95-14 R - Authorizing Mayor to Sign Agreement with Hoff and Christie JOGIT/l./ Of 'LOS E'Z
P.O. Box 297
Prosper, Texas 75078
214/347-2304
•
• RESOLUTION NO. 95-14
RESOLUTION NO. 95-14 WAS PASSED BY THE PROSPER CITY
IN A REGULAR SCHEDULED MEETING ON THE 12th DAY OF
SEPTEMBER, 1995 AUTHORIZING THE MAYOR, STEPHEN COFFMAN,
TO SIGN AN AGREEMENT WITH RICHARD HOFF AND DAN CHRISTIE
FOR SEPTIC SYSTEMS TO BE USED ON THEIR PROPERTY LOCATED
AT #6 AND #7 PASEWARK CIRCLE INSTEAD OF THE CITY SUPPLY-
ING WASTEWATER LINES. THE SEPTIC SYSTEMS WILL BE AT THEIR
COST AND NOT THE CITY' S.
• MOTION BY ••BILL NISWANGER , SECONDED BY
DAVID EtRGUSTON . CARRIED BY • 4 VOTES FOR AND
0 AGAINST.
AGREEMENT BETWEEN RICHARD HOFF
AND THE CITY OF PROSPER, TEXAS
THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN THE CITY OF PROSPER,
TEXAS, A MUNICIPAL CORPORATION ("CITY") , AND RICHARD HOFF, A PROPERTY OWNER
ON THIS THE 12th DAY OF SEPTEMBER , 1995.
WHEREAS, CITY HAS BEEN REQUESTED BY RICHARD HOFF TO ANNEX 2 ACRES OF
LAND, MORE OR LESS, IN THE JOHN R. TUNNEY SURVEY, ABSTRACT 916, COLLIN
COUNTY, TEXAS, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
"B", WHICH EXHIBIT IS ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES (THE SUBJECT PROPERTY) ; AND
WHEREAS, THE SUBJECT PROPERTY DOES NOT CURRENTLY HAVE WASTEWATER SEWER
TREATMENT AVAILABLE TO IT; AND
WHEREAS, RICHARD HOFF PROPOSES TO PROVIDE WASTEWATER TREATMENT WITH THE
USE OF SEPTIC5ANKS; AND
WHEREAS, PURSUANT TO SECTION 43.056 (d) , LOCAL GOVERNMENT CODE, RICHARD
HOFF AND CITY DESIRE TO AGREE THAT THE REQUIREMENT FOR CONSTRUCTION OF CAP-
ITAL IMPROVEMENTS BE SUBSTANTIALLY COMPLETED WITHIN FOUR AND ONE-HALF YEARS.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES, COVENANTS
AND AGREEMENTS SET FORTH HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE
HEREBY ACKNOWLEDGED, CITY AND RICHARD HOFF AGREE AS FOLLOWS:
1. RICHARD HOFF HAS REQUESTED CITY ANNEX THE SUBJECT PROPERTY, WHICH
CONTAINS 2 ACRES OF LAND, MORE OR LESS, IN THE JOHN R. TUNNEY SURVEY, ABSTRACT
916, COLLIN COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
WHICH IS ATTACHED HERETO AND INCORPORATEDD HEREIN FOR ALL PURPOSES (THE "SUB-
JECT PROPERTY") .
2. RICHARD HOFF PROPOSES TO PROVIDE WASTEWATER TREATMENT THROUGH THE
USE OF SEPTIC TANKS TO THE SUBJECT PROPERTY.
3. RICHARD HOFF AND CITY AGREE THAT THE DEVELOPMENT PROJECT WITHIN THE
SUBJECT PROPERTY, IS EXPECTED TO BE COMPLETED WITHIN FOUR AND ONE-HALF YEARS
OF THE DATE OF ANNEXATION.
4. RICHARD HOFF AND CITY AGREE THAT THE LEGAL REQUIREMENT THAT CONSTRUC-
TION OF CAPITAL IMPROVEMENTS MUST BE SUBSTANTIALLY COMPLETED WITHIN FOUR AND
ONE-HALF (41/2) YEARS SHALL NOT APPLY TO THE SUBJECT PROPERTY AND THAT THE
SUBJECT PROPERTY SHALL RECEIVE WASTEWATER TREATMENT THROUGH THE USE OF SEPTIC
TANKS PROVIDED BY RICHARD HOFF AT NO COST TO CITY.
5. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES
COVERING THE WITHIN SUBJECT MATTER. NO MODIFICATIONS OR AMENDMENTS SHALL
BE VALID UNLESS IN WRITING AND SIGNED BY THE PARTIES.
1-2
6. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS, AND ALL OBLIGATIONS OF THE PARTIES
CREATED HEREUNDER ARE PERFORMABLE IN COLLIN COUNTY, TEXAS.
7. THIS AGREEMENT SHALL BE BINDING UPON, AND SHALL INURE TO THE
BENEFIT OF, THE PARTIES HERETO AND THEIR RESPECTIVE SUCESSORS AND ASSIGNS.
8. THIS AGREEMENT SHALL BECOME A BINDING OBLIGATION ON THE PARTIES
UPON EXECUTION BY BOTH PARTIES. CITY WARRNATS AND REPRESENTS THAT THE
INDIVIDUAL EXECUTING THIS AGREEMENT ON BEHALF OF CITY HAS FULL AUTHORITY
TO EXECUTE THIS AGREEMENT AND BIND CITY TO THE SAME. RICHARD HOFF WARRANTS
FULL AUTHORITY TO EXECUTE THIS AGREEMENT AND BIND HIMSFnF TO THE SAME.
9. CITY SHALL ADOPT A RESOLUTION APPROVING THIS AGREEMENT AND AUTH-
ORIZING THE MAYOR OF CITY TO EXECUTE THIS AGREEMENT.
10. RICHARD HOFF SHALL APPROVE AND EXECUTE THIS AGREEMENT AND PROVIDE
CITY AN EXECUTED ORIGINAL OF THE SAME.
EXECUTED BY THE PARTIES HERETO ON THE DATE SET FORTH ABOVE.
CITY OF PROSPER, TEXAS
)VAr
ST N COFFMAN, M YOR
109 SOUTH MAIN STREET
PROSPER, TEXAS 75078
214/347-2304
ATTEST:
SHI LEY J ' K , Y SECRETARY
ICHARD HOFF, r OPERTY OWNER
' Hum ass C BUSINESS 289 ETJ BOUNDARY
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AGREEMENT BETWEEN DAN CHRISTIE
AND THE CITY OF PROSPER, TEXAS
THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN THE CITY OF PROSPER, TEXAS,
A MUNICIPAL CORPORATION ("CITY") , AND DAN CHRISTIE, A PROPERTY OWNER ON THIS
THE 12th DAY OF SEPTEMBER , 1995.
WHEREAS, CITY HAS BEEN REQUESTED) BY DAN CHRISTIE TO ANNEX 3.858 ACRES OF
LAND, MORE OR LESS, IN THE JOHN R. TUNNEY SURVEY, ABSTRACT 916, COLLIN COUNTY,
TEXAS, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", WHICH
EXHIBIT IS ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES (THE SUB-
JECT PROPERTY) ; AND
WHEREAS, THE SUBJECT PROPERTY DOES NOT CURRENTLY HAVE WASTEWATER SEWER
TREATMENT AVAILABLE TO IT; AND
WHEREAS, PURSUANT TO SECTION 43.056 (d) ,. LOCAL GOVERNMENT CODE, DAN CHRISTIE
AND CITY DESIRE TO AGREE THAT THE REQUIREMENT FOR CONSTRUCTION OF CAPITAL
IMPROVEMENTS BE SUBSTANTIALLY COMPLETED WITHIN FOUR AND ONE-HALF YEARS.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES, COVENANTS AND
AGREEMENTS SET FORTH HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY
ACKNOWLEDGED, CITY AND DAN CHRISTIE HEREBY AGREE AS FOLLOWS:
1. DAN CHRISITE HAS REQUESTED CITY ANNEX THE SUBJECT PROPERTY, WHICH
CONTAINS 3.858 ACRES OF LAND, MORE OR LESS, IN THE JOHN R. TUNNEY SURVEY,
ABSTRACT 916, COLLIN COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A", WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES THE
("SUBJECT PROPERTY") .
2. DAN CHRISTIE PROPOSES TO PROVIDE WASTEWATER TREATMENT THROUGH THE
USE OF SEPTIC TANKS TO THE SUBJECT PROPERTY.
3. DAN CHRISTIE AND CITY AGREE THAT THE DEVELOPMENT PROJECT WITHIN THE
SUBJECT PROPERTY, IS EXPECTED TO BE COMPLETED WITHIN FOUR AND ONE-HALF YEARS.
OF THE DATE OF ANNEXATION.
4. DAN CHRISTIE AND CITY AGREE THAT THE LEGAL REQUIREMENT THAT CONSTRUC-
TION OF CAPITAL IMPROVEMENTS MUST BE SUBSTANTIALLY COMPLETED WITHIN FOUR AND
ONE-HALF (42) YEARS SHALL NOT APPLY TO THE SUBJECT PROPERTY AND THAT THE
SUBJECT PROPERTY SHALL RECEIVE WASTEWATER TREATMENT THROUGH THE USE OF SEPTIC
TANKS PROVIDED BY DAN CHRISTIE AT NO COST TO CITY.
5. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES
COVERING THE WITHIN SUBJECT MA'r1'ER. NO MODIFICATIONS OR AMENDMENTS SHALL
BE VALID UNLESS IN WRITING AND SIGNED BY THE PARTIES.
6. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE LAWS OF THE STATE OF TEXAS, AND ALL OBLIGATIONS OF THE PARTIES CREATED
HEREUNDER ARE PERFORMABLE IN COLLIN COUNTY, TEXAS.
1-2
I
7. THIS AGREEMENT SHALL BE BINDING UPON, AND SHALL INURE TO THE
BENEFIT OF, THE PARTIES HERETO AND THEIR RESPECTIVE SUCESSORS AND ASSIGNS
8. THIS AGREEMENT SHALL BECOME A BINDING OBLIGATION ON THE PARTIES
UPON EXECUTION BY BOTH PARTIES. CITY WARRANTS AND REPRESENTS THAT THE
INDIVIDUAL EXECUTING THIS AGREEMENT ON BEHALF OF CITY HAS FULL AUTHORITY TO
EXECUTE THIS AGREEMENT AND BINK CITY TO THE SAME. DAN CHRISTIE WARRANTS
FULL AUTHORITY TO EXECUTE THIS AGREEMENT AND BINK HIMSELF TO THE SAME..
9. CITY SHALL ADOPT A RESOLUTION APPROVING THIS AGREEMENT AND AUTH-
ORIZE THE MAYOR OF CITY TO EXECUTE THIS AGREEMENT.
10. DAN CHRISTIE SHALL APPROVE AND EXECUTE THIS AGREEMENT AND PROVIDE
CITY AN EXECUTED ORIGINAL OF THE SAME.
EXECUTED BY THE PARTIES HERETO ON THE DATE SET FORTH ABOVE.
CITY OF PROSPER, TEXAS
ST P E COFFMAN MAYOR
109 SOUTH MAIN S REET
PROSPER, TEXAS 75078
214/347-2304
ATTEST:
.SHI LEY C , TY SECRETARY
DAN CHRISTIE, LAND OWNER
'�.HUNTER ASSOCIATES. INC. II •
BUSINESS 289 ETJ BOUNDARY
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