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2002-406S:\Our Documents\Ordinances\02\Shpard Homes Settlement Ord.do¢ AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO EXECUTE A SETTLEMENT AGREEMENT WITH SHEPHERD PLACE HOMES CONCERNING DRAINAGE AND STREET IMPROVEMENTS FOR THE BELLAIRE NORTH ADDITION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, subsequent to final plat approval of the Development certain disputes have arisen between the Developer and the City conceming certain drainage improvements and adjacent street improvements including the relocation of Denton Municipal Electric ("DME") utility facilities; and WHEREAS, the City and Developer desire to compromise and settle these disputes; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a Settlement Agreement between the City of Denton and Shepherd Place Homes, Inc. to compromise and settle certain disputes concerning drainage and street improvements for the Bellaire North Addition, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the/0¢ day of ~/~ ~/~{ j ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: BY. ~ ~~ SETTLEMENT AGREEMENT This agreement is entered into as of the effective date set forth below by and between the City of Denton, Texas (the "City") and Shepherd Place Homes, Inc, (the "Developer"). WHEREAS, the Developer is the developer of that certain residential development known as Bellalre North Addition, an addition to the City of Denton, Texas (the "Development"); and WHEREAS, subsequent to final plat approval of the Developmem certain disputes have arisen between the Developer and the City concera/ng certain drainage improvements (the "Drainage Improvements") and adjacent street improvements including tho relocation of Denton Municipal Elec~c ("DiV~") utility facilities (the "Street Improvements"); and WlqEKEAS, City and Developer desire to compromise and settle these disputes; NOW, THEREFORE, in comideration of the mutual covenants contained herein, the sufficiency of wHich is hereby acknowledged, the City and.Developer agree as follows: The City has agreed to 'allow for certain moclifications to the alignment and width of the pavement for the adjacent streets, Mockingbird Lane and Audra Lane (the "Street Realignments"). This results in a reduction of the cost for relocation of DIvI~ utility facilities. In addition, in lieu of constructing the Dr~J~nage Improvements which are within a City easement along the back 15 feet of Lots 1-11, Block A of the Development, the City and Developer have agreed that the Developer will pay the City the sum of $40,000.00 as its proportional share of the Drainage Improvements (the "Proportional Share"). If the Drainage Improvements ~re not constructed with/n five yom from the date of this agreement ~e City will refti~d the Proportional Share to the Developer. The Developer maderstaads that no f~cing in or filling of the dra/nage easement will be allowed. T~e City shall abartdont~0 feet of the easement along the back 15 feet of Lots 1-11, Bloe,k' ,A of ~e Developm, ent. The Storm Sewer system shall be installed w~thm the\City's drainage easement along the northern The City will file the abandonment for the DrMnige Easement 10 feet cf the easement along the back 15 feet of Lots 1-11, Block A of the Development. Page I 4. As a result of the Street lteaiignme~ts and the C{ty's acceptance of payment of the Proporfiona! Share in lieu of constructing the Drainage Improvements, Devaloper hereby releases the City, its employees, officers and representatives from any and all claims, actions and causes of action arising om of the construction of the Street Improvements, including the DME utility relocations and Drainage Improvements including the requiremen~ of paying the Propo~onal Share. This releases m~y claims ~he Developer may have that the Street Improvements (including the DME utility relocations) or Proportional Share do not meet the nexus and rough proportionality requirements of Town of Flower Mound v. Stafford Estates Limited £artnershit~ and Dolan v. City of Tigard. The Developer also releases and indemnifies the City from and against any md all claims, actions or causes of action within the scope of the above release that may be a~serted by any individual or entity that is affiliated with the Developer in anyway what~oover, Signed to be effective the ~'~ay-- of Noveml/er, 2002. CITY O1~ DBNTON, TF..XAS ACKNOWLEDGMBNTS This instrument was executed this the~__~ day of November, 2002 by Robbie Hale, the ~ of Shophercl Place Place limes, Inc. on behalf of said corporation. r the State of Texas Page 2-~ Notary Publio in and for tho State of Texas This instrument city, w~ executed th/s the ]~) day of ~ 2002 by. ~c// ,,~,42/&~£f' of the City o£ Denton, Texas. on behalf of said Notary Public in and for the State of Tex~ .'". Page