HomeMy WebLinkAboutResolution No. 2008-48REPEALED 07/07/08 WITH R2008-56
RESOLUTION NO. R2008-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE,
AND THE CITY SECRETARY TO ATTEST, RESPECTIVELY, A
MASTER DEVELOPMENT AGREEMENT WITH LINGO FL WEST -
LAND, LTD. AND THE FRIENDSWOOD LAKES HOMEOWNERS
ASSOCIATION, INC., TO ADDRESS DEVELOPMENT OF
FRIENDSWOOD LAKES FUTURE SECTIONS (THE SUBDIVISION)
AND EXTENSION OF FRIENDSWOOD LAKES BOULEVARD.
WHEREAS, LinGo FL West -Land, Ltd. is proposing to develop certain real property
within the City of Friendswood to be known as Friendswood Lakes Future Sections
("Subdivision"); and
WHEREAS, City desires that LinGo construct an extension of Friendswood Lakes
Boulevard in conjunction with the development of the subdivision, and is willing to provide the
land to do so if LinGo is willing to construct the roadway; and
WHEREAS, the Friendswood Homeowners Association, Inc. is the owner of land that
lies within the path of the projected extension of Friendswood Lakes Boulevard and is agreeable
to granting a Roadway Right-of-way and Drainage and Utility Easement in favor of City and
LinGo across said land for purposes of constructing, reconstructing, altering, and maintaining a
public roadway and drainage and utility facilities; and
WHEREAS, the parties named above are agreeable to the foregoing and desire to set
forth their agreement in a Master Development Agreement;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. That the Mayor and City Secretary are hereby, authorized and directed to
execute and attest, respectively, the Master Development Agreement by and between the City,
LinGo FL West -Land, Ltd. and the Friendswood Lakes Homeowners Association, Inc., in
substantially the same form as Exhibit A, attached hereto. A copy of such agreement attached
hereto is made a part hereof for all purposes.
PASSED, APPROVED, and RESOLVED this 2"d day of June, 2008.
David J. H. Smith
Mayor
ATTEST:
� 0� f R1Ep�
6 �2111
eloris McKenzie, TRW u� �O
City Secretary c
R2008-48
MASTER DEVELOPMENT AGREEMENT
This Master Development Agreement ("Agreement") is entered into by and between the
undersigned City of Friendswood, a body corporate and politic in the state of Texas, hereinafter
"City", LinGo FLWest-Land, Ltd., a Texas limited partnership, hereinafter "LinGo", and
Friendswood Lakes Homeowners Association, Inc., a Texas not for profit corporation,
hereinafter "FLHOA", who, joining together, do hereby state as follows:
WHEREAS LinGo proposes to develop that certain real property depicted on Exhibit "A"
attached hereto and described as Friendswood Lakes Future Sections, hereinafter "the
Subdivision", into single family residential lots each having a front dimension of not less than
ninety (90) feet, more or less; and
WHEREAS LinGo proposes to develop the Subdivision in multiple phases, generally
beginning with Section 5 and continuing through Section 11, although the size, dimension and
boundaries of the various Sections may be revised, altered or amended from what is depicted on
Exhibit "A", the Sections may be renumbered from what is depicted on Exhibit "A", and the
order of development of the Sections may be switched from a numerical sequence beginning
with Section 5; and
WHEREAS FLHOA is the homeowners association for Friendswood Lakes, and LinGo
proposes to request FLHOA to annex the Subdivision into the jurisdiction of FLHOA, and
FLHOA is willing to do so; and
WHEREAS City has acquired that certain real property generally described as 8.47 acres
and being Tract IV as referenced in that certain General Warranty Deed dated November 14,
2007 and recorded at Galveston County Clerk's Instrument No. 2007073066 in the Real Property
Records of Galveston County, Texas, hereinafter "the 8.47 acre tract"; and
WHEREAS City desires that the 8.47 acre tract be included by LinGo in a plat of some or
all of the Subdivision, with a portion of the 8.47 acre tract being platted as an extension of
Friendswood Lakes Boulevard and other city roadways as depicted on Exhibit "A" attached
hereto, and LinGo is willing to do so, and the remainder of said 8.47 acre tract being platted and
dedicated as park land/open space to be governed and maintained in perpetuity by FLHOA, and
FLHOA is willing to do so; and
WHEREAS City desires that LinGo construct an extension of Friendswood Lakes
Boulevard from its current south south-easterly terminus to the south south-easterly boundary
line of the Subdivision as depicted on Exhibit "A" attached hereto, City is willing to provide the
land required therefore, and LinGo is willing to do so; and
Page 1 of 4
WHEREAS FLHOA is presently the fee simple owner of that certain tract of land
described as Tract II in Exhibit `B" attached hereto, which land lies within the path of the
projected extension of Friendswood Lakes Boulevard, and is agreeable to granting a Roadway
Right -of -Way and Drainage and Utility Easement in favor of City across said land for purposes
of constructing, reconstructing, altering, and maintaining a public roadway and drainage and
utility facilities therein, -under, -over, and -upon; and
WHEREAS the undersigned are agreeable to all of the foregoing and desire to set forth
their agreement in this Master Development Agreement.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, City and LinGo do hereby agree as follows:
1. LinGo agrees to develop the Subdivision generally in accordance with the
conceptual plan attached hereto as Exhibit "A," upon approval by the Planning and Zoning
Commission as required by Appendix B, Section II(a)(2) of the City Code, and in compliance
with all applicable laws, statutes, rules, regulations, and ordinances of governmental entities
having jurisdiction. LinGo proposes, and is hereby allowed, to develop the Subdivision in
phases, generally beginning with Section 5 and continuing through Section 11, as permitted by
Appendix B, Section I (b)(4) of the City Code. City and LinGo recognize that the size,
dimension and boundaries of the various Sections may be revised, altered or amended from what
is depicted on Exhibit "A", the Sections may be renumbered from what is depicted on Exhibit
"A", and the order of development of the Sections may be switched from a numerical sequence
beginning with Section 5, but in all cases, all actual development must be consistent with (a) all
final plats thereof approved by City and (b) generally be consistent with the conceptual plan
attached hereto as Exhibit "A". Major changes in the conceptual plan shall be resubmitted to the
Planning and Zoning Commission for approval. As stipulated by Appendix B, Section II(a)(2) of
the City Code, minor changes may be reviewed by staff who may determine that changes are
more than minor and resubmit proposed changes to the Planning and Zoning Commission.
LinGo proposes, and is allowed, to plat each of the projected phases individually and at different
times.
2. City agrees to join with LinGo in incorporating the entirety of the 8.47 acre tract
in one or more plats of the Subdivision with the 8.47 acre tract being platted (a) as an extension
of Friendswood Lakes Boulevard from its current south south-easterly terminus to the south
south-easterly boundary line of the Subdivision and other city roadways, all as depicted on
Exhibit "A" attached hereto and (b) the remainder being dedicated to park land/open space to be
governed and maintained in perpetuity by FLHOA in exchange for FLHOA granting the
Roadway, Drainage and Utility Easement as set forth in paragraph 5 below. At no time shall fee
simple title to the 8.47 acre tract ever be transferred to LinGo.
3. LinGo shall cause the necessary surveying and platting work to be performed to
incorporate the entirety of the 8.47 acre tract in one or more plats of the Subdivision as set forth
above at LinGo's sole cost and expense, and City agrees to cooperate in all respects in
Page 2 of 4
I
connection therewith, except that LinGo acknowledges that the Planning & Zoning Commission
must independently approve any and all plats.
4. Upon final plat approval of the projected Section 7 of the Subdivision, LinGo
shall cause to be constructed the extension of the Friendswood Lakes Boulevard as set forth
above in accordance with all applicable laws, statutes, rules, regulations, and ordinances of
governmental entities having jurisdiction at LinGo's sole cost and expense, and City agrees to
cooperate in all respects in connection therewith. City shall provide the necessary real property
upon which the extension of Friendswood Lakes Boulevard is to be constructed, including
executing and delivering a Roadway, Drainage and Utility Easement to LinGo in connection
therewith, at City's sole cost and expense.
5. FLHOA shall cause to be executed and delivered to City that certain Roadway,
Drainage and Utility Easement in the form attached hereto as Exhibit "C" in exchange for City's
agreement to plat and dedicate the remainder of the 8.47 tract as set forth above as park
land/open space to be governed and maintained in perpetuity by FLHOA.
6. LinGo shall, in conjunction with construction of the improvements for proposed
Section 5 of the Subdivision, cause to be constructed the drainage improvements adjacent to
proposed Section 5 of the Subdivision and the Mission Estates subdivision that have heretofore
been approved by the Galveston County Consolidated Drainage District, all at LinGo's sole cost
and expense.
7. The undersigned understand and agree that this Agreement shall first become
effective upon final plat approval of proposed Section 5.
8. The undersigned agree to cooperate in the furtherance of this Agreement and the
purposes of this Agreement, and no party shall interfere with the rights of any other party granted
or created hereunder.
9. This Agreement is signed in the state of Texas and is governed by, and shall be
construed in accordance with, the laws of the state of Texas. Time is of the essence of this
Agreement. The terms and provisions hereof shall be binding upon and inure to the benefit of
each of the undersigned and their respective successors and assigns, which such terms and
provisions may be freely assigned. This Agreement contains the entire agreement between the
undersigned relating to the subject matter hereof except as otherwise set forth in writing signed
by both of the undersigned, none of the undersigned shall be bound by any verbal statement
made heretofore concerning the subject matter hereof, and there is no other agreement between
the undersigned hereto concerning the subject matter hereof. If any term or provision contained
in this Agreement is in conflict with any applicable law, such term or provision shall be deemed
omitted herefrom and all other terms of this Agreement shall remain in full force and effect.
Notwithstanding any rule of law to the contrary, no provision of this Agreement shall be
construed in favor of or against a party solely upon the basis of the identity of the author of this
Agreement, this Agreement having been authored by counsel for each of the undersigned and
Page 3 of 4
each of the undersigned having had full opportunity to discuss this Agreement and the terms and
provisions hereof with its counsel and to negotiate at arms length all terms and provisions hereof.
10. Entered into the date last signed below.
Dated: 06/02/08 CITY OF FRIEND. WOOD
By:
David J.H. Smith
Mayor
ATTE
.t�O� FR��pO��
v 00
0
De oris McKenzie, TRMC * t
City Secretary d j, bb
Dated:
LINGO FLWEST-LAND, LTD.,
a Texas limited partnership,
By: LinGo Properties, Inc.,
Its general partner,
By:
Tracy F. Goza, President
Dated: FRIENDSWOOD LAKES
HOMEOWNERS ASSOCIATION, INC.
Name:
Title:
Page 4 of 4