The Rockville City Council this week approved an agreement between New Mark Commons homeowners and a developer who plans to build 13 attached homes in the residential community near downtown Rockville.

The agreement ended a dispute between the homeowners and the developer, Charles E. Burgdorf, head of Cebco, Inc. of Bethesda. The dispute centered on the question of who is responsible for construction of recreational facilities promised but never built by the first developer of New Mark Commons, a planned community, in the late 1960s.

The homeowners said Burgdorf should be held responsible for the original developer's unkept promises. The community of 371 luxury homes and townhouses was built by Edmond J. Bennett and Associates.

Under the agreement, Burgdorf will pay the New Mark Commons Homeowners Association $42,250 from the sales of the new homes. Part of the money has been earmarked for a playground and a tennis court. In addition, he will make street improvements, as well as turning the street leading to the new homes a public right of way, thus making the maintenance burden off the homeowners' association.

In return, Burgdorf said, buyers of the new homes will be entitled to membership in the homeowners' association and use of recreational facilities including tennis courts, clubhouse, lake and swimming pool.