HomeMy WebLinkAboutResolution - 2004-R0367 - Paving Refund Agreement - J.L. Elliott Construction, Inc. - 07_21_2004Resolution No. 2004-R 0367
July 21, 2004
Item No.. 13
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Pre -Paid Paving Refund Agreement
by and between the City of Lubbock and J.L. Elliott Construction, Inc., Craft
Construction Co., and Mike Field Development, Inc., for pre -paid paving costs associated
with The Chaparral. Said Refund Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this
ATTEST:
Re cca Garza, City Secretary
APPROVED AS TO
City Engineer
APPROVED AS TO FORM:
w
Richard K. Casner
First Assistant City Attorney
Ke/ccdocs/PrePaid Paving Agreement.Res
July 12, 2004
21st
day of July , 2004.
Resolution No. 2004-R0367
July 21, 2004
Item No. 13
PRE -PAID PAVING REFUND AGREEMENT
THIS Pre -Paid Paving Refund Agreement is effective the 22nd day of July, 2004,
by and between the City of Lubbock, a Texas home rule municipal corporation (the
"City") and J.L. Elliott Construction, Inc., Craft Construction Co., Inc., and Mike Field
Development, Inc. (collectively, the "Developers").
WHEREAS, the Developers, by Plat and Dedication Deed dated July 22, 1983,
and recorded in Volume 1868, Page 572, of the Real Property Records of Lubbock
County, Texas, platted certain lots, and dedicated certain lands to the public, for public
use forever, as described therein, associated with The Chaparral, an addition to the City
of Lubbock, Lubbock County, Texas (the "Chaparral Addition");
WHEREAS, in association with the plat approval process of the Chaparral
Addition, Developers paid to City the amount of Ninety Thousand Thirty Two Dollars
And Twenty -Eight Cents ($90,032.28), being the estimated cost of the Developers' share
of the pre -paid paving costs related to Chaparral Addition;
WHEREAS, the estimated pre -paid paving costs were in excess of the actual
costs, resulting in an overpayment by the Developers to the City of the amount of Fifty -
Two Thousand Two Hundred Fourteen Dollars and Twenty -Seven Cents ($52,214.27)
(the "Refund"); and
WHEREAS, the City now desires to refund to the Developers the Refund; NOW
THEREFORE,
City and Developers hereby agree as follows:
1. City shall pay to J. L. Elliott Construction, Inc., the sum of
Seventeen Thousand Four Hundred Four Dollars and Seventy -Five
Cents ($17,404.75), being its pro rata portion of the Refund.
2. City shall pay to Craft Construction Co., Inc., the sum of
Seventeen Thousand Four Hundred Four Dollars and Seventy -Six
Cents ($17,404.76), being its pro rata portion of the Refund.
3. City shall pay to Mike Field Development, Inc., the sum of
Seventeen Thousand Four Hundred Four Dollars and Seventy -Six
Cents ($17,404.76), being its pro rata portion of the Refund.
4. Developers hereby represent and warrant that they, and they alone,
own the Refund, as well as any other demands, obligations or any
other matter related to the pre -paid paving costs (the "Other
Obligations"), if any, and that they have not transferred, conveyed,
PrePaid Paving Refund Agreement
Page 1 of 4
pledged, assigned or made any disposition of the Refund or Other
Obligations.
5. Developers agree that the Refund constitutes the entire amount due
regarding or relating to the pre -paid paving costs associated with
the Chaparral Addition, and hereby release, acquit, and forever
discharge City of and from any and all costs or claims, connected
with or related to the funds paid by them to the City related to the
Chaparral Addition.
6. The terms of this Agreement shall inure to the benefit of, and be
binding upon, Developers and their legal representatives,
successors or assigns.
7. All signatories to this Agreement hereby warrant that they have
authority to execute this Agreement and bind the respective parties
hereto.
8. This Agreement provides the entire agreement of City and
Developers with respect to the matters discussed herein, and
supersedes all prior and contemporaneous oral or written
understandings, agreements, statements or promises.
9. If any portion or term of this Agreement is held unenforceable by a
court of competent jurisdiction, the remainder of this Agreement
shall not be affected and shall remain fully enforceable.
10. Developers represent to City that this Agreement has been
carefully read and Developers understand the contents hereof and
have signed the same as their own free act.
11. All provisions of this Agreement are contractual and not mere
recitals and this Agreement shall be governed by the laws of the
State of Texas.
DATED effective the 22nd day of July, 2004.
PrePaid Paving Refund Agreement
Page 2 of 4
ATTEST:
Rebe ca Garza, City Secretary
APPROVE S TO CONTENT:
Larry Hertel, .E.
City Engineer
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
CITY OF LUBBOCK
PrePaid Paving Refund Agreement
Page 3 of 4
Richard/PrePavingRefund.agrmt
July 9, 2004
DEVELOPERS
J.L. E MOTT ONSTRUCTION;
B
ame•
CRAFT CONSTRUCTION CO., INC.
Name:
Title:
MIKE FIELD DEVELOPMENT, IN
By:
Name:
Title:
PrePaid Paving Refund Agreement
Page 4 of 4