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For the purposes of this section, a commercial building shall mean and include any building which is intended to be used or which is actually used for any activity involving the offering, buying, selling, manufacturing, assembly, trading fabricating, delivering of goods and/or services, or any other activity, for profit as part of a business or commercial activity engaged in for gain or livelihood. C. VARIANCES The City Council may grant a variance from the requirements of Part A of this section if the City Council finds: 1. That the nature, type and operation of the business or businesses to be conducted within the commercial building is inherently susceptible to conflagration; and, not 2. That the design and location of the commercial building is such that masonry, glass or equivalent construction would not facilitate the control of a fire in said building by the Fire Department; and, 3. That the structure is located in such would be no danger of damage or injury to property or improvements in the event of an isolated area that there adjacent or surrounding fire. D. AUTOMATIC FIRE CONTROL DEVICES Overhead sprinkler systems or other equivalent automatic fire control devices shall be installed in all commercial buildings where the interior open floor space exceeds 6,000 square feet, or where designated by the building official where the building official finds: 1. That the activity conducted within the commercial building is such that the susceptibility of the building to fire is substantially increased over the normal susceptibility of other commercial buildings; or, 2. That the activity within the building is such that in the event of a fire said building would be more susceptible than the normal commercial building to explosion; collapse, or other extraordinary damage or events; or, 3. That the location and activity conducted within the building is such that it creates an extraordinary danger of damage to surrounding buildings and property in the event of fire. E. FIREWALLS Where multiply uses occur under a singel roof of a commercial building such as shops, stores, offices or any other busienss purpose a four hour firewall shall be constructed and maintained from the foundation of said building to the roof, completely separating each different business use within the building. SECTION II: Issuance of a building permit for Commercial will be contingent upon the requirements set this ordinance (Ordinance No. 278). Structures forth in AND IT IS SO ORDERED, PASSED AND APPROVED THIS THE day of ~ 1982. ATTEST: City Secretary APPROVED AS TO FORM: City Attorney EXHIBIT "A" DEVELOPERS AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as South]ake or City, and the undersigned Developer, hereinafter referred to as Developer, of Addition to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. I. GENERAL REQUIREMENTS: It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. The City of Southlake will withhold all building permits for said lots or parcels until completion and acceptance of useable increments of all facilities listed in this agree- ment. All subgrade of streets must be completed prior to the issuance of any building permits. All of the facilities listed in Paragraph II of this agree- ment will be cons>ructed within three (3) years from the date of the signing of thi~ agreement by the City of Southlake and the Developer. Before work is commenced, a Developer's Completion Bond will be furnished to the City of Southlake in its favor for an amount equal to the value of the construction of the facilities listed herein and such bond will be forfeited should the Developer default on any o the articles of this agreement as they relate to the facilities to be constructed by Developer. In lieu of a Completion Bond being furnished to the City under Paragraph C above, Developer may present to City an irrevocable Letter of Credit from a state or national banking, or other lending, institution guaranteeing and agreeing %o pay an amount equal to 110% of the value of the construction cost of all of the facilities to be constructed by Developer, and providing for payment to City of such amounts, up to the total of the Letter of Credit, for any amounts required to complete any portion or the whole of the facilities to be installed by Developer in the said Addition. Such Letter of C}edit must provide for payment or release of such monies as set forth in the Letter of Credit upon the written reque~ of the City, by and through its Mayor, attested to by the City Secretary. A sample Letter of Credit, which is acceptable to City is attached to this agreement as Exhibit "B". Further, in the event that Developer elects to comply with Paragraph I. C. hereof by furnishing City with a 1.etter of Credit in lieu of a Completion Bond, such Letter of Credit shall be for a term of forty-two (42) months trom and after the date c~f signing of this agreemenl as evid~,nc~,d by lh~~ date appearing hereon. Prior to any work being commenced in the said subdivision, Developer shall furnish either a Maintenance Bond in favor of the City ol Sothlake, or place an escrow deposit with said City, with the Maintenance Bond, or escrow deposit, to be in an amount equal to thirteen (13~) percent of the total cost of all facilities installed by Developer and whict said Maintenance Bond, or escrow deposit, shall remain in effect for a period of one year from and after the completiol of all facilities to be constructed under this agreement or pursuant to City ordinances and construction codes for new subdivisions and shall cover such facilities against defects in materials and/or reconstruction thereof. In the event that Developer elects to place an escrow deposit ~.ith City, such deposit shall be considered complete when funds in the amount required hereunder are either deposited directly with City for further deposit by City into an escro~ account for Developer or by delivery to City of a Certificat, of Deposit or Money Market Certificate made payable solely to City in the required amount. All interest paid on any escrow deposit, Certificate of Deposit, or Money Market Certificate shall be paid or refunded to Developer at the expiration of the one year period set forth above, al the same time that the remaining funds being held or refunde, are released to Developer. Further, if City should be required to expend any funds or obtain work upon the facilit installed by Developer, within the said one year period, Cit: shall be entitled, to charge the said escrow deposit, Certifi cate of Deposit, or MoneF'~arket Certificate accordingly and City shall thereafter provide Developer with an accounting of all funds or amounts deducted therefrom. Developer may request that the escrow funds be deposited into a particular type of account or placed in a particular type of certificate so as to enable Developer to earn intere on such amount at as high a rate as possible. However, City shall in no way be liable to Developer for any failure to invest such escrow deposit in any such account or certifi cate and shall not be liable to Developer for any losses as a result of such funds being placed in an account or certificate at a lower rate of interest that might otherwise be obtainable. Until the Completion Bond or Letter or Credit required in C and D, hereof, and the Maintenance Bond, or escrow deposit required in E, hereof, have been furnished as required, no approval o~ work on or in the subdivision shall be given by City and no ~.ork shall be initiated on or in said subdivisio by the Developer. It is iurther agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and 5mprovements mentioned hereinabove shall be vested in the City ol Southlake and Developer hereby relinquishes any right, lille, or interest in and to said facilities or any part hereof. It is further underslood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire agreement shall occur at such time that City, through its Mayor or Building Official, provides Developer with a written acknowledgement that a11 facilities are complete, have been inspected and approved and are being accepted by the City. On all facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: l. To employ a construction contractor who is approved by the City and is qualified in all respects to bid on public projects of similar nature. 2. To secure approval by the City of any and all final payments to the contractor. Said approval is made in accor- dance withne requirements of this agreement and is not to constitute approval of the qualities on which payment is based. 3. To delay connection of buildings to service lines or water mains constructed under this contract until said water mains and service lines have been completed to the satisfact] of and accepted by the City. The Developer wil~ mow a~l~grass and weeds and otherwise maintain the aesthetics of'all land and lots in said subdivision which have not been sold to third parties· Should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for the costs, which amount shall become a lien upon all real property of the subdivision not previously conveyed to third parties· Any Letter of Credit submitted by Developer on a form other than one which has previously been approved by the City as "acceptable" shall bs submitted to the City Attorney for City and this Agreement shall not be considered in effect until such City Attorney has approved the said Letter of Credit· Any surety company through ~hich a bond is written shall be a surety company duly authorized to do business in the State ~f Texas, provided that the City, through the Mayor shal] retain the right to reject any surety company as a surety for a~y ~'ork under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. II. FACILITIES: A. ON-SITE WATER: 1. The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition to the City of Southlake, Water facilities shall include able to support fire hydrants and fire hydrant installation. These are to be installed within a 500' radius. These facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation at its own cost and in accordance with Ordinance No. 170. 2. It is further agreed and understood that the Developer shall be responsible for all construction costs, materials, and engineering and all costs incurred by Developer in Paragraph I.C. and D, hereof. 3. Developer hereby agrees to construct the necessary draina~ facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, approved by the City Council of the City, and made part of the final plat as approved by the City Council. The Developer further agrees: a. No work will begin on any street included herein prior to complying with all bonding requirements as set forth in this agreement. The paving contractor shall furnish to City proof af satisfactory coverage of insurance in accordance with City's- §tandard requirements for a Contractor or Developer doing work in or for the City. "STANDARD SUBDIVISION~ PAVED STREET~ ESTATE TYPE". The street construction in the residential development of the City of Southlake shall consist of the requirements in Ordinance No. 277, which is attached as Exhibit A to this Developers Agreement. The Developer will be responsible for the installation of street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design approved by the City. D. All street improvements will be subject to inspection and approval by the City of Southlake. III. SANITARY SEWERS: (Septic System) It is understood and agreed that Septic Disposal facilities shall be constructed on each lot by the lot purchaser or builder in such a manner as to comply with all minimum requirements of the following: Health Department of any Federal Agency of Tarrant County, Texas; State Departemnt of Health; Texas Water Quality Board of the State of Texas, and the City of Southlake, Texas, including any applicable City Ordinance concerning Septic Disposal facilities. Bo Each lot within a subdivision must have an individual percolati, test, performed by a Registered Sanitarian and presented to the City before building permits can be issued. SIGNED AND EFFECTIVE on the date last set forth below. CITY OF SOUTHLAKE, TEXAS By: Title: Date: By: Mayor ATTEST: City Secretary Date