion.
In consideration of this Escrow Agreement, the City agrees to allow the Developer to file a final plat prior to
the completion of the Public Improvements, which are necessary to serve all or a part of the property that is
Pecan Grove Phase II, and release all completed lots for permit. The Developer agrees that the Public
Improvements shall be fully completed to allow inspection and approval by the City no later than October 30,
2020. If work is not completed on any platted block, permits will not be released on said block. When the
work on that block is complete, Pecan Grove Phase II Ltd. will request a walk-through with the City
Construction Superintendent. Upon approval from the City Construction Superintendent, the City shall
provide Pecan Grove Phase II Ltd. a letter stating that all Public Improvements for that block are complete.
Pecan Grove Phase II Ltd. and /or the homebuilder(s) shall include that letter in their submittal of the building
permit for each lot on that block.
ESCROW AGREEMENT
PAGE 1 OF 4
If for any reason the Public Improvements are not fully completed to allow inspection and approval by the City
on or before October 30, 2020, the city shall issue a written failure -to -comply notice to the Developer,
notifying the Developer that the Developer must fully complete the Public Improvements within 30 days of the
date of the failure -to -comply notice (the "Cure Period"). If for any reason the Developer subsequently
fails to fully complete the Public Improvements to allow inspection and approval by the City before the
expiration of the Cure Period, then the City is entitled to expend all or any part of the Escrow Amount that is
necessary to fully complete the Public Improvements.
If, after the City fully completes the Public Improvements, any portion of the Escrow Amount has not been
expended, such amount shall be refunded to the Developer. If, after the City fully completes the Public
Improvements, the City determines that the City's costs to fully complete the Public Improvements exceeded
the Escrow Amount, then the Developer shall reimburse the City such excess amount. Any amount that
becomes due under this paragraph shall be paid to the party to which it is due within 30 days of said party
providing written notice to the other party that said payment is due.
The notices required to be provided under this Agreement shall be sent by certified mail, return receipt
requested, as follows:
If to The Developer:
Attn: John Arnold
Pecan Grove Phase II Ltd.
8214 Westchester Drive
Suite 710
Dallas, TX 75225
If to The City:
Attn: City Manager
City of Anna
111 N. Powell Parkway
Anna, TX 75409
This Agreement is to ensure fulfillment of the City's land use and subdivision requirements as applicable to all
or any part of the above -referenced property. The City is not an owner of the lots or areas governed by this
Agreement and this is not an agreement for the provisions of goods or services to the City. To the extent that
any other agreement between the parties conflicts with this Agreement, then this Agreement shall govern to
the extent of the conflict as pertains to the subject manner of this Agreement.
(Remainder of page left blank; signature pages to follow)
ESCROW AGREEMENT
PAGE 2 OF 4
Developer:
Pecan Grove Phase II Ltd., a Texas Limited Partnership
By: Pecan Grove Phase II GP,
A Texas Corporatia- , ifs General Partner
By:
John Ofiold, its Director
Before me, the undersigned notary public, on the�h day of Q , 2019, personally
appeared John Arnold, known to me (or proved to me) to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same in his capacity as Director of Pecan
Grove Phase II GP Corporation, in its capacity as general partner for Pecan Grove Phase II Ltd.
i
nnon Men� "On Expires
Notary Public, State of Texas
o. 131840132
ESCROW AGREEMENT
PAGE 3 OF 4
City of Anna:
HAF
Jim P
Before me, the undersigned notary public, on the IZ,,44- day of&J�n&,I-yJ , 2019, personally
appeared Jim Proce, known to me (or proved to me) to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of
the City of Anna and on behalf of the City of Anna.
•,,,, ...,, CARRIE L SMITH
' LV notary U) 011419404
E*w FatxuatY 4, 2023
Notary Public, State of Texas
Attachments:
Exhibit "A': Pecan Grove Phase II Escrow Worksheet
ESCROW AGREEMENT
PAGE 4OF4
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