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CP 2013-12-10City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, December 10, 2013 KAREN HUNT BILLY FAUGHT Mayor Mayor Pro Tem TIM BRANCHEAU BOB MAHALIK Place 1 Place 2 WES MAYS GARY RODEN Place 3 Place 4 MARVIN FRANKLIN AARON DUNCAN Place 6 Place 7 CLAY PHILLIPS City Manager Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney David Dodd. The City Council of the City of Coppell met in Regular Called Session on Tuesday, December 10, 2013, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. 1.Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.071, Texas Government Code - Consultation with City Attorney. A.Discussion regarding FAA Airspace Plan. B.Consultation with the City Attorney in regards to Cause Number 05-10-00283-CV, styled Mira Mar Development Corporation v. City of Coppell, Texas. Section 551.087, Texas Government Code - Economic Development Negotiations. C.Discussion regarding economic development prospects south of Bethel Road and east of Freeport Parkway. Page 1 City of Coppell, Texas Printed on 12/28/2017 December 10, 2013City Council Meeting Agenda 3.Work Session (Open to the Public) 1st Floor Conference Room A.Discussion regarding the Nature Biodiversity Center. B.Discussion regarding Agenda Items. Nature Biodiversity Center Update.pdfAttachments: RECEPTION FOR BOARD/COMMISSION/COMMITTEE MEMBERS IN ATRIUM FROM 6:30 P.M. TO 7:30 P.M. Regular Session 4.Invocation 7:30 p.m. 5.Pledge of Allegiance 6.Citizens’ Appearance 7.Consider alternate appointments to the Economic Development Committee. 8.Swearing in of newly appointed Board/Commission/Committee members. 9.Consent Agenda A.Consider approval of minutes: November 12 and 18, 2013. November 12 Minutes.pdf Canvass November 18 Minutes.pdf Attachments: B.Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Prologis, and authorizing the Mayor to sign. Resolution Memo.pdf Resolution.pdf Tax Abatement Agreement.pdf Attachments: C.Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and SourceHOV, LLC, and authorizing the Mayor to sign. Resolution Memo.pdf Resolution.pdf Tax Abatement Agreement.pdf Attachments: D.Consider approval of a Resolution amending Resolution No. 010996.3 as amended, amending the Master Fee schedule for Wrecker Permit, Library Fees, Solid Waste Collection Fees and miscellaneous fees and authorizing the Mayor to sign. Page 2 City of Coppell, Texas Printed on 12/28/2017 December 10, 2013City Council Meeting Agenda Memo Fee Resolution December 2013 Master Fee Resolution 12-10-13 Attachments: E.Consider approval of an Ordinance for Case No. PD-194R5-LI, Amberpoint Distribution Center, a zoning change from PD-194R2-LI (Planned Development-194 Revision-2-Light Industrial) to PD-194R5-LI (Planned Development-194 Revision 5-Light Industrial), to attach a Detail Plan to allow the development of a 198,802-square-foot office/warehouse on 12.7 acres of property located at the north east corner of Royal Lane and Northpoint Drive and authorizing the Mayor to sign. Cover Memo.pdf Ordinance.pdf Exhbits A - F .pdf Attachments: F.Consider approval to award a bid to F & F Concrete, LLC, to perform annual street and alley maintenance program, in the amount of $425,000.00 through an interlocal cooperative purchase agreement with the Town of Flower Mound; and, authorizing the City Manager to sign and execute any necessary documents. Street & Alley Award Memo.pdf City of Coppell - Letter of acceptance.pdf Contract for Services - Executed.pdf Attachments: G.Consider approval of an ordinance amending Article 8-3, Parking, Section 8-3-1(A) of the Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park a vehicle at all times on an additional portion of Villawood Lane; and authorizing the City Manager to sign and execute any necessary documents. Villawood Lane Memo.pdf Villawood Lane No Parking.pdf ORD Amending Ch 8 Article 8-3 Parking.pdf Attachments: End of Consent Agenda 10.PUBLIC HEARING: Consider approval of the Fire Station No. 1, Lots 1R1 & 1R2, Block 1, Replat, being a replat of Lot 1, Block 1, into two lots (500 Southwestern Boulevard), containing 3.53 acres of property, located at the northwest corner of S. Coppell Road and Southwestern Boulevard. Cover Memo.pdf Staff Report.pdf Replat.pdf Attachments: 11.PUBLIC HEARING: Consider approval of the Coppell Service Center, Lot 1R2 & Lot 2, Block Page 3 City of Coppell, Texas Printed on 12/28/2017 December 10, 2013City Council Meeting Agenda 1, Replat, being a replat of Lot 1R, Block 1, Coppell Service Center, to include Lot 1, Block E, of the Old Town (Main Street) Phase II Addition establishing Lot 1R2, Block 1, Coppell Service Center Addition and to incorporate Lots 6 & 7, Block A of The Villages of Old Coppell as Lot 2, Block 1, Coppell Service Center Addition, containing 13.54 acres of property, located along the northeast corner of S. Coppell Road and the DART right-of-way. Cover Memo.pdf Staff Report.pdf Replat.pdf Attachments: 12.PUBLIC HEARING: Consider approval of the Grapevine Springs Community Ctr., Lots 1R & 3, Block A, Replat/Minor Plat, being a replat of Lot 1, Block A, Grapevine Springs Community Center and a minor plat of Lot 3, Block A, to revise the boundaries of Lot 1, Block A and to plat Lot 3, Block A, dedicating 762 square feet of right-of-way on Bethel Road on 21.28 acres of property, located along the south side of Bethel Road, approximately 400 feet east of S. Coppell Road. Cover Memo.pdf Staff Report.pdf Replat.pdf Attachments: 13.PUBLIC HEARING: Consider approval of the Gateway Business Park No. 3, AAA, Lot 1R, Block A, Replat, being a replat of Lots 1 & 2, Block A, to combine the two lots into one and to revise existing fire lanes and easements to allow a revised site plan to accommodate a 248,980-square-foot building on 18.07 acres of property located at the northwest corner of Freeport Parkway and IH 635. Cover Memo.pdf Staff Report.pdf Replat (1 OF 2).pdf Replat (2 OF 2).pdf Attachments: 14.PUBLIC HEARING: Consider approval of Case No. PD-269-SF-12, St Alphonsa Catholic Church, a zoning change request from S-1247R-SF-12 (Special Use Permit-1247-Single Family-12) to PD-269-SF-12 (Planned Development-269-Single Family-12), to attach a Detail Site Plan to allow the expansion of the existing building and parking, retention of the telecommunication facilities and to allow the retention of the existing wood and chain link fences on the north and east property lines, respectively, in lieu of a required masonry screening wall on 5.5 acres of property located 200 S. Heartz Road. Page 4 City of Coppell, Texas Printed on 12/28/2017 December 10, 2013City Council Meeting Agenda Cover Memo.pdf Staff Report.pdf Site Plan.pdf Landscape Plan.pdf Elevations.pdf Attachments: 15.PUBLIC HEARING: Consider approval of Case No. PD-237R5-HC/RBN, Trinsic, a zoning change request from A (Agriculture) to PD-237R5-HC/RBN (Planned Development-237-Revision 5-Highway Commercial/Residential Urban Neighborhood), to attach a Conceptual Plan for hotel, multifamily, retail and office uses on 20.74 acres of property located on the eastside of South Belt Line Road between East Dividend and Chartwell Drive. Cover Memo.pdf Appeal Letter.pdf Staff Report.pdf Conceptual Development Plan.pdf Conceptual Landscape Plan.pdf Attachments: 16.PUBLIC HEARING: Consider approval of Case No. PD-237R6-RBN, Trinsic-Aura, a zoning change request from PD-237R5-HC/RBN (Planned Development-237-Revision 5-Highway Commercial/Residential Urban Neighborhood) to PD-237R6-RBN (Planned Development-237-Revision 6-Urban Residential Neighborhood), to attach a Detail Site Plan for 331 multifamily units and accessory uses on 11.18 acres of property located on the eastside of South Belt Line Road between East Dividend and Chartwell Drive. Cover Memo.pdf Appeal Letter.pdf Staff Report.pdf Blade Sign.pdf Planned Development Conditions.pdf Site Plan.pdf Exterior Elevations(6 pages).pdf Perspective Drawing.pdf Landscape Plan.pdf Attachments: 17.PUBLIC HEARING: Consider approval of an Ordinance designating CID Resources, Inc., Reinvestment Zone No. 88 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. PH and Ordinance Memo.pdfAttachments: Page 5 City of Coppell, Texas Printed on 12/28/2017 December 10, 2013City Council Meeting Agenda Public Hearing Notice.pdf Ordinance.pdf 18.Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and CID Resources, Inc., and authorizing the Mayor to sign. Resolution Memo.pdf Resolution.pdf Tax Abatement Agreement.pdf Attachments: 19.PUBLIC HEARING: Consider approval of an Ordinance designating Titan Services, LLC, Reinvestment Zone No. 87 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Public Hearing and Ordinance Memo.pdf Public Hearing Notice.pdf Ordinance.pdf Attachments: 20.Consider approval of a Resolution approving a Tax Abatement Agreement by and between the City of Coppell, Crestside Investments, LLC, and Titan 3PL, LLC, and authorizing the Mayor to sign. Resolution Memo.pdf Resolution.pdf Tax Abatement Agreement.pdf Attachments: 21.PUBLIC HEARING: Consider approval of an Ordinance designating Coppell Dirtbed, LLC, Reinvestment Zone No. 86 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Public Hearing and Ordinance Memo.pdf Public Hearing Notice.pdf Ordinance.pdf Attachments: 22.Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Coppell Dirtbed, LLC, and authorizing the Mayor to sign. Resolution Memo.pdf Resolution.pdf Tax Abatement Agreement.pdf Attachments: 23.Consider approval of an Economic Development Agreement by and between the City of Coppell and Coppell Dirtbed, LLC, and authorizing the Mayor to sign. Economic Development Agreement Memo.pdf Economic Development Agreement.pdf Attachments: Page 6 City of Coppell, Texas Printed on 12/28/2017 December 10, 2013City Council Meeting Agenda 24.Consider approval of an Economic Development Agreement by and between the City of Coppell and Norwex USA, Inc., and authorizing the Mayor to sign. Norwex - Economic Development Agreement Memo.pdf Economic Development Agreement.pdf Attachments: 25.Consider approval of a Resolution approving a Second Amended and Restated Tax Abatement Agreement between the City of Coppell and Interinsurance Exchange of the Automobile Club, and authorizing the Mayor to sign. Resolution Memo.pdf Resolution.pdf Tax Abatement Agreement (5 year).pdf Attachments: 26.Consider approval of an Economic Development Agreement by and between the City of Coppell and TRB Main Street Coppell, LLC, and authorizing the Mayor to sign. Economic Development Agreement Memo.pdf Economic Development Agreement.pdf Attachments: 27.Consider approval of an Economic Development Agreement by and between the City of Coppell and Quincy’s Main Street Coppell, LLC, and authorizing the Mayor to sign. Economic Development Agreement Memo.pdf Economic Development Agreement.pdf Attachments: 28.Consider approval of naming the Dog Park in Coppell. Memo.pdfAttachments: 29.Consider approval to enter into a contract with Archer Western Construction, LLC, in an amount of $2,911,300.00, for the Modifications to North Lake Dam and Spillway project; and authorizing the City Manager to sign and execute all necessary documents. Northlake Dam Award Memo.pdf Northlake Dam Exhibit.pdf Recommendation of Award.pdf Bid Tabulation.pdf Attachments: 30.Consider approval of an amendment to a design contract with Freese and Nichols to modify the North Lake spillway to provide for modifications to the original design and construction phase services in the amount of $207,600.00; and authorizing the City Manager to sign and execute any necessary documents. Northlake Design Memo.pdfAttachments: Page 7 City of Coppell, Texas Printed on 12/28/2017 December 10, 2013City Council Meeting Agenda Northlake Dam Exhibit.pdf CCA #01.pdf 31.Consider approval of a new staff position for a Plans Examiner in the Building Inspections Department. Plans Examiner Memo.pdf Permit Progress.pdf Attachments: 32.Consider approval of a Resolution authorizing the City Manager to enter into a contract for emergency repairs to the 16” water line in Sandy Lake Road from Starleaf Street to Kimbel Kourt. Emergency Repair Memo.pdf WL REPLACEMENT.pdf FNI Line Size Analysis.pdf Attachments: 33.City Manager Reports Project Updates and Future Agendas. 34.Mayor and Council Reports A.Report by Mayor Hunt regarding the Metroplex Mayors’ Meeting. B.Report by Mayor Pro Tem Faught regarding the National League of Cities Conference held in Seattle, WA. 35.Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 36.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 37.Necessary Action from Executive Session Adjournment ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 8 City of Coppell, Texas Printed on 12/28/2017 December 10, 2013City Council Meeting Agenda PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals makes requests for these services forty-eight (48) hours ahead of the scheduled program, service, and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). Page 9 City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1395 File ID: Type: Status: 2013-1395 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 12/03/2013File Created: 12/10/2013Final Action: Executive SessionFile Name: Title: Discussion regarding FAA Airspace Plan. Notes: Agenda Date: 12/10/2013 Agenda Number: A. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Discussed under Executive Session 12/10/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1395 Title Discussion regarding FAA Airspace Plan. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1395) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1394 File ID: Type: Status: 2013-1394 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 12/02/2013File Created: 12/10/2013Final Action: Executive SessionFile Name: Title: Consultation with the City Attorney in regards to Cause Number 05-10-00283-CV, styled Mira Mar Development Corporation v. City of Coppell, Texas. Notes: Agenda Date: 12/10/2013 Agenda Number: B. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Discussed under Executive Session 12/10/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1394 Title Consultation with the City Attorney in regards to Cause Number 05-10-00283-CV, styled Mira Mar Development Corporation v. City of Coppell, Texas. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1394) Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1358 File ID: Type: Status: 2013-1358 Agenda Item Executive Session 1Version: Reference: In Control: Administration 11/25/2013File Created: 12/10/2013Final Action: exec session - eco dev prospects s. of Bethel, e. of Freeport File Name: Title: Discussion regarding economic development prospects south of Bethel Road and east of Freeport Parkway. Notes: Agenda Date: 12/10/2013 Agenda Number: C. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Discussed under Executive Session 12/10/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1358 Title Discussion regarding economic development prospects south of Bethel Road and east of Freeport Parkway. Summary Goal Icon: Business Prosperity Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1358) Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1379 File ID: Type: Status: 2013-1379 Agenda Item Work Session 1Version: Reference: In Control: Parks and Recreation 12/02/2013File Created: 12/10/2013Final Action: Work SessionFile Name: Title: A.Discussion regarding the Nature Biodiversity Center. B.Discussion regarding Agenda Items. Notes: Agenda Date: 12/10/2013 Agenda Number: Sponsors: Enactment Date: Nature Biodiversity Center Update.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Presented in Work Session 12/10/2013City Council Presented in Work Session Action Text: Text of Legislative File 2013-1379 Title A.Discussion regarding the Nature Biodiversity Center. B.Discussion regarding Agenda Items. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1379) Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Date: December 10, 2013 Reference: Discussion regarding the Nature Biodiversity Center 2030: Sense of Community Strategy: Residents and Businesses Engaged and Contributing to the Coppell Community Successful Community and Festivals Effective Community Relationship Future Civic and Community Leadership Development Community Wellness and Enrichment: Community Gathering Places Recreational Programs and Services for all Generations Community Education Programs and Support of Top Quality Schools Sustainable City Government: “Green” City operations and Facilities Introduction: The construction of the Nature Biodiversity Center is in the final stages of completion. Many organizations and individuals have come together to produce this example of collaboration and community building. Although the construction will soon come to an end there remains a number of items that will need to be addressed over the next few months. With the coming transfer of ownership of the facility to the city, the operations are being planned and responsibilities agreed to by the various entities. Over the nine years that this facility has been in the planning and development stages, many ideas have been formulated regarding the scheduling, usage and focus of programming the building. Of course, it has been agreed from the start that the primary focus of the facility will be to inspire passion for our local and global environment, promote community involvement, and create life-long learning opportunities by incorporating engaging activities and 2 innovative technologies that will provide fun, hands-on experiences where people of all ages can explore, learn, share and celebrate nature. The city will be working with SHW Architects, the Friends of the Coppell Nature Park, and Northstar Construction to finalize some elements of the facility to make it successful. For instance the furniture has yet to be ordered, technology items need to be addressed and security cameras will be installed in the coming weeks. Northstar Construction, the prime contractor on the project, has informed the city that their portion of the construction will be complete by mid-December, with the city taking over the facility at that point. Analysis: The Friends of Coppell Nature Park have been working for at least nine years to promote a Bio- diversity Center in the city of Coppell. They have developed a significant following of citizens, organizations and educators interested in seeing this facility come to fruition. Fundraising has been ongoing for years, in-kind donations have been procured, and now the building is about ready to be brought on-line for usage. The Friends have a number of users that have expressed interest in using the facility for nature educational purposes, including Coppell ISD, Northlake College and the Master Naturalists. The City of Coppell also anticipates many users of this building such as the Keep Coppell Beautiful Board, Park Board, Community Garden Education programs, as well as staff gatherings, retreats and special occasions. There has also been discussion about whether the building could be available for rentals to the public after-hours, creating another space in town to hold family gatherings, meetings, special events, etc., similar to what is occurring at the Senior and Community Center. Without specific restrictions, this type of activity could take away from the primary focus of the building, nature education. The suggestion of staff is to allow community usage of this classroom in a similar fashion that the library multi-use space and the Fire Training rooms are currently used. This would provide space for not-for-profit organizations to book special occasions at the facility. Scheduling of the building will be done through the City of Coppell staff and uses will be prioritized by whether the activity meets the mission of the Nature Park. The city will take over the maintenance and operations of the building after Northstar Construction is relieved of its obligations under agreement. The Parks and Recreation Department will begin to take on the operations of the facility in the coming weeks and add security elements to the building, wi-fi and communications, work on procuring furniture and generally getting the building ready for the public. The Friends of Coppell Nature Park have agreed to provide volunteers who will become familiar with the building functions and knowledgeable about the programs, who will be stationed at the facility during specific times of the day to receive and welcome visitors. The city currently has not budgeted for staff to be assigned to this building. However, for special uses, existing staff will be reassigned to accommodate the most pressing needs. The Parks and Recreation Department will be reviewing use patterns and needs for the building program in making future recommendations regarding staffing. Legal Review: No legal review is necessary for this item. Fiscal Impact: There is no direct fiscal impact of this item. 3 Recommendation: The Parks and Recreation Department recommends that usage of this facility be prioritized based upon the mission, encouraging environmental and nature education, followed by City of Coppell uses and then community usage scheduled in a similar fashion that the library multi-use space and the Fire Training rooms are currently used. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1393 File ID: Type: Status: 2013-1393 Agenda Item Passed 1Version: Reference: In Control: City Secretary 12/02/2013File Created: 12/10/2013Final Action: Alt ED Board MbrsFile Name: Title: Consider alternate appointments to the Economic Development Committee. Notes: Agenda Date: 12/10/2013 Agenda Number: 7. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved12/10/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to appoint Vincent Hsieh and George Williford to serve as Alternate Board Members to the Economic DEvelopment Committee. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1393 Title Consider alternate appointments to the Economic Development Committee. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1393) Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1390 File ID: Type: Status: 2013-1390 Agenda Item Regular Session 1Version: Reference: In Control: City Secretary 12/02/2013File Created: 12/10/2013Final Action: B&C Swearing InFile Name: Title: Swearing in of newly appointed Board/Commission/Committee members. Notes: Agenda Date: 12/10/2013 Agenda Number: 8. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 12/10/2013City Council Mayor Hunt swore in the newly appointed Board and Commission Members. Action Text: Text of Legislative File 2013-1390 Title Swearing in of newly appointed Board/Commission/Committee members. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1390) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1389 File ID: Type: Status: 2013-1389 Agenda Item Passed 1Version: Reference: In Control: City Secretary 12/02/2013File Created: 12/10/2013Final Action: MinutesFile Name: Title: Consider approval of minutes: November 12 and 18, 2013. Notes: Agenda Date: 12/10/2013 Agenda Number: A. Sponsors: Enactment Date: November 12 Minutes.pdf, Canvass November 18 Minutes.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 12/10/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Consent Agenda Items A-G. The motion passed by an unanimous vote. Action Text: Text of Legislative File 2013-1389 Title Consider approval of minutes: November 12 and 18, 2013. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1389) Page 2City of Coppell, Texas Printed on 12/28/2017 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, November 12, 2013 KAREN HUNT BILLY FAUGHT Mayor Mayor Pro Tem TIM BRANCHEAU BOB MAHALIK Place 1 Place 2 WES MAYS GARY RODEN Place 3 Place 4 MARVIN FRANKLIN AARON DUNCAN Place 6 Place 7 CLAY PHILLIPS City Manager Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, November 12, 2013, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Hunt called the meeting to order, determined that a quorum was present and convened into Executive Session at 5:40 p.m. Councilmember Mahalik arrived prior to convening into Executive Session. Karen Hunt;Billy Faught;Tim Brancheau;Bob Mahalik;Wes Mays;Gary Roden;Marvin Franklin and Aaron Duncan Present 8 - Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.087, Texas Government Code - Economic Development Negotiations. A.Discussion regarding economic development prospects south of Bethel Road and east of S. Coppell Road. Discussed under Executive Session Page 1City of Coppell, Texas November 12, 2013City Council Minutes Section 551.072, Texas Government Code - Deliberation regarding Real Property. B.Discussion regarding real property west of Denton Tap and north of Sandy Lake Road. Discussed under Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. C.Discussion regarding conduct under the Texas Open Meeting Act ; Home Rule Charter, Article 3, The City Council; and, the Code of Ordinances, Article 1-13, Code of Conduct. Discussed under Executive Session D.Consultation with the City Attorney in regards to Cause Number 05-10-00283-CV, styled Mira Mar Development Corporation v. City of Coppell, Texas. Discussed under Executive Session Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Hunt adjourned the Executive Session at 7:04 p.m. and convened into the Work Session at 7:07 p.m. A.Discussion regarding Excess Revenue Allocation Guidelines . B.Appointments to the Denton and Dallas Central Appraisal District Boards. C.Board and Commission Appointments . D.Discussion regarding Parking on Loch Lane. E.Discussion regarding a Liaison to the Historical Society. F.Discussion of Agenda Items. Regular Session Mayor Hunt recessed the Work Session at 7:35 p.m. and convened into the Regular Session. Invocation 7:30 p.m.4. Zachary Wilson with Riverside Church gave the Invocation. Pledge of Allegiance5. Mayor Hunt led those present in the Pledge of Allegiance. 6.Report by the Library Board. Page 2City of Coppell, Texas November 12, 2013City Council Minutes Patricia Nicks, Chair, gave the board's semi annual board report. 7.Presentation by the American Cancer Society to the City of Coppell for qualifying as the top fundraising team for the 2013 Relay For Life Coppell Event. Jamie Milstead and Emily Smith with the American Cancer Society presented Mayor Hunt, City Manager Clay Phillips and Court Administrator Rosie Caballero with a plaque and banner to the City of Coppell for being the top fundraising team and earning the Jade Level of $10,000. Citizens’ Appearance8. Mayor Hunt asked for those who signed up to speak: 1) Pat Lambert, 764 S. Poydras, Lewisville, spoke in regards to a Famous Tree of Texas designation in Grapevine Springs. 2) Tracey Allard, 1421 Pebble Creek Dr., thanked the City Council for the approval and funding of the Coppell Dog Park. 3) Davin Bernstein, 228 Hollywood, spoke in regards to the recent election. 4) Sheila Goldsmith, 420 Leisure Ln., spoke in regards to Item #16. Consent Agenda9. A.Consider approval of the minutes: October 22, 2013. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to approve Agenda Items A-G on the Consent Agenda, striking the verbiage "a gate house, and a welcome wall within the City’s right of way" from Consent Agenda Item F. The motion passed by an unanimous vote. B.Consider approval of an Ordinance for Case No. PD-235R-SF-12, Akula, a zoning change from SF-12 (Single Family-12) to PD-235R-SF-12 (Planned Development-235 Revised-Single Family-12), to allow the construction (retention) of an (8) eight-foot decorative metal fence in the front yard of the existing home located at 1180 E. Sandy Lake Road and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to approve Agenda Items A-G on the Consent Agenda, striking the verbiage "a gate house, and a welcome wall within the City’s right of way" from Consent Agenda Item F. The motion passed by an unanimous vote. Enactment No: 91500-A-634 C.Consider approval of an Ordinance for Case No. PD-243R-R, Riverchase Montessori School, a zoning change from PD-243-R (Planned Development-243-Retail) to PD-243R-R (Planned Page 3City of Coppell, Texas November 12, 2013City Council Minutes Development-243 Revised-Retail), to allow the development of a 14,060-square-foot daycare/school with a future 2,400-square-foot retail building on approximately two (2) acres of property located on the south side of East Sandy Lake Road, 250 feet east of Riverview Drive and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to approve Agenda Items A-G on the Consent Agenda, striking the verbiage "a gate house, and a welcome wall within the City’s right of way" from Consent Agenda Item F. The motion passed by an unanimous vote. Enactment No: 91500-A-635 D.Consider approval of a Resolution amending the Economic Development Committee Bylaws to allow for two (2) alternate members to be appointed; and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to approve Agenda Items A-G on the Consent Agenda, striking the verbiage "a gate house, and a welcome wall within the City’s right of way" from Consent Agenda Item F. The motion passed by an unanimous vote. Enactment No: 2013-1112.1 E.Consider approval of a Resolution by the City Council of the City of Coppell Texas, approving the terms and conditions of an Interlocal Agreement between the Texas Department of Motor Vehicles and the City of Coppell, Texas for the authorization for the Redflex Traffic System to submit files to the Texas Department of Motor Vehicles on behalf of the City of Coppell, Texas; providing a repealing clause; and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to approve Agenda Items A-G on the Consent Agenda, striking the verbiage "a gate house, and a welcome wall within the City’s right of way" from Consent Agenda Item F. The motion passed by an unanimous vote. Enactment No: 2013-1112.2 F.Consider approval of a License Agreement between the City of Coppell and Westhaven Homeowners Association to allow the use of decorative street and regulatory signs, a gate house, and a welcome wall within the City’s right of way ; and authorizing the City Manager to sign and execute any necessary documents. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to approve Agenda Items A-G on the Consent Agenda, striking the verbiage "a gate house, and a welcome wall within the City’s right of way" from Consent Agenda Item F. The motion passed by an unanimous vote. Page 4City of Coppell, Texas November 12, 2013City Council Minutes G.Consider approval of an amendment to an existing agreement with MCCi to upgrade the Records Management Information System to Rio in the amount of $89,773.89 as budgeted; and authorizing the City Manager to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to approve Agenda Items A-G on the Consent Agenda, striking the verbiage "a gate house, and a welcome wall within the City’s right of way" from Consent Agenda Item F. The motion passed by an unanimous vote. End of Consent Agenda 10.PUBLIC HEARING: Consider approval of Case No. PD-194R5-LI, Amberpoint Distribution Center, a zoning change request from PD-194R2-LI (Planned Development-194 Revision-2-Light Industrial) to PD-194R5-LI (Planned Development-194 Revision 5-Light Industrial), to attach a Detail Plan to allow the development of a 198,802-square-foot office/warehouse on 12.7 acres of property located at the north east corner of Royal Lane and Northpoint Drive. Agenda items 10 and 11 were considered together. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Rick Weiblen, 10400 Viking Drive, Minnesota, represented the applicant. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Bob Mahalik, to close the Public Hearing and approve this Agenda Item. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 11.PUBLIC HEARING: Consider approval of the Amberpoint Business Park of Coppell , Lot 1C-R, Block A, Replat, being a replat of Lot 1C, Block A, to establish various easements to allow the development of a 198,802 square foot office/warehouse on 12.7 acres of property located at the north east corner of Royal Lane and Northpoint Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Rick Weiblen, 10400 Viking Drive, Minnesota, represented the applicant. Page 5City of Coppell, Texas November 12, 2013City Council Minutes A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Bob Mahalik, to close the Public Hearing and approve this Agenda Item subject to the following conditions: 1) Additional comments may be generated upon detailed engineering plan review; and 2) A tree removal permit is required prior to construction. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 12.PUBLIC HEARING: Consider approval of an Ordinance designating ProLogis, Reinvestment Zone No. 84 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act , and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to close the Public Hearing and approve this Agenda Item. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-1362 13.Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Alco Stores , Inc., and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Gary Roden, seconded by Councilmember Aaron Duncan, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-1112.3 14.Consider approval of a Resolution approving the City of Coppell casting its vote for the fourth member of the Board of Directors of the Page 6City of Coppell, Texas November 12, 2013City Council Minutes Dallas Central Appraisal District , and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to nominate Michael Hurtt for the Dallas Central Appraisal Board of Directors. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-1112.4 15.Consider approval of a Resolution approving the City of Coppell casting its vote(s) for member(s) of the Board of Directors of the Denton Central Appraisal District , and authorizing the Mayor to sign. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Wes Mays, to nominate John Mahalik to the Denton Central Appraisal Board of Directors. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-1112.5 16.Consider approval of an Ordinance of the City of Coppell, Texas, abandoning a right of way easement, dedicated as Willow Lane; authorizing the Mayor to sign; and providing an effective date . Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-1363 17.Consider approval to enter a contract in the amount of $649,202.50 with Barson Utilities for the relocation of the 12” waterline along SH 121 to accommodate the widening of SH 121; and authorizing the City Manager to sign and execute any necessary documents. Presentation: Michael Garza, Assistant Director of Engineering, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that this Agenda Item be approved. The motion passed by an unanimous vote. Page 7City of Coppell, Texas November 12, 2013City Council Minutes Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 18.Consider appointments to the City's Boards/Commissions/Committees. Presentation: Christel Pettinos, City Secretary, read the Board Appointments into the record. Animal Services Advisory & Appeals Board - 2-Year Regular Member - Linda Pate-Ulmer; 2-Year Alternate Member - Grace Adamson Board of Adjustment - 2-Year Regular Members - Donald Perschbacher and John Hirschy; 2-Year Alternate Members - Al Nash and Robert McLeroy Conduct Review Board - 2-Year Regular Members - Grace Adamson, Lee Cameron, Mike Grossman, Linda Pilone, Marie Reed and Venky Venkatraman Economic Development Committee - 2-Year Regular Members - Sue Bird, Don Carroll, Monica Diamond and Maggie Lucas Keep Coppell Beautiful - 2-Year Regular Members - Laura Burnett, Brandi Todd, Olivia Nadler and Nancy Standford; 1-Year Alternate Member - Andrew Denes; 2-Year Alternate Member - Sally McCurdy; 1-Year Youth Advisors - Pooja Marella and Aditya Addepalli Library Board - 2-Year Regular Members - Patricia Nicks, Stephen Charters and Emily Nance; 2-Year Alternate Members - Adrienne Morton and Marilow Schrimshaw; 1-Year Youth Advisors - Nicole Crumpler and Sujal Manohar Park and Recreation Board - 1-Year Youth Advisors - Erin Crumpler and Prerana Ramadurgan Planning and Zoning Commission - 2-Year Regular Members - Edmund Haas, Glenn Portman, Vijay Sarma and Sue Blankenship Special Counsel - 2-Year Regular Members - Lee Cameron, Garry Davis, Young Jun, Timothy Miller and Glenn Portman. City Manager Reports19. Project Updates and Future Agendas. City Manager Clay Phillips reported the Nature Biodiviersity Center is completing nicely. An official grand opening will be scheduled for Earth Day 2014, but there may be activities planned before then. Discussion regarding the managing of the rental facilities will be on a future agenda. Mario Canizares and Mindi Hurley met with the business merchants in Old Town to discuss a centralized theme for holiday decorations. Sandy Lake Road eastbound has experienced significant lane changes. Sandy Lake Road westbound is still under construction and making progress. As for Northlake, work continues. The developer has agreed to cease dirt moving activities at 9:30 p.m. Page 8City of Coppell, Texas November 12, 2013City Council Minutes Regarding future agendas, December is the last meeting for the calendar year. The Canvass of the Election will be held on November 18th at 7:30 a.m. Discussion concerning possible reviews to Board and Commissions Code of Conduct will be coming forward in a future work session. Mayor and Council Reports20. A.Report by Mayor Hunt regarding Metroplex Mayors’ Meeting . B.Report by Councilmember Mays on Coppell Cares. A. Mayor Hunt reported on the Metroplex Mayors' Meeting. A representative from the Federal Reserve Bank gave an economic report on the North Texas Region. While 2013 is being reported as a moderate growth year, the region did fairly well. B. Councilmember Mays reported on Coppell Cares. Over 65 groups were interested in giving back to Coppell. First United Methodist Church led the effort by providing 14,000 meals during the summer. Councilmember Mays thanked everyone for their efforts. Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 21. A. Mayor Pro Tem Faught reported on the Veteran's Day Celebration he and Mayor Hunt attended at the Rolling Oaks Memorial Cemetery. He thanked staff for putting together a touching ceremony and thanked all the men and women in the Coppell area for their service. B. Councilmember Franklin reported on Metrocrest Social Services which merged with Senior Adult Services this past summer. They delivered 28 meals a day which was 100 more meals through October 2013 than in 2012. They provided 530 transportation rides through October 2013 which was 118% increase than in the previous year. 42 rides had to be declined because they couldn't meet the demand. The next Keyholder's Breakfast will be held on March 18, 2014, with Fox 4 Anchor, Mike Doocy, as the emcee. C. Councilmember Mahalik congratulated the Coppell High School Girls Volleyball Team on an outstanding season. They lost in a tough match against Colleyville Heritage. CHS plays their first football playoff game against Irving High School Friday, November 15th. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 22. Nothing to report. Necessary Action from Executive Session23. Nothing to report. At this time, Mayor Hunt recessed the Regular Session and reconvened into Work Session at 8:58 p.m. Adjournment Page 9City of Coppell, Texas November 12, 2013City Council Minutes Mayor Hunt adjourned the Work Session at 9:14 p.m. and reconvened into the Regular Session. There being no further business to come before the Council, the meeting was adjourned. ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 10City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 7:30 AM Council ChambersMonday, November 18, 2013 Special Session KAREN HUNT BILLY FAUGHT Mayor Mayor Pro Tem TIM BRANCHEAU BOB MAHALIK Place 1 Place 2 WES MAYS GARY RODEN Place 3 Place 4 MARVIN FRANKLIN AARON DUNCAN Place 6 Place 7 CLAY PHILLIPS City Manager Karen Hunt;Gary Roden;Marvin Franklin and Aaron DuncanPresent4 - Billy Faught;Tim Brancheau;Bob Mahalik and Wes MaysAbsent4 - The City Council of the City of Coppell met in Special Called Session on Monday, November 18, 2013, at 7:30 a.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney David Dodd. Call to Order1. Mayor Hunt called the meeting to order at 7:35 a.m., determined that a quorum was present pursuant to Section 67.004(a) of the Texas Election Code, and convened into Special Session. 2.Canvass returns of the November 5, 2013 Special Election, approval of an order declaring the results of said election; and authorizing the Mayor to sign. Presentation: City Attorney David Dodd read the Canvass of Election into the Record. Councilmember Franklin moved to approve Resolution No. 2013-1118.1 Canvass returns of the November 5, 2013 Special Election, approval of an order declaring the results of said election. Councilmember Roden seconded the motion; the motion carried 3-0 with Councilmembers Roden, Franklin and Page 1City of Coppell, Texas November 18, 2013City Council Minutes Duncan voting in favor of the motion. Adjournment There being no further business to come before the City Council, the meeting was adjourned. ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 2City of Coppell, Texas Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1337 File ID: Type: Status: 2013-1337 Resolution Passed 1Version: Reference: In Control: Administration 10/29/2013File Created: 12/10/2013Final Action: ProLogis 710 Gateway Blvd. - ResolutionFile Name: Title: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Prologis, and authorizing the Mayor to sign. Notes: Agenda Date: 12/10/2013 Agenda Number: B. Sponsors: Enactment Date: Resolution Memo.pdf, Resolution.pdf, Tax Abatement Agreement.pdf Attachments: Enactment Number: 2013-1210.1 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 12/10/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Consent Agenda Items A-G. The motion passed by an unanimous vote. Action Text: Text of Legislative File 2013-1337 Title Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Prologis, and authorizing the Mayor to sign. Summary City Council held a Public Hearing regarding the designation of Reinvestment Zone No. 84 on November 12, 2013. Prologis is constructing a shell industrial building approximately 144,000 square feet in size on 8.62 acres. The address of the building will be 710 Gateway Blvd. The tax abatement terms will be a 5 year, 75% abatement, and it will be applied to the real property for Prologis. Fiscal Impact: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1337) Staff Recommendation: Economic development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: November 12, 2013 Reference: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and ProLogis, and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: City Council held a Public Hearing regarding the designation of Reinvestment Zone No. 84 on November 12, 2013. ProLogis is constructing a shell industrial building approximately 144,000 square feet in size on 8.62 acres. The address of the building will be 710 Gateway Blvd. Analysis: The resolution and tax abatement that coincide with Reinvestment Zone No. 84 will abate 75% of the real property for ProLogis for a period of five years. Legal Review: The documents were reviewed by Pete Smith. Fiscal Impact: N/A Recommendation: Economic Development recommends approval. 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS, AND PROLOGIS, A MARYLAND REAL ESTATE INVESTMENT TRUST (ProLogis); AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas, and ProLogis, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 2 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2013. CITY OF COPPELL, TEXAS ___________________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ___________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS:8-16-13:TM 61853) 3 Exhibit “A” (copy of Tax Abatement Agreement to be attached) Page 1 Tax Abatement Agreement City of Coppell and Prologis (TM 61850) STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This Tax Abatement Agreement (this “Agreement”) is entered into by and between the City of Coppell, Texas (the “City”), and Prologis, a Maryland Real Estate Investment Trust (the “Owner”) (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas (the “City Council”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 84 (t he “Zone”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Owner owns or is under contract to purchase approximately 8.8 acres of land in Gateway Business Park, located at 710 Gateway Boulevard, Coppell, Texas, being further described in Exhibit “A” (“Land”), and intends to construct, or cause to be constructed, a shell industrial building containing approximately 144,448 square feet of space (hereinafter defined as the “Improvements”) on the Land; and WHEREAS, Owner’s development efforts described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter defined), and the contemplated Improvements are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and Page 2 Tax Abatement Agreement City of Coppell and Prologis (TM 61850) WHEREAS, the City Council finds that the Improvements sought are feasible and practicable and would be of benefit to the Premises to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Bankruptcy or Insolvency” shall mean the dissolution or termination of a Party’s existence as a going business, insolvency, appointment of receiver for any part of a Party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such Party, and such proceeding is not dismissed within ninety (90) days after the filing thereof. “Base Year Taxable Value” shall mean the Taxable Value for the Land for the year in which the Tax Abate ment Agreement is executed. “City” shall mean the City of Coppell, Texas. “Commencement of Construction” shall mean that: (i) the plans have been prepared and all approvals thereof and permits with respect thereto required by applicable governmental authorities have been obtained for construction of the Improvements; (ii) all necessary permits for the construction of the Improvement s on the Land pursuant to the respective plans therefore having been issued by all applicable governmental authorities; and (iii) grading of the Land or the construction of the vertical elements of the Improvements has commenced. “Completion of Construction” shall mean: (i) substantial completion of the Improvements; and (ii) a final certificate of occupancy has been issued for the Improvements. “Effective Date” shall mean the last date of executio n of this Agreement. Page 3 Tax Abatement Agreement City of Coppell and Prologis (TM 61850) “Expiration Date” shall mean March 1 of the calendar year following the fifth (5th) anniversary date of the First Year of Abatement. “First Year of Abatement” shall mean January 1 of the calendar year immediately following the date of Completion of Construction. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissio ns of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Improvements” shall mean a shell industrial building containing approximately 144,448 square feet of space upon Completion of Construction thereof on the Land, and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City, from time to time, in order to obtain a building permit(s), provided, however, that “Improvements” shall not inc lude the Land. “Land” means the real property described in Exhibit “A”. “Owner” shall mean Prologis, a Maryland Real Estate Investment Trust. “Premises” shall mean collectively, the Land and Improvements following construction thereof. “Taxable Value” means the appraised value as certified b y the applicable Appraisal District (or its successor) as of January 1 of a given year. Article II General Provisions As of the date of this Agreement: 2.1 Owner is the owner of or is under contract to purchase the Land, which Land is located within the city limits of the City and within the Zone. Owner intends to construct, or cause to be constructed, the Improvements on the Land. 2.2 The Premises are not in an improvement project financed by tax increment bonds. 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 2.4 The Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission. Page 4 Tax Abatement Agreement City of Coppell and Prologis (TM 61850) 2.5 Owner shall, before May 1, of each calendar year that this Agreement is in effect, certify in writing to the City that it is in compliance with each term of this Agreement. 2.6 The Land and the Improvements constructed thereon at all times shall be used in the manner that is consistent with the portions of the City’s Comprehensive Zoning Ordinance, as amended, applicable to the Land. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable Value for the Improvements, excluding the Land, is at least Three Million Five Hundred Thousand Dollars ($3,500,000.00) as of January 1 of the First Year of Abatement and as of January 1 of each calendar year thereafter during the term of this Agreement, the City hereby grants Owner an abatement of seventy-five percent (75%) of the Taxable Value of the Improvements for a period of five (5) consecutive years, beginning with the First Year of Abatement. The foregoing percentage of Taxable Value of the Improvements subject to abatement for each year this Agreement is in effect will apply only to the portion of the Taxable Value of the Improvements that exceeds the Base Year Taxable Value. 3.3 The period of tax abatement herein authorized shall be for a period of five (5) consecutive years beginning with the First Year of Abatement (the “Term”). 3.4 During the period of tax abatement herein authorized, Owner shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on the Land. 3.5 In the event that the Taxable Value for the Improvements, excluding the Land, falls below Three Million Five Hundred Thousand Dollars ($3,500,000.00) as of January 1 of any calendar year after of the First Year of Abatement, the abatement shall not be in force and effect for that calendar year, but may be reinstated for any subsequent calendar year during the Term, if the Taxable Value for the Improvements, excluding the Land, once again is at least Three Million Five Hundred Thousand Dollars ($3,500,000.00) as of January 1 of such subsequent calendar year. For avoidance of doubt, in the event the abatement ceases for any calendar year after the First Year of Abatement, Owner shall not be obligated to repay any taxes abated prior to such calendar year. 3.6 The term of this Agreement shall begin on the Effective Date and shall continue until the Expiration Date, unless sooner terminated as provided herein. Page 5 Tax Abatement Agreement City of Coppell and Prologis (TM 61850) Article IV Improvements 4.1 Owner owns or is under contract to purchase the Land and intends to construct or cause to be constructed thereon the Improvements. Nothing in this Agreement shall obligate Owner to construct the Improvements on the Land, but said actions are conditions precedent to tax abatement for such Parties pursuant to this Agreement. 4.2 As a condition precedent to the initiation of the Owner’s tax abatement pursuant to this Agreement, Owner agrees, subject to events of Force Majeure, to cause Commencement of Construction of the Improvements to occur within six (6) months after the Effective Date, and subject to events of Force Majeure to cause Completion of Construction of the Improvements to occur on or before eighteen (18) months thereafter, as good and valuable consideration for this Agreement, and that all construction of the Improvements will be in accordance with all applicable state and local laws, codes, and regulations (or valid waiver thereof). 4.3 Construction plans for the Improvements constructed on the Land will be filed with the City, which shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 4.4 Owner agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 4.5 The City, its agents and employees shall have the right of access to the Premises during and following construction to inspect the Improvements at reasonable times and with reasonable notice to Owner, and in accordance with visitor access and security policies of the Owner and its tenant, in order to insure that the construction of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). Article V Default: Recapture of Tax Revenue 5.1 In the event: (i) Owner fails to cause Commencement and/or Completion of Construction of the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulat ions; (ii) has delinquent ad valorem or sales taxes owed to the City (provided Owner retains its right to timely and properly protest such taxes or assessment); (iii) has an event of Bankruptcy or Insolvency; or (iv) breaches any of the terms and conditions of this Agreement, then Owner, after the expiration of the notice and cure periods described below, shall be in default of this Agreement. 5.2 Upon breach by Owner of any of the obligations under this Agreement, the City shall notify Owner in writing, which shall have sixty (60) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within such 60-day period, and the Owner has diligently pursued such remedies as shall be reasonably necessary to cure such default, Page 6 Tax Abatement Agreement City of Coppell and Prologis (TM 61850) then the City, acting reasonably and in good faith, may extend the period in which the default must be cured. 5.3 If the Owner fails to cure the default within the time provided as specified above or, as such t ime period may be extended, the City, at its sole option, shall have the right to terminate this Agreement by providing written notice to the Owner. 5.4 Upon termination of this Agreement by City, the tax abatement shall be of no further force or effect, and all tax abated for the calendar year in which the default occurred as a result of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is provided. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Improvements without tax abatement for the year in which tax abatement hereunder was terminated, as determined by the Appraisal District, multiplied by the tax rate of the year in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Article VI Annual Application for Tax Exemption It shall be the responsibility of the Owner, pursuant to the Tax Code, to file an annual exemption application form for the Improvements with the Chief Appraiser for the Appraisal District (or its successor) in which the eligible taxable property has situs. A copy of the respective exemption application shall be submitted to the City upon request. Article VII Annual Rendition The Owner shall annually render the value of the Improvements to the Appraisal District, and shall provide a copy of the same to the City upon written request. Article VIII Miscellaneous 8.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered : Page 7 Tax Abatement Agreement City of Coppell and Prologis (TM 61850) If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 If intended for Owner, to: Attn: Market Officer Prologis Suite 2450 2501 N. Harwood Street Dallas, Texas 75201 8.2 Authorization. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. 8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.4 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 8.7 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Page 8 Tax Abatement Agreement City of Coppell and Prologis (TM 61850) 8.9 Assignment. This Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heir s, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by the Owner without the prior written consent of the City Manager . 8.10 Employment of Undocumented Workers. During the term of t his Agreement, the Owner agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), the Owner shal l repay the taxes abated herein, and any other funds received by the Owner from the City as of the date of such violation within 120 days after the date the Owner is notified by the City of such violation, plus interest at the rate of six percent (6%) compounded annually from the date of violation until paid. 8.11 Right of Offset . The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Owner, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. 8.12. Conditions Precedent . This Agreement is subject to and contingent upon the Owner closing its purchase of the Land on or before December 1, 2013. [Signature page to follow] Page 9 Tax Abatement Agreement City of Coppell and Prologis (TM 61850) EXECUTED in duplicate originals the ____ day of _______________, 2013. CITY OF COPPELL, TEXAS By: ______________________________________ Karen Selbo Hunt, Mayor Attest: By: _______________________________________ Christel Pettinos, City Secretary Agreed as to Form: By: City Attorney EXECUTED in duplicate originals the ____ day of _______________, 2013. PROLOGIS, By: Mitch Pruitt Title: Page 10 Tax Abatement Agreement City of Coppell and Prologis (TM 61850) Exhibit “A” (Legal Description of Land) Block 2, Lot 3C-R of Gateway Business Park (8.62 acres). Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1375 File ID: Type: Status: 2013-1375 Resolution Passed 1Version: Reference: In Control: Administration 11/27/2013File Created: 12/10/2013Final Action: SourceHOV - ResolutionFile Name: Title: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and SourceHOV, LLC, and authorizing the Mayor to sign. Notes: Agenda Date: 12/10/2013 Agenda Number: C. Sponsors: Enactment Date: Resolution Memo.pdf, Resolution.pdf, Tax Abatement Agreement.pdf Attachments: Enactment Number: 2013-1210.2 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 12/10/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Consent Agenda Items A-G. The motion passed by an unanimous vote. Action Text: Text of Legislative File 2013-1375 Title Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and SourceHOV, LLC, and authorizing the Mayor to sign. Summary City Council held a Public Hearing regarding the designation of Reinvestment Zone No. 85 on October 8, 2013. SourceHOV is relocating their office and production facility to 615 Freeport Parkway. The company’s 160 employees will occupy the entire 70,000 square foot building. Source HOV is signing a 10 year lease for the facility. The tax abatement terms will be a 5 year, 75% abatement on the tangible personal property for SourceHOV, LLC. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1375) Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: December 10, 2013 Reference: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and SourceHOV, LLC, and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: SourceHOV, LLC is one of the largest end-to-end business process solutions companies in the country. They provide healthcare, finance and accounting, e-content management, document lifecycle, presentment, HR Assist and strategic consulting services across key industries. SourceHOV will occupy the 70,000 square foot building located at 615 Freeport Parkway. The facility will be used for multiple purposes including a document imaging production site and corporate accounting, legal and HR functions. SourceHOV is signing a 10 year lease and will have approximately 160 employees. City Council held a Public Hearing regarding the designation o f Reinvestment Zone No. 85 on October 8, 2013. Analysis: The resolution and tax abatement that coincide with Reinvestment Zone No. 85 will abate 75% of the tangible personal property for SourceHOV, LLC for a period of five years. Legal Review: The documents were reviewed by Pete Smith. Fiscal Impact: N/A Recommendation: Economic Development recommends approval. 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS, AND SOURCEHOV LLC, A DELAWARE LIMITED LIABILITY COMPANY; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas, and SourceHOV LLC, a Delaware limited liability company, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The Council finds that the tangible personal property to be added to the improvements on the Land described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 2 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2013. CITY OF COPPELL, TEXAS ___________________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ___________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS:8-19-13:TM 61880) 3 Exhibit “A” (copy of Tax Abatement Agreement to be attached) Page 1 Tax Abatement Agreement City of Coppell and Source HOV LLC (TM 61837) STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City of Coppell, Texas (the “City”), and SourceHOV LLC, a Delaware limited liability company (the “Lessee”) (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas (the “City Council”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 85 (the “Zone”), for the real property described in Exhibit “A” (the “Land”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Lessee has or intends to enter into a lease of approximately 70,000 square feet of office space in a building on the Land (hereinafter defined) located at 615 Freeport Parkway, Coppell, Texas (the “Leased Premises”), for a period of at least five (5) years (the “Lease”), and intends to locate certain Tangible Personal Property (hereinafter defined) at the Leased Premises; and WHEREAS, Lessee’s development efforts described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Leased Premises (hereinafter defined), set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in Page 2 Tax Abatement Agreement City of Coppell and Source HOV LLC (TM 61837) compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the Leased Premises sought are feasible and practicable and would be of benefit to the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Leased Premises is located; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of ma jor investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Bankruptcy or Insolvency” shall mean the dissolution or termination of a Lessee’s existence as a going business, insolvency, appointment of receiver for any part of a Lessee’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such Lessee, and such proceeding is not dismissed within ninety (90) days after the filing thereof. “Base Year” shall mean the year in which this Agreement is executed (2013). “City” shall mean the City of Coppell, Texas. “Effective Date” shall mean the last date of execution of this Agreement. “Expiration Date” shall mean March 1 of the calendar year following the fifth (5th) anniversary date of the First Year of Abatement. “First Year of Abatement” shall mean January 1 of the calendar year immediately following the date of issuance of a certificate of occupancy for Lessee’s occupancy of the Leased Premises. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, Page 3 Tax Abatement Agreement City of Coppell and Source HOV LLC (TM 61837) insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax Code and Article VIII, Section 1-j of the Texas Constitution. Freeport Goods does not include “Goods in Transit” as defined by Tax Code, Section 11.253. “Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253. “Land” means the real property described in Exhibit “A”. “Lease” shall mean the lease of the Leased Premises for a period of at least five (5) years. “Lease Inception Date” shall mean the date the term of the Lease commences but not later than October 31, 2013. “Leased Premises” shall mean approximately 70,000 square feet of office space located at 615 Freeport Parkway, Coppell, Texas. “Lessee” shall mean SourceHOV LLC, a Delaware limited liability company. “Related Agreement” shall mean any other agreement by and between the City and the Lessee, its parent company, and any affiliated or related entity owned or controlled by the Lessee, or its parent company, relating to the Leased Premises. “Required Use” shall mean the continuous occupancy of the Leased Premises and operation of the Lessee’s global headquarters thereat. “Tangible Personal Property” shall mean furniture, fixtures and equipment owned or leased by the Lessee and located at the Leased Premises, subsequent to the execution of this Agreement. Tangible Personal Property shall not include other tangible personal property, inventory, Freeport Goods or Goods in Transit located at the Leased Premises. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. Article II General Provisions 2.1 Lessee has or intends to enter into the Lease of the Leased Premises, which Leased Premises is located within the city limits of the City and within the Zone. Lessee intends to locate and maintain Tangible Personal Property at the Leased Premises following the Lessee’s occupancy thereof. Page 4 Tax Abatement Agreement City of Coppell and Source HOV LLC (TM 61837) 2.2 The Leased Premises are not in an improvement project financed by tax increment bonds. 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 2.4 The Leased Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission. 2.5 Lessee shall, before May 1 of each calendar year that the Agreement is in effect, certify in writing to the City that it is in compliance with each term of the Agreement. 2.6 The Leased Premises shall, at all times, be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable Value for the Tangible Personal Property, is at least One Million Dollars ($1,000,000.00) as of January 1 of the First Year of Abatement and as of January 1 of each year thereafter that this Agreement is in effect, the City hereby grants Lessee an abatement of seventy-five percent (75%) of the Taxable Value of the Tangible Personal Property for a period of five (5) consecutive years, beginning with the First Year of Abatement. The actual percentage of Taxable Value of the Tangible Personal Property subject to abatement for each year this Agreement is in effect will apply only to the Tangible Personal Property located at the Leased Premises subsequent to the execution of this Agreement. 3.3 The period of tax abatement herein authorized shall be for a period of five (5) consecutive years. 3.4 During the period of tax abatement herein authorized, Lessee shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land and supplies. 3.5 The Lessee agrees, subject to events of Force Majeure or Casualty to continuously lease and occupy the Leased Premises for a period of at least five (5) consecutive years beginning with the Lease Inception Date. Page 5 Tax Abatement Agreement City of Coppell and Source HOV LLC (TM 61837) 3.6 During the term of this Agreement following the Lease Inception Date and continuing thereafter until the Expiration Date, the Leased Premises shall not be used for any purpose other than the Required Use and the operation and occupancy of the Leased Premises in conformance with the Required Use shall not cease for more than thirty (30) days except in connection with and to the extent of an event of Force Majeure. 3.7 The term of this Agreement shall begin on the Effective Date and shall continue until the Expiration Date, unless sooner terminated as provided herein. 3.8 The Lessee agrees to locate and maintain Tangible Personal Property not otherwise exempt from ad valorem taxation at the Leased Premises with a Taxable Value of at least Two Million Dollars ($2,000,000.00) as of the First Year of Abatement and as of January 1 of each calendar year thereafter during the term of this Agreement. Article IV Leased Premises 4.1 Lessee intends to enter into the Lease and to locate Tangible Personal Property thereat. Nothing in this Agreement shall obligate Lessee to enter into the Lease or to locate Tangible Personal Property thereat, but said actions are conditions precedent to tax abatement for such Lessee pursuant to this Agreement. 4.2 As a condition precedent to the initiation of the Lessee’s tax abatement pursuant to this Agreement, Lessee agrees to enter into the Lease on or before October 31, 2013. 4.3 Lessee agrees to maintain the Leased Premises during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 4.4 The City, its agents and employees shall have the right of access to the Leased Premises at reasonable times and with reasonable notice to Lessee, and in accordance with visitor access and security policies of the Lessee, in order to insure that the Lessee is in compliance with the terms and conditions of this Agreement. Article V Default: Recapture of Tax Revenue 5.1 In the event Lessee: (i) fails to occupy the Leased Premises in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or sales taxes owed to the City (provided Lessee retains its right to timely and properly protest such taxes or assessment); (iii) suffers an event of “Bankruptcy or Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement or a Related Agreement which is not otherwise cured within the applicable cure period, then Lessee, after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Lessee shall, within thirty (30) days after termination, pay to the City all taxes which otherwise would have been paid by the Lessee to the Page 6 Tax Abatement Agreement City of Coppell and Source HOV LLC (TM 61837) City without benefit of a tax abatement for the property the subject of this Agreement at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The Parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The Parties further agree that any abated tax, including interest, as a result of this Agreement, shall be recoverable against the Lessee, its successors and assigns and shall constitute a tax lien against the Tangible personal Property, and shall become due, owing and shall be paid to the City within thirty (30) days after notice of termination. 5.2 Upon breach by Lessee of any of the obligations under this Agreement, the City shall notify Lessee in writing, which shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and the Lessee has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 5.3 If the Lessee fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City, at its sole option, shall have the right to terminate this Agreement by providing written notice to the Lessee. 5.4 Upon termination of this Agreement by City, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is provided. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City, at its sole discretion, has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Tangible Personal Property without tax abatement for the years in which tax abatement hereunder was received by the Lessee, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Article VI Annual Application for Tax Exemption It shall be the responsibility of the Lessee, pursuant to the Tax Code, to file an annual exemption application form for the Tangible Personal Property with the Chief Appraiser for each Appraisal District (or its successor) in which the eligible taxable property has situs. A copy of the respective exemption application shall be submitted to the City upon request. Article VII Annual Rendition The Lessee shall annually render the value of the Tangible Personal Property to the Appraisal District, and shall provide a copy of the same to the City upon written request. Page 7 Tax Abatement Agreement City of Coppell and Source HOV LLC (TM 61837) Article VIII Miscellaneous 8.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered: If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 If intended for Lessee, to: Attn: Ronald Cogburn SourceHOV LLC, Suite 1000 3232 McKinney Avenue Dallas, Texas 75204 8.2 Authorization. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. 8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.4 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement, and except as otherwise provided herein Page 8 Tax Abatement Agreement City of Coppell and Source HOV LLC (TM 61837) cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 8.7 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.9 Assignment. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by the Lessee without the prior written consent of the City Manager. 8.10 Employment of Undocumented Workers. During the term of this Agreement, the Lessee agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), the Lessee shall repay the taxes abated herein, and any other funds received by the Lessee from the City as of the date of such violation within 120 days after the date the Lessee is notified by the City of such violation, plus interest at the rate of six percent (6%) compounded annually from the date of violation until paid. 8.11 Right of Offset. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Lessee, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. 8.12 Conditions Precedent. This Agreement is subject to and conditioned upon the following conditions which are conditions precedent to the obligations of the Parties: (i) Lessee entering into the Lease on or before October 31, 2013; and (ii) Lessee occupying the Leased Premises on or before November 30, 2013. [Signature Page to Follow] Page 9 Tax Abatement Agreement City of Coppell and Source HOV LLC (TM 61837) EXECUTED in duplicate originals the ____ day of _______________, 2013. CITY OF COPPELL, TEXAS By: ______________________________________ Karen Selbo Hunt, Mayor Attest: By: _______________________________________ Christel Pettinos, City Secretary Agreed as to Form: By:_______________________________ City Attorney EXECUTED in duplicate originals the ____ day of _______________, 2013. SOURCEHOV LLC, By: _______________________________________ Ronald Cogburn Title: CEO Page 10 Tax Abatement Agreement City of Coppell and Source HOV LLC (TM 61837) Exhibit “A” (Legal Description of Land) Block A, Lot 7 of the Duke-Freeport Addition (5.570 acres) Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1357 File ID: Type: Status: 2013-1357 Agenda Item Passed 1Version: Reference: In Control: Finance 11/21/2013File Created: 12/10/2013Final Action: Master Fee Schedule 12-2013File Name: Title: Consider approval of a Resolution amending Resolution No. 010996.3 as amended, amending the Master Fee schedule for Wrecker Permit, Library Fees, Solid Waste Collection Fees and miscellaneous fees and authorizing the Mayor to sign. Notes: Agenda Date: 12/10/2013 Agenda Number: D. Sponsors: Enactment Date: Memo Fee Resolution December 2013, Master Fee Resolution 12-10-13 Attachments: Enactment Number: 2013-1210.3 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 12/10/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Consent Agenda Items A-G. The motion passed by an unanimous vote. Action Text: Text of Legislative File 2013-1357 Title Consider approval of a Resolution amending Resolution No. 010996.3 as amended, amending the Master Fee schedule for Wrecker Permit, Library Fees, Solid Waste Collection Fees and miscellaneous fees and authorizing the Mayor to sign. Summary This is the semi-annual review and update of the fees charged by the City. Fiscal Impact: The fiscal impact of this Agenda item is minimal. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1357) Staff Recommendation: The Finance Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: December 10, 2013 Reference: Amending Fee Resolution 2030: Sustainable City Government – Financial Resources to Support City Services Introduction: The fees charged by the City are reviewed annually and any proposed changes are brought forward for Council’s approval. Analysis: The Wrecker Permit Fee is being deleted so that the fee charged is in alignment with practice. The changes to Library Fees are primarily the deletion of various types of materials (audio tapes, video cassettes, floppy disks) that are no longer being used. This is bringing the schedule of fees into alignment with current practice. There is currentl y an annual fee for non-residents and this change is adding a semi-annual fee for non-residents. This is to accommodate students who are home during the summer and to encourage people who are reluctant or unsure of the benefit of the Library card to try it for a limited time. The other fee category is being changed for the cost of providing paper copies of the financial documents. These documents are provided online, but if someone should request a bound copy, the fee is being changed is to reflect the actual cost to produce the document. The current Solid Waste contract with Waste Management provides for an annual adjustment based on the DFW Consumer Price Index (CPI) less energy. It also includes an adjustment based upon diesel fuel prices for the preceding November through October. The CPI is a positive 1.9%. The diesel price for the aforementioned period did not exceed 2 $4.25 per gallon; therefore no fuel adjustment is due for the coming year. For the residential customer, rates will increase from $16.46 per month to $16.77. The senior rate will increase from $14.81 per month to $15.09 per month. The commercial rates will reflect the same 1.9% increase as will the City’s recycling rebate. Legal Review: This agenda item was reviewed by legal during the normal review of the agenda packet. Fiscal Impact: The fiscal impact of this Agenda item is minimal. Recommendation: The Finance Department recommends approval. 1 RESOLUTION NO. __________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING RESOLUTION NO. 010996.3, THE MASTER FEE SCHEDULE, AS AMENDED, BY AMENDING THE COPPELL CITY CODE FEE, IN PART; THE LIBRARY FEES, IN PART; OTHER FEES, IN PART; THE GARBAGE COLLECTION FEES, IN PART; AND PROVIDING A REPEALING CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, previously adopted Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and collected by the City, as authorized by the Code of Ordinances and other applicable codes, ordinances, resolutions, and laws; and WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set forth therein and delete others as authorized by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Master Fee Schedule section entitled “Coppell City Code” be amended, in part to read as follows: Sec. 6-9-9 Wrecker Permit Fee Delete Fee SECTION 2. That the Master Fee Schedule section entitled “Library Fees” be amended, in part to read as follows: Library Fees: “… Overdue Fees on Books, Books on CD and Magazines $0.10 per day up to $7.00 per item Overdue Fees on DVD’s $1.00 per day up to $10.00 per item …” Fee to replace interlibrary loan bands Delete Fee …” Fee for Floppy Diskettes Delete Fee Fee for RW CDs Delete Fee Annual Fee for Non Resident $40.00 each Semi-Annual Fee for Non Residents $20.00 each …” 2 SECTION 3. That the Master Fee Schedule section entitled “Other Fees” be amended, in part to read as follows: “… 2) Annual Budget $55.00 …” 5) Comprehensive Annual Financial Report $55.00 …” 9) Five Year Plan $45.00 SECTION 4. That the Master Fee Schedule section entitled “Garbage Collection Fees” be amended, in part to read as follows: Garbage Collection Fees (Effective January 1, 2014) Solid Waste and Recycling (Includes Yard Trimmings and At Your Door HHW Fees) 1. Residential Garbage Customer $16.77 per month Senior Citizen Residential Garbage Customer $15.09 per month 2. Commercial Garbage Collection Fees: Frequency 3 YD 4YD 6YD 8YD (per week) 1 $90.12 $110.63 $134.51 $170.41 2 $150.04 $215.51 $230.07 $290.60 3 $199.08 $295.47 $331.49 $409.62 4 $248.49 $374.09 $422.23 $510.40 5 $303.79 $453.65 $508.81 $625.62 6 $359.81 $544.42 $600.70 $741.11 7 N/A N/A N/A N/A Extra Pickups $29.88 $40.56 $43.13 $57.92 “… Commercial Hand Pickups (1 to 5 Bags) $20.40 Commercial Hand Pickups (6 to 10 Bags) $25.30 Dumpster Locks $8.59 per month Dumpster Casters $10.04 per month Redelivery Fee for Non-Payment of Account $45.15 3 Compactors Frequency 2YD 3 YD 4YD 6YD 8YD (per week) 1 $318.35 $334.56 $373.93 $394.75 $450.32 2 $410.98 $445.69 $479.26 $562.63 $654.07 3 $504.74 $554.50 $612.39 $730.47 $856.67 4 $598.50 $665.65 $745.52 $897.19 $1,059.98 5 $691.11 $776.79 $878.64 $1,066.20 $1,203.32 6 $784.89 $885.60 $1,009.47 $1,151.68 $1,466.73 7 $878.64 $996.74 $1,066.40 $1,403.07 $1,669.34 Extra Pickups $104.20 $115.77 $138.92 $150.51 $162.07 “… Residential Roll-Off Pricing – Open Top 10 YD 20YD 30YD 40YD Monthly Rental $159.86 $163.12 $163.12 $163.12 Delivery Fee (Each) $59.44 $60.66 $60.66 $60.66 Haul Rate Per Pull $237.25 $242.10 $277.29 $351.82 Liner $50.73 $50.73 $50.73 $50.73 Residential Roll-Off Pricing – Compactor 30 YD 35YD 40YD 42YD Monthly Rental $410.37 $410.37 $410.37 $410.37 Delivery Fee (Each) $84.35 $84.35 $84.35 $84.35 Haul Rate Per Pull $350.53 $367.20 $410.37 $410.37 20 YD and 25 YD Compactors are not available. SECTION 5. That all provisions of the resolutions of the City of Coppell, Texas, in conflict with the provisions of this Resolution, except as noted herein, be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution shall remain in full force and effect. SECTION 6. That should any word, phrase, paragraph, or section of this Resolution be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Resolution as a whole. 4 SECTION 7. That this Resolution shall become effective immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the 10th day of December, 2013. APPROVED: __________________________________ KAREN SELBO HUNT, MAYOR ATTEST: __________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: __________________________________ CITY ATTORNEY Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1360 File ID: Type: Status: 2013-1360 Zoning Ordinance Passed 1Version: Reference: In Control: Planning 11/26/2013File Created: 12/10/2013Final Action: PD-194R5-LI, ORD Amberpoint Distribution CenterFile Name: Title: Consider approval of an Ordinance for Case No. PD-194R5-LI, Amberpoint Distribution Center, a zoning change from PD-194R2-LI (Planned Development-194 Revision-2-Light Industrial) to PD-194R5-LI (Planned Development-194 Revision 5-Light Industrial), to attach a Detail Plan to allow the development of a 198,802-square-foot office/warehouse on 12.7 acres of property located at the north east corner of Royal Lane and Northpoint Drive and authorizing the Mayor to sign. Notes: Agenda Date: 12/10/2013 Agenda Number: E. Sponsors: Enactment Date: 12/10/2013 Cover Memo.pdf, Ordinance.pdf, Exhbits A - F .pdfAttachments: Enactment Number: 91500-A-636 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 12/10/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Consent Agenda Items A-G. The motion passed by an unanimous vote. Action Text: Text of Legislative File 2013-1360 Title Consider approval of an Ordinance for Case No. PD-194R5-LI, Amberpoint Distribution Center, a zoning change from PD -194R2-LI (Planned Development-194 Revision-2-Light Industrial) to PD-194R5-LI (Planned Development-194 Revision 5-Light Industrial), to attach a Detail Plan to allow the development of a 198,802-square-foot office/warehouse on 12.7 acres of property located at the north east corner of Royal Lane and Northpoint Drive and authorizing the Mayor to sign. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1360) Summary Staff Recommendation: On November 12, 2013, City Council unanimously approved this ZONING CHANGE (7-0). On October 17, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0). Commissioners Goodale, Sarma, Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Sense of Community Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: December 10, 2013 Reference: Ordinance for Case No. PD-194R5-LI, Amberpoint Distribution Center to attach a Detail Plan to allow the development of a 198,802-square-foot office/warehouse on 12.7 acres of property located at the north east corner of Royal Lane and Northpoint Drive. 2030: Business Prosperity & Sense of Community Introduction: This final building development in this distribution center is proposed for 15% office space and 85% for warehouse. This plan includes an additional 26 future parking spaces to allow an increase in office use to 20%. The architecture of the buildings is similar to that of the existing Amberpoint buildings. The building materials are tilt wall with accents and reveals throughout. The end entries are to be constructed of simulated stone with cast stone caps, metal canopies and windows. Analysis: On November 12, 2013 Council unanimously approved this PD request. On October 17, 2013, the Planning Commission unanimously recommended approval. There were no outstanding conditions. Legal Review: The City Attorney reviewed this Ordinance. Fiscal Impact: None Recommendation: The Planning Department recommends approval Attachments: Ordinance with Attachments: Legal Description, Site Plan, Tree Survey, Landscape Plan/Tree Preservation Plan (4 pages), Elevations (2 Pages) and Monument Sign Details AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A ZONING CHANGE REQUEST FROM PD-194R2-LI (PLANNED DEVELOPMENT-194 REVISION-2-LIGHT INDUSTRIAL) TO PD-194R5-LI (PLANNED DEVELOPMENT-194 REVISION 5-LIGHT INDUSTRIAL), TO ATTACH A DETAIL PLAN TO ALLOW THE DEVELOPMENT OF A 198,802-SQUARE-FOOT OFFICE/WAREHOUSE ON 12.7 ACRES OF PROPERTY LOCATED AT THE NORTH EAST CORNER OF ROYAL LANE AND NORTHPOINT DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, TREE SURVEY, LANDSCAPE & TREE PRESERVATION PLAN, BUILDING ELEVATIONS AND MONUMENT SIGN DETAILS ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E” AND “F” RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application PD-194R5-LI should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in from PD-194R2-LI (Planned Development- 194 Revision-2-Light Industrial) to PD-194R5-LI (Planned Development-194 Revision 5-Light Industrial), to attach a Detail Plan to allow the development of a 198,802-square-foot TM 63798 office/warehouse on 12.7 acres of property located at the north east corner of Royal Lane and Northpoint Drive and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only as permitted in a Light Industrial District, as provided in the Comprehensive Zoning Ordinances except as amended herein, and in accordance with following development regulations as set forth herein below; A) Except as amended herein, the property shall be developed in accordance with Ordinance 91500-A-345 that is incorporated herein as set forth in full and hereby republished and in accordance with the detailed site plan as provided in Exhibit B. B) In the event that the ratio of office to warehouse increases from 14.8% to 20%, as depicted in Exhibit B, the additional 26 parking spaces shall be provided in the northeast portion of the site as indicated on the Site Plan, attached hereto to as Exhibit “B” and administratively approved by the Director of Planning. C) A tree removal permit will be required prior to removal of trees. SECTION 3. That Site Plan, Tree Survey, Landscape & Tree Preservation Plan, Building Elevations and Monument Sign Details, attached here to as Exhibits “B” “C”, “D”, “E” and “F” respectively, and made a part hereof for all purposes as special conditions, are hereby approved. SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the Light Industrial District regulations of the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. TM 63798 SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2013 APPROVED: ____________________________________________ KAREN SELBO HUNT TM 63798 ATTEST: ____________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _______________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/mpm) TM 63798 LEGAL DESCRIPTION EXHIBIT ‘A’ NORTH VICINITY MAP PROJECT SITE TEAMJLBJMBYDATEASSHOWNREVISIONSNo.DATESHEET NUMBER CHECKEDBYSCALEDESIGNEDBYDRAWNBYKHAPROJECT©2013KIMLEY-HORNANDASSOCIATES,INC.Engineer P.E. No. Date FOR REVIEW ONLY NOT FOR CONSTRUCTION OR PERMIT PURPOSES. 96631 SEPTEMBER 2013 BRADLEY J. MOSS AMBERPOINTDISTRIBUTIONCENTERPREPAREDFORLIBERTYPROPERTYTRUSTTXCOPPELLSEPTEMBER2013067781701SITEPLAN1 OF 1NORTH0 GRAPHIC SCALE IN FEET 20 40 80 1-800-DIG-TESS DIG TESS (@ least 72 hours prior to digging) CAUTION!! MANY EXISTING UNDERGROUND UTILITIES EXIST IN THE AREA. THE UTILITIES SHOWN ON THIS PLAN ARE FROM SURVEY AND AVAILABLE PLANS ONLY-THE INFORMATION IS VERY UNLIKELY TO BE COMPLETE OR PRECISE. THE CONTRACTOR IS RESPONSIBLE FOR DETERMINING THE HORIZONTAL AND VERTICAL LOCATION OF ALL UTILITIES SHOWN OR NOT SHOWN PRIOR TO CONSTRUCTION. CONTRACTOR SHALL BE RESPONSIBLE FOR ANY REPAIRS TO UTILITIES DUE TO DAMAGE DURING CONSTRUCTION. CONTRACTOR SHALL NOTIFY THE ENGINEER OF ANY DISCREPANCIES ON THE PLANS. LEGEND FIRE LANE PROPERTY LINE PARKING STALL COUNT"X" FIRE HYDRANTFH MANHOLE (TYPE NOTED) DEVELOPER: LIBERTY PROPERTY LIMITED PARTNERSHIP 10400 VIKING DRIVE, SUITE 130 EDEN, MN 55344 ATTN: RICHARD WEIBLEN SITE DATA SUMMARY TABLE GENERAL SITE DATA LOT 1C-R, BLOCK A 552,840 SF / 12.69 AC PHYSICAL ADDRESS 330 ROYAL LANE EXISTING SITE ZONING LI PROPOSED USE OFFICE / WAREHOUSE NATIONAL FLOOD INSURANCE RATE MAP ZONING (MAP 48113C0135 J, DATED 08/23/01)"X" BUILDING HEIGHT (TO PARAPET)44.5' BUILDING HEIGHT (# OF FLOORS)1 BUILDING FOOTPRINT AREA (SF)198,802 LOT COVERAGE 35.96% FLOOR AREA RATIO 35.96% TOTAL PAVED AREA 233,053 SF / 5.350 AC P.D.PD-194R2-LI LANDSCAPE INTERIOR LANDSCAPE AREA REQUIRED 24,380 SF INTERIOR LANDSCAPE AREA PROVIDED 24,380 SF NON VEHICULAR OPEN SPACE AREA REQUIRED 53,106 SF NON VEHICULAR OPEN SPACE AREA PROVIDED 78,165 SF PERIMETER LANDSCAPE AREA PROVIDED 35,501 SF PERIMETER LANDSCAPE AREA PROVIDED 35,501 SF PARKING REQUIRED PARKING RATIO (WAREHOUSE)1 SPACE / 1000 SF GROSS AREA REQUIRED PARKING RATIO (OFFICE)1 SPACE / 300 SF GROSS AREA REQUIRED PARKING WAREHOUSE (# SPACES) 169,402 SF 170 REQUIRED PARKING OFFICE (# SPACES) UP TO 29,400 SF (14.8%)98 TOTAL REQUIRED PARKING (# OF SPACES)268 TOTAL PROVIDED PARKING (# SPACES)268 PROVIDED ACCESSIBLE PARKING (# SPACES)8 PARKING (RE-STIPE) REQUIRED PARKING WAREHOUSE (# SPACES) 158,002 SF 158 REQUIRED PARKING OFFICE (# SPACES) UP TO 40,800 SF (20.5%)136 TOTAL REQUIRED PARKING (# OF SPACES)294 TOTAL PROVIDED PARKING (# SPACES)294 PROVIDED ACCESSIBLE PARKING (# SPACES)8 F P W S E T P W D S S CONCRETE PAVEMENT CONCRETE PAVEMENTCONCRETE PAVEMENT CONCRETE PAVEMENT CONCRETE PAVEMENT NORTHPOINT DRIVE (A VARIABLE WIDTH RIGHT-OF-WAY)BRICKBRICK SOLAR PANEL LOT 2R-3, BLOCK A AMBERPOINT BUSINESS PARK OF COPPELL (INST. NO. 20070356425) O.P.R.D.C.T. LOT 1, BLOCK 2 FREEPORT NORTH (VOL. 98008, PG. 10) D.R.D.C.T. LOT 1, BLOCK 1 FREEPORT NORTH (VOL. 98193, PG. 31) D.R.D.C.T. LOT 1 FREEPORT NORTH (VOL. 96228, PG. 3239) D.R.D.C.T. CITY OF COPPELL (VOL. 96164, PG. 207) D.R.D.C.T. 10' UTILITY EASEMENT (VOL. 2003156, PG. 206) 10' UTILITY EASEMENT (VOL. 2003156, PG. 206) 20' UTILITY EASEMENT (VOL. 2002027, PG. 71) 20' UTILITY EASEMENT (VOL. 2002027, PG. 71) 10' UTILITY EASEMENT (VOL. 2002027, PG. 71) (VOL. 2003077, PG. 80) UTILITY EASEMENT (VOL. 2002027, PG. 71) (VOL. 2003077, PG. 80) 10' UTILITY EASEMENT (VOL. 2002027, PG. 71) 10' UTILITY EASEMENT (VOL. 2002027, PG. 71) 24' FIRELANE (VOL. 2002027, PG. 71) 30' ACCESS EASEMENT (VOL. 2002027, PG. 71) JESSE MOORE SURVEY - ABSTRACT NO. 968 C S DUNAGAN SURVEY - ABSTRACT NO. 1655 CSDUNAGANSURVEY-ABSTRACTNO.1655JESSEMOORESURVEY-ABSTRACTNO.96830' BUILDING LINE (INST. NO. 201300005231) 30' BUILDING LINE (INST. NO. 201300005231) 10' BUILDING LINE (INST. NO. 201300005231) INLET INLETINLETINLETINLETINLETINLETINLETSIGN LIBERTY PROPERTY LIMITED PARTNERSHIP (INST. NO. 201300005231) O.P.R.D.C.T. LOT 1C, BLOCK A AMBERPOINT BUSINESS PARK OF COPPELL (VOL. 2003156, PG. 206) O.P.R.D.C.T. 12.691 ACRES 552,840 SQ. FT. LOT 1BR, BLOCK A AMBERPOINT BUSINESS PARK OF COPPELL (VOL. 2003156, PG. 206) O.P.R.D.C.T. ROCK WALL XXXXXXXXXXXXXXXXXXXBARBED WIRE FENCE BARBED WIRE FENCE END OF FENCE 39043905 3921 392239273928 39293930396039803981 3982 398439893990 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 40754076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 41034104 41054106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 41304131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154 4155 4156 4157 4158 4159 4160 4161 4162 4163 4164 4165 4166 41674168 4169 4170 4171 4172 4173 4174 41754176 4177 4178 4179 4180 4181 4182 4183 4184 4185 4186 4187 4188 4189 4190 4191 4192 4193 4194 4195 41964197 4198 4199 4200 4201 4202 4203 4204 4205 4206 4207 4208 4209 42104211 4212 4213 4214 4215 4216 4217 4218 4219 4220 4221 4222 4223 4224 4225 4226 4227 4228 4229 4230 4231 4232 4233 4234 4235 4236 4237 4238 4239 4240 4241 4242 4243 4244 4245 4246 4247 4248 4249 4250 4251 4252 4253 4254 4255 4256 4257 4258 4259 4260 4261 4262 4263 42734274 4275 4276 GRAPHIC SCALE IN FEET 040 20 40 80 1" = 40' @ 24X36 Copyright © 2013 Kimley-Horn and Associates, Inc. All rights reserved TREE SURVEY 12.691 ACRES LO1 1C, BLOCK A AMBERPOINT BUSINESS PARK OF COPPELL JESSE MOORE SURVEY, ABSTRACT NO. 968 C S DUNAGAN SURVEY, ABSTRACT NO. 1655 CITY OF COPPELL, DALLAS COUNTY, TEXAS DWGNAME:K:\DAL_SURVEY\067781701-AMBERPOINT\DWG\067781701-AMBERPOINT_TREE.DWGPLOTTEDBYDOBBS,ANDY10/4/20138:42AMLASTSAVED9/17/20132:14PMJAD1" = 40' Dallas, Texas 75251 12750 Merit Drive, Suite 1000 Tel. No. (972) 770-1300 Fax No. (972) 239-3820 DAB 05/02/2013 067781701 1 OF 4 FIRM #101155-00 LEGEND ROOF DRAIN CABLE TV BOX CABLE TV HANDHOLE CABLE TV MANHOLE CABLE TV MARKER FLAG CABLE TV MARKER SIGN CABLE TV VAULT COMMUNICATIONS BOX COMMUNICATIONS HANDHOLE COMMUNICATIONS MANHOLE COMMUNICATIONS MARKER FLAG COMMUNICATIONS MARKER SIGN COMMUNICATIONS VAULT ELEVATION BENCHMARK FIBER OPTIC BOX FIBER OPTIC HANDHOLE FIBER OPTIC MANHOLE FIBER OPTIC MARKER FLAG FIBER OPTIC MARKER SIGN FIBER OPTIC VAULT MONITORING WELL GAS HANDHOLE GAS METER GAS MANHOLE GAS MARKER FLAG GAS SIGN GAS TANK GAS VAULT GAS VALVE TELEPHONE BOX TELEPHONE HANDHOLE TELEPHONE MANHOLE TELEPHONE MARKER FLAG TELEPHONE MARKER SIGN TELEPHONE VAULT PIPELINE MARKER SIGN ELECTRIC BOX FLOOD LIGHT GUY ANCHOR GUY ANCHOR POLE ELECTRIC HANDHOLE LIGHT STANDARD ELECTRIC METER ELECTRIC MANHOLE ELECTRIC MARKER FLAG ELECTRIC MARKER SIGN UTILITY POLE ELECTRIC TRANSFORMER ELECTRIC VAULT HANDICAPPED PARKING SIGN MARQUEE/BILLBOARD BORE LOCATION FLAG POLE GREASE TRAP MAIL BOX SANITARY SEWER CLEAN OUT SANITARY SEWER MANHOLE SANITARY SEWER MARKER FLAG SANITARY SEWER MARKER SIGN SANITARY SEWER SEPTIC TANK SANITARY SEWER VAULT STORM SEWER BOX STORM SEWER DRAIN STORM SEWER MANHOLE STORM SEWER VAULT TRAFFIC BARRIER TRAFFIC BOLLARD TRAFFIC BOX CROSS WALK SIGNAL TRAFFIC HANDHOLE TRAFFIC MANHOLE TRAFFIC MARKER SIGN TRAFFIC SIGNAL TRAFFIC VAULT UNIDENTIFIED BOX UNIDENTIFIED HANDHOLE UNIDENTIFIED METER UNIDENTIFIED MANHOLE UNIDENTIFIED MARKER FLAG UNIDENTIFIED MARKER SIGN UNIDENTIFIED POLE UNIDENTIFIED TANK UNIDENTIFIED VAULT UNIDENTIFIED VALVE TREE WATER BOX FIRE DEPT. CONNECTION WATER HAND HOLE FIRE HYDRANT WATER METER WATER MANHOLE WATER MARKER FLAG WATER MARKER SIGN WATER VAULT WATER VALVE AIR RELEASE VALVE WATER WELL TV TV TV TV TV TV C C C C C C F F F F F G G G G G G G G T T T T T T P E E E E E E T E GT S S S ST S D D D TR TR TR TR TR TR U U U U U U U U U U W W W W W W W A W F C.M. IRSC IRFC PKS PKF IRF XS XF CONTROLLING MONUMENT 5/8" IRON ROD W/ "KHA" CAP SET IRON ROD WITH CAP FOUND PK NAIL SET PK NAIL FOUND IRON ROD FOUND "X" CUT IN CONCRETE SET "X" CUT IN CONCRETE FOUND POINT OF BEGINNINGP.O.B. POINT OF COMMENCINGP.O.C. IPF IRON PIPE FOUND ADF ALUMINUM DISK FOUND LINE TYPE LEGEND BOUNDARY LINE EASEMENT LINE BUILDING LINE WATER LINE SANITARY SEWER LINE STORM SEWER LINE UNDERGROUND GAS LINE OVERHEAD UTILITY LINE UNDERGROUND ELECTRIC LINE UNDERGROUND TELEPHONE LINE FENCE CONCRETE PAVEMENT ASPHALT PAVEMENT UGT UGE XXXXW SS GAS OHE MATCHLINE (SEE SHEET 2) N.T.S.VICINITY MAP SITE T T FF G T TTT W S TTV S D E TT X CONCRETE PAVEMENT CONCRETE PAVEMENT CONCRETE PAVEMENT CONCRETE PAVEMENT CONCRETE PAVEMENT ROYALLANE(AVARIABLEWIDTHRIGHT-0F-WAY)GRAVEL GRAVEL XCELLULAR TOWER AND EQUIPMENT AREA BRICK LIBERTY PROPERTY LIMITED PARTNERSHIP (INST. NO. 201300005231) O.P.R.D.C.T. LOT 1BR, BLOCK A AMBERPOINT BUSINESS PARK OF COPPELL (VOL. 2003156, PG. 206) O.P.R.D.C.T. LOT 1A, BLOCK A AMBERPOINT BUSINESS PARK OF COPPELL (VOL. 2003077, PG. 80) O.P.R.D.C.T. LOT 1, TRACT 1 FOUR SEASONS ADDITION (VOL. 99241, PG. 196) D.R.D.C.T. LOT 1, BLOCK 1 NORTH LAKE COLLEGE, NORTH CAMPUS ADDITION (INST. NO. 20080036685) O.P.R.D.C.T. 12.691 ACRES 552,840 SQ. FT. LOT 1C, BLOCK A AMBERPOINT BUSINESS PARK OF COPPELL (VOL. 2003156, PG. 206) O.P.R.D.C.T. 15' TU ELECTRIC EASEMENT (VOL. 88206, PG. 3786) 15' UTILITY EASEMENT (VOL. 88206, PG. 3786) 30' UTILITY EASEMENT (VOL. 99147, PG. 807) 20' TXU UTILITY EASEMENT (VOL. 2002027, PG. 71) 30' BUILDING LINE (INST. NO. 201300005231) 60' BUILDING LINE (VOL. 88206, PG. 3786) 10' BUILDING LINE (INST. NO. 201300005231) 10' BUILDING LINE (INST. NO. 201300005231)INLETINLETINLETWATER VAULT BRICK OHEOHEOHEOHEOHEOHEOHEOHEOHECHAIN LINK FENCE GATE 24' FIRELANE (VOL. 2002027, PG. 71) 20' UTILITY EASEMENT (VOL. 2002027, PG. 71) MARBLE WALL MARBLE WALL MARBLE WALL 3888 3889 3890 3891 3892 3893 3894 3895 3896 3897 3898 3899 3900 3901 3902 3903 39063907 3908 3909 3910 3911 3912 3913 3914 3915 3916 3917 3918 3919 3920 3923 39243925 3926 3931 3932 3933 3934 3935 3936 3937 3938 3939 3940 3941 3942 3943 3944 3945 3946 3947 39483949 39503951 3952 3953 3954 3955 3956 3957 3958 3959 3961 3962 3963 3964 3965 3966 3967 39683969 3970 3971 3972 3973 3974 3975 3976 3977 3978 3979 3983 3985 3986 3987 3988 3991 3992 3993 3994 3995 3996 399739983999 4000 4001 4264 4265 4266 4267 4268 4269 4270 4271 4272 Copyright © 2013 Kimley-Horn and Associates, Inc. All rights reserved TREE SURVEY 12.691 ACRES LO1 1C, BLOCK A AMBERPOINT BUSINESS PARK OF COPPELL JESSE MOORE SURVEY, ABSTRACT NO. 968 C S DUNAGAN SURVEY, ABSTRACT NO. 1655 CITY OF COPPELL, DALLAS COUNTY, TEXAS DWGNAME:K:\DAL_SURVEY\067781701-AMBERPOINT\DWG\067781701-AMBERPOINT_TREE.DWGPLOTTEDBYDOBBS,ANDY10/4/20138:42AMLASTSAVED9/17/20132:14PMJAD1" = 40' Dallas, Texas 75251 12750 Merit Drive, Suite 1000 Tel. No. (972) 770-1300 Fax No. (972) 239-3820 DAB 05/02/2013 067781701 2 OF 4 FIRM #101155-00 GRAPHIC SCALE IN FEET 040 20 40 80 1" = 40' @ 24X36 LEGEND ROOF DRAIN CABLE TV BOX CABLE TV HANDHOLE CABLE TV MANHOLE CABLE TV MARKER FLAG CABLE TV MARKER SIGN CABLE TV VAULT COMMUNICATIONS BOX COMMUNICATIONS HANDHOLE COMMUNICATIONS MANHOLE COMMUNICATIONS MARKER FLAG COMMUNICATIONS MARKER SIGN COMMUNICATIONS VAULT ELEVATION BENCHMARK FIBER OPTIC BOX FIBER OPTIC HANDHOLE FIBER OPTIC MANHOLE FIBER OPTIC MARKER FLAG FIBER OPTIC MARKER SIGN FIBER OPTIC VAULT MONITORING WELL GAS HANDHOLE GAS METER GAS MANHOLE GAS MARKER FLAG GAS SIGN GAS TANK GAS VAULT GAS VALVE TELEPHONE BOX TELEPHONE HANDHOLE TELEPHONE MANHOLE TELEPHONE MARKER FLAG TELEPHONE MARKER SIGN TELEPHONE VAULT PIPELINE MARKER SIGN ELECTRIC BOX FLOOD LIGHT GUY ANCHOR GUY ANCHOR POLE ELECTRIC HANDHOLE LIGHT STANDARD ELECTRIC METER ELECTRIC MANHOLE ELECTRIC MARKER FLAG ELECTRIC MARKER SIGN UTILITY POLE ELECTRIC TRANSFORMER ELECTRIC VAULT HANDICAPPED PARKING SIGN MARQUEE/BILLBOARD BORE LOCATION FLAG POLE GREASE TRAP MAIL BOX SANITARY SEWER CLEAN OUT SANITARY SEWER MANHOLE SANITARY SEWER MARKER FLAG SANITARY SEWER MARKER SIGN SANITARY SEWER SEPTIC TANK SANITARY SEWER VAULT STORM SEWER BOX STORM SEWER DRAIN STORM SEWER MANHOLE STORM SEWER VAULT TRAFFIC BARRIER TRAFFIC BOLLARD TRAFFIC BOX CROSS WALK SIGNAL TRAFFIC HANDHOLE TRAFFIC MANHOLE TRAFFIC MARKER SIGN TRAFFIC SIGNAL TRAFFIC VAULT UNIDENTIFIED BOX UNIDENTIFIED HANDHOLE UNIDENTIFIED METER UNIDENTIFIED MANHOLE UNIDENTIFIED MARKER FLAG UNIDENTIFIED MARKER SIGN UNIDENTIFIED POLE UNIDENTIFIED TANK UNIDENTIFIED VAULT UNIDENTIFIED VALVE TREE WATER BOX FIRE DEPT. CONNECTION WATER HAND HOLE FIRE HYDRANT WATER METER WATER MANHOLE WATER MARKER FLAG WATER MARKER SIGN WATER VAULT WATER VALVE AIR RELEASE VALVE WATER WELL TV TV TV TV TV TV C C C C C C F F F F F G G G G G G G G T T T T T T P E E E E E E T E GT S S S ST S D D D TR TR TR TR TR TR U U U U U U U U U U W W W W W W W A W F C.M. IRSC IRFC PKS PKF IRF XS XF CONTROLLING MONUMENT 5/8" IRON ROD W/ "KHA" CAP SET IRON ROD WITH CAP FOUND PK NAIL SET PK NAIL FOUND IRON ROD FOUND "X" CUT IN CONCRETE SET "X" CUT IN CONCRETE FOUND POINT OF BEGINNINGP.O.B. POINT OF COMMENCINGP.O.C. IPF IRON PIPE FOUND ADF ALUMINUM DISK FOUND LINE TYPE LEGEND BOUNDARY LINE EASEMENT LINE BUILDING LINE WATER LINE SANITARY SEWER LINE STORM SEWER LINE UNDERGROUND GAS LINE OVERHEAD UTILITY LINE UNDERGROUND ELECTRIC LINE UNDERGROUND TELEPHONE LINE FENCE CONCRETE PAVEMENT ASPHALT PAVEMENT UGT UGE XXXXW SS GAS OHE MATCHLINE (SEE SHEET 1) N.T.S.VICINITY MAP SITE Copyright © 2013 Kimley-Horn and Associates, Inc. All rights reserved TREE SURVEY 12.691 ACRES LO1 1C, BLOCK A AMBERPOINT BUSINESS PARK OF COPPELL JESSE MOORE SURVEY, ABSTRACT NO. 968 C S DUNAGAN SURVEY, ABSTRACT NO. 1655 CITY OF COPPELL, DALLAS COUNTY, TEXAS DWGNAME:K:\DAL_SURVEY\067781701-AMBERPOINT\DWG\067781701-AMBERPOINT_TREE.DWGPLOTTEDBYDOBBS,ANDY10/4/20138:42AMLASTSAVED9/17/20132:14PMJAD1" = ##' Dallas, Texas 75251 12750 Merit Drive, Suite 1000 Tel. No. (972) 770-1300 Fax No. (972) 239-3820 DAB 05/02/2013 067781701 3 OF 4 FIRM #101155-00 TAG #DBH SPECIES CODE COMMON NAME SCIENTIFIC NAME CONDITION*M/S**CANOPY N*** CANOPY E*** CANOPY S*** CANOPY W*** CROWN CLASS % LIVE CROWN 3888 22.8 PO Post oak Quercus stellata 1 N 18 21 13 10 D 60 3889 7.5 PO Post oak Quercus stellata 1 N 4 5 16 18 I 70 3890 14.7 PO Post oak Quercus stellata 1 N 24 20 15 22 D 50 3891 7.3 HB Hackberry Celtis occidentalis 3 N 0 0 17 12 I 40 3892 20 PO Post oak Quercus stellata DEAD DEAD DEAD DEAD DEAD DEAD DEAD DEAD 3893 11.3 PO Post oak Quercus stellata DEAD DEAD DEAD DEAD DEAD DEAD DEAD DEAD 3894 25 PO Post oak Quercus stellata 3 N 0 22 24 0 D 50 3895 6.7 HB Hackberry Celtis occidentalis 1 N 15 6 8 16 I 80 3896 6 HB Hackberry Celtis occidentalis 1 N 7 24 5 3 I 80 3897 11 AE American elm Ulmus americana 1 N 17 15 15 18 D 80 3898 18.8 PO Post oak Quercus stellata 1 N 25 30 8 6 D 60 3899 6.7 HB Hackberry Celtis occidentalis 1 N 22 15 3 12 I 70 3900 26.2 PO Post oak Quercus stellata 3 F 0 16 3 4 C 80 3901 28.5 PO Post oak Quercus stellata 1 M 25 25 25 20 D 80 3902 6.7 HB Hackberry Celtis occidentalis 1 N 12 10 13 9 I 70 3903 11.4 PO Post oak Quercus stellata 1 N 20 7 4 20 D 50 3904 13.8 PO Post oak Quercus stellata 1 N 12 6 9 26 D 60 3905 14.8 PO Post oak Quercus stellata 1 F 0 0 14 18 I 80 3906 14.8 PO Post oak Quercus stellata 1 F 22 16 15 6 C 60 3907 30.9 PO Post oak Quercus stellata 2 F 14 8 10 16 D 70 3908 10.2 PO Post oak Quercus stellata 1 N 1 2 8 15 I 70 3909 12.6 PO Post oak Quercus stellata 1 N 0 2 30 0 I 80 3910 13.6 PO Post oak Quercus stellata 1 N 0 0 28 7 D 70 3911 25.1 PO Post oak Quercus stellata 1 F 30 10 26 16 D 80 3912 18.1 PO Post oak Quercus stellata 2 M 30 24 5 12 D 80 3913 10 PO Post oak Quercus stellata 1 N 10 20 15 8 C 70 3914 16.1 PO Post oak Quercus stellata 1 N 25 25 7 6 D 60 3915 21 PO Post oak Quercus stellata 2 F 22 12 22 24 D 70 3916 8.6 PO Post oak Quercus stellata 2 N 2 9 15 4 C 50 3917 10.1 PO Post oak Quercus stellata 1 N 0 2 25 0 I 60 3918 7.2 PO Post oak Quercus stellata 1 N 2 2 7 12 I 70 3919 7.6 PO Post oak Quercus stellata 1 N 5 19 7 0 I 40 3920 10.9 PO Post oak Quercus stellata 1 N 6 15 25 1 C 60 3921 15.9 PO Post oak Quercus stellata 1 N 20 28 17 16 D 80 3922 15 PO Post oak Quercus stellata 1 N 3 22 20 15 C 80 3923 19.1 PO Post oak Quercus stellata 1 F 17 17 16 18 C 60 3924 9.7 PO Post oak Quercus stellata 1 N 13 17 12 3 C 30 3925 6.3 AE American elm Ulmus americana 1 N 11 12 6 13 I 80 3926 20.1 PO Post oak Quercus stellata 1 N 28 18 20 25 D 70 3927 11.4 PO Post oak Quercus stellata 1 N 13 6 2 17 C 40 3928 19 PO Post oak Quercus stellata 1 N 15 18 22 25 D 70 3929 31.3 PO Post oak Quercus stellata 1 M 14 12 25 30 D 70 3930 8.2 PO Post oak Quercus stellata 1 N 0 0 18 0 S 50 3931 23.2 PO Post oak Quercus stellata 1 M 17 0 7 22 C 40 3932 7 PO Post oak Quercus stellata 1 N 3 2 0 17 S 60 3933 9.1 PO Post oak Quercus stellata 1 N 16 4 5 8 C 60 3934 17.6 PO Post oak Quercus stellata 1 N 21 14 12 20 C 60 3935 6.6 PO Post oak Quercus stellata 2 N 8 2 0 2 S 30 3936 11.9 PO Post oak Quercus stellata 2 N 19 6 0 22 I 70 3937 6.2 PO Post oak Quercus stellata 1 F 10 8 10 12 I 70 3938 11.8 PO Post oak Quercus stellata 1 N 24 2 0 15 C 80 3939 8.6 PO Post oak Quercus stellata 1 N 16 12 6 7 C 90 3940 8.2 PO Post oak Quercus stellata 1 N 4 4 13 12 C 80 3941 6.1 PO Post oak Quercus stellata 1 N 8 12 7 5 I 70 3942 9.9 AE American elm Ulmus americana 1 N 15 10 12 15 C 70 3943 7 HB Hackberry Celtis occidentalis 1 N 10 6 5 11 I 50 3944 7.2 HB Hackberry Celtis occidentalis 1 N 16 10 0 5 I 70 3945 8.5 HB Hackberry Celtis occidentalis 1 F 10 12 9 12 I 50 3946 7.4 PO Post oak Quercus stellata 1 N 12 8 10 9 I 60 3947 6.7 HB Hackberry Celtis occidentalis 2 N 11 15 11 9 I 50 3948 32.4 PO Post oak Quercus stellata 1 M 25 25 25 13 D 70 3949 11.9 PO Post oak Quercus stellata 1 N 0 0 18 14 I 70 3950 10.2 PO Post oak Quercus stellata 2 N 0 0 0 20 I 60 3951 14.6 PO Post oak Quercus stellata 1 N 12 7 18 24 D 60 3952 14.1 PO Post oak Quercus stellata 1 N 22 18 8 22 D 70 3953 16.5 PO Post oak Quercus stellata 1 N 22 12 0 18 C 50 3954 9.3 MQ Mesquite Prosopis glandulosa 1 N 22 13 15 15 C 70 3955 7.5 MQ Mesquite Prosopis glandulosa 1 N 0 0 12 15 C 80 3956 8.4 MQ Mesquite Prosopis glandulosa 1 M 12 0 13 20 C 80 3957 7.2 MQ Mesquite Prosopis glandulosa 1 M 10 12 13 9 C 80 3958 6.6 MQ Mesquite Prosopis glandulosa 1 M 15 15 16 9 D 60 3959 8.1 MQ Mesquite Prosopis glandulosa 1 F 12 8 8 13 D 40 3960 8.1 HB Hackberry Celtis occidentalis 1 F 12 10 4 8 C 80 3961 7.8 MQ Mesquite Prosopis glandulosa 2 M 5 5 11 4 C 60 3962 8.2 MQ Mesquite Prosopis glandulosa 1 M 5 7 9 5 C 30 3963 7.3 MQ Mesquite Prosopis glandulosa 1 F 14 0 11 12 D 50 3964 7.5 MQ Mesquite Prosopis glandulosa 1 M 7 10 3 7 C 40 3965 10 AE American elm Ulmus americana 1 N 18 12 6 12 D 70 3966 6.1 MQ Mesquite Prosopis glandulosa 1 F 12 14 0 0 C 40 3967 9 MQ Mesquite Prosopis glandulosa 1 M 11 11 6 13 D 40 3968 11.3 HB Hackberry Celtis occidentalis 1 F 13 11 14 10 D 80 3969 13.5 HB Hackberry Celtis occidentalis 1 F 18 15 17 19 D 70 3970 9 HB Hackberry Celtis occidentalis 1 F 11 0 12 17 C 80 3971 9.6 MQ Mesquite Prosopis glandulosa 1 M 14 12 7 18 D 80 3972 8.8 MQ Mesquite Prosopis glandulosa 1 F 23 2 6 21 D 60 3973 11 HB Hackberry Celtis occidentalis 1 M 9 10 10 15 C 80 3974 9.3 AE American elm Ulmus americana 1 N 12 14 16 11 D 90 3975 6.5 MQ Mesquite Prosopis glandulosa 1 F 0 6 8 4 C 50 3976 11.8 MQ Mesquite Prosopis glandulosa 1 F 12 10 12 7 C 50 3977 10.2 MQ Mesquite Prosopis glandulosa 1 F 15 12 10 5 C 40 3978 8.6 MQ Mesquite Prosopis glandulosa 1 F 9 9 12 8 D 50 3979 6.7 MQ Mesquite Prosopis glandulosa 1 F 13 5 5 0 C 40 3980 9.2 HB Hackberry Celtis occidentalis 1 F 13 8 10 11 D 80 3981 6.3 HB Hackberry Celtis occidentalis 1 N 10 10 15 10 D 60 3982 8.9 HB Hackberry Celtis occidentalis 1 M 16 8 10 15 D 60 3983 11.6 GB Gum bumelia Bumelia lanuginosa 1 M 12 10 8 6 D 60 3984 9.8 HB Hackberry Celtis occidentalis 1 N 22 15 10 12 D 60 3985 6.2 MQ Mesquite Prosopis glandulosa 1 F 0 2 16 9 C 50 3986 6.3 MQ Mesquite Prosopis glandulosa 1 F 5 12 14 8 C 70 3987 6 HL Honey locust Gleditsia triacanthos 2 N 0 0 12 11 D 60 3988 7.9 HB Hackberry Celtis occidentalis 1 F 14 8 11 9 D 80 3989 10.5 HB Hackberry Celtis occidentalis 1 N 17 12 14 15 D 70 3990 8.7 HB Hackberry Celtis occidentalis 1 N 16 6 4 16 D 70 3991 10.2 HB Hackberry Celtis occidentalis 1 N 18 18 18 15 D 90 3992 7.5 HB Hackberry Celtis occidentalis 1 N 12 5 15 16 C 70 3993 9.7 HB Hackberry Celtis occidentalis 1 F 10 8 12 13 C 90 3994 11.7 MQ Mesquite Prosopis glandulosa 1 F 18 2 16 17 C 60 3995 8.5 HB Hackberry Celtis occidentalis 1 N 15 12 12 8 D 70 3996 8.3 HB Hackberry Celtis occidentalis 1 F 16 0 16 12 I 50 3997 6.4 HB Hackberry Celtis occidentalis 1 F 13 6 8 10 D 90 3998 9.7 GB Gum bumelia Bumelia lanuginosa 1 F 12 5 11 7 D 80 3999 8.3 HC Hercules club Zanthoxylum clava-hurculis 1 M 12 15 16 0 C 90 4000 13 HB Hackberry Celtis occidentalis 1 N 20 15 15 16 D 80 4001 16.5 MQ Mesquite Prosopis glandulosa 1 M 15 18 13 13 D 80 4002 6.4 HB Hackberry Celtis occidentalis 1 N 3 10 8 16 C 60 4003 8.7 HB Hackberry Celtis occidentalis 1 N 10 3 6 17 D 70 4004 6.4 HB Hackberry Celtis occidentalis 1 N 6 13 12 11 C 60 4005 9.3 HB Hackberry Celtis occidentalis 1 M 10 13 4 14 C 70 4006 6.1 HB Hackberry Celtis occidentalis 1 M 5 2 15 16 I 50 4007 6.1 HB Hackberry Celtis occidentalis 1 M 15 8 0 18 I 50 4008 6.5 HB Hackberry Celtis occidentalis 1 N 15 12 11 15 D 70 4009 7.8 HB Hackberry Celtis occidentalis 1 M 7 12 10 16 C 70 4010 6.1 HB Hackberry Celtis occidentalis 1 M 3 10 8 15 C 80 4011 6.6 HB Hackberry Celtis occidentalis 1 N 10 3 11 16 C 60 4012 6.3 GB Gum bumelia Bumelia lanuginosa 3 N 11 12 0 0 D 50 4013 7.4 HB Hackberry Celtis occidentalis 1 F 11 10 12 9 D 50 4014 6.3 MQ Mesquite Prosopis glandulosa 1 M 10 0 0 17 C 70 4015 13.3 HB Hackberry Celtis occidentalis 1 N 25 15 13 15 D 70 4016 7.3 MQ Mesquite Prosopis glandulosa 1 M 0 3 17 15 D 70 4017 10.4 HB Hackberry Celtis occidentalis 1 M 20 12 10 15 D 70 4018 7.3 HB Hackberry Celtis occidentalis 1 N 5 13 10 6 C 40 4019 6.1 HB Hackberry Celtis occidentalis 1 N 0 5 18 10 D 40 4020 9.6 HB Hackberry Celtis occidentalis 1 F 20 22 8 15 C 60 4021 7.7 HB Hackberry Celtis occidentalis 3 N 12 3 8 8 I 40 4022 9.2 HB Hackberry Celtis occidentalis 1 N 13 14 10 17 D 60 4023 7.6 HB Hackberry Celtis occidentalis 1 N 6 9 12 13 C 50 4024 16.8 HB Hackberry Celtis occidentalis 1 M 22 20 15 17 D 70 4025 17 HB Hackberry Celtis occidentalis 1 N 24 26 4 20 D 70 4026 12.3 HB Hackberry Celtis occidentalis 1 N 5 0 7 17 C 70 4027 8.3 OOF Osage orange -female Maclura pomifera 1 N 17 18 13 10 D 80 4028 10.1 MQ Mesquite Prosopis glandulosa 2 M 0 20 5 0 I 40 4029 7.4 MQ Mesquite Prosopis glandulosa 1 F 0 0 17 18 D 50 4030 8.1 MQ Mesquite Prosopis glandulosa 1 F 11 8 16 12 D 40 4031 11.4 MQ Mesquite Prosopis glandulosa 1 M 18 12 17 16 D 40 4032 7.7 MQ Mesquite Prosopis glandulosa 1 F 9 12 7 8 D 40 4033 11.7 MQ Mesquite Prosopis glandulosa 1 F 14 14 15 15 D 40 4034 6.3 MQ Mesquite Prosopis glandulosa 1 F 9 10 10 12 C 50 4035 6.3 MQ Mesquite Prosopis glandulosa 1 F 7 18 14 3 D 40 4036 6.1 MQ Mesquite Prosopis glandulosa 1 F 9 7 9 14 D 30 4037 6.7 MQ Mesquite Prosopis glandulosa 1 F 9 10 12 8 D 40 4038 6.3 MQ Mesquite Prosopis glandulosa 1 F 7 15 16 6 D 30 4039 10.2 MQ Mesquite Prosopis glandulosa 1 M 0 17 17 13 D 50 4040 7.3 MQ Mesquite Prosopis glandulosa 1 F 8 9 8 9 D 50 4041 11.4 MQ Mesquite Prosopis glandulosa 2 N 12 17 0 0 I 30 4042 6.1 MQ Mesquite Prosopis glandulosa 1 F 1 17 17 5 C 40 4043 7.2 MQ Mesquite Prosopis glandulosa 1 N 0 20 12 12 D 20 4044 8.1 MQ Mesquite Prosopis glandulosa 2 F 17 13 0 0 I 20 4045 12 MQ Mesquite Prosopis glandulosa 1 F 16 20 13 13 D 60 4046 8.7 MQ Mesquite Prosopis glandulosa 1 F 16 12 6 0 D 50 4047 18.5 MQ Mesquite Prosopis glandulosa 2 M 18 15 19 13 D 60 4048 8.9 MQ Mesquite Prosopis glandulosa 1 M 15 17 7 5 D 40 4049 12.2 MQ Mesquite Prosopis glandulosa 1 M 14 15 17 15 C 50 4050 7.7 MQ Mesquite Prosopis glandulosa 1 M 5 13 15 15 D 50 4051 10.3 MQ Mesquite Prosopis glandulosa 1 M 14 17 15 14 D 60 4052 9.1 MQ Mesquite Prosopis glandulosa 1 M 5 6 17 16 D 50 4053 17.2 MQ Mesquite Prosopis glandulosa 1 F 20 17 18 8 D 40 4054 8.1 MQ Mesquite Prosopis glandulosa 1 M 16 5 3 5 C 30 4055 11.6 MQ Mesquite Prosopis glandulosa 1 M 10 12 8 15 D 60 4056 6.9 MQ Mesquite Prosopis glandulosa 1 F 9 10 12 8 D 50 4057 7.7 MQ Mesquite Prosopis glandulosa 1 M 5 9 16 2 C 40 4058 7.4 MQ Mesquite Prosopis glandulosa 1 M 15 14 15 8 D 50 4059 6.9 MQ Mesquite Prosopis glandulosa 1 N 13 13 14 11 D 40 4060 11.6 MQ Mesquite Prosopis glandulosa 1 M 8 12 12 13 D 30 4061 6.9 MQ Mesquite Prosopis glandulosa 1 N 9 12 13 12 D 60 4062 9.6 MQ Mesquite Prosopis glandulosa 1 M 9 13 8 10 D 50 4063 11.5 MQ Mesquite Prosopis glandulosa 1 M 14 12 12 14 D 30 4064 9.1 MQ Mesquite Prosopis glandulosa 1 M 15 16 7 12 D 50 4065 6.2 MQ Mesquite Prosopis glandulosa 1 M 17 12 5 3 D 40 4066 7.2 MQ Mesquite Prosopis glandulosa 1 N 17 16 0 0 D 20 4067 8.9 MQ Mesquite Prosopis glandulosa 1 N 12 15 16 2 D 30 4068 8.1 MQ Mesquite Prosopis glandulosa 1 N 7 10 13 5 D 30 4069 6.1 MQ Mesquite Prosopis glandulosa 1 N 10 10 9 10 D 30 4070 9.2 MQ Mesquite Prosopis glandulosa 1 M 10 14 15 13 D 40 4071 9.6 MQ Mesquite Prosopis glandulosa 1 M 13 8 12 12 D 30 4072 11.9 MQ Mesquite Prosopis glandulosa 1 F 9 13 16 9 D 40 4073 6.3 MQ Mesquite Prosopis glandulosa 1 M 5 15 9 9 D 40 4074 8.2 MQ Mesquite Prosopis glandulosa 1 M 8 12 13 11 D 20 4075 8.1 MQ Mesquite Prosopis glandulosa 1 F 10 10 13 11 D 50 4076 6.2 MQ Mesquite Prosopis glandulosa 1 M 16 10 9 14 D 60 4077 15.8 MQ Mesquite Prosopis glandulosa 1 13 17 14 17 D 40 4078 9.2 MQ Mesquite Prosopis glandulosa 1 M 13 12 9 9 D 40 4079 9.2 MQ Mesquite Prosopis glandulosa 1 M 14 12 15 7 D 40 4080 7.4 MQ Mesquite Prosopis glandulosa 1 F 14 12 5 9 D 20 4081 6.4 MQ Mesquite Prosopis glandulosa 1 M 7 12 5 13 C 20 4082 7.9 MQ Mesquite Prosopis glandulosa 2 M 15 12 0 0 D 40 4083 9.9 MQ Mesquite Prosopis glandulosa 1 M 18 19 0 4 D 30 4084 9.8 MQ Mesquite Prosopis glandulosa 2 N 0 5 15 5 I 30 4085 6.5 ERC Eastern redcedar Juniperus virginiana 1 N 15 12 16 18 D 80 TAG #DBH SPECIES CODE COMMON NAME SCIENTIFIC NAME CROWN CLASS % LIVE CROWN TAG #DBH SPECIES CODE COMMON NAME SCIENTIFIC NAME CROWN CLASS % LIVE CROWN TREE TABLE CONDITION*M/S**CANOPY N*** CANOPY E*** CANOPY S*** CANOPY W***CONDITION*M/S**CANOPY N*** CANOPY E*** CANOPY S*** CANOPY W*** *CONDITION HEALTHY=1, DECLINING=2, HAZARD=3 **M/S (STEM CONDITION) N=SINGLE STEM, F=FORKED STEM, M=MULTIPLE STEMMED ***CANOPY POINTS MEASURED IN FEET Copyright © 2013 Kimley-Horn and Associates, Inc. All rights reserved TREE SURVEY 12.691 ACRES LO1 1C, BLOCK A AMBERPOINT BUSINESS PARK OF COPPELL JESSE MOORE SURVEY, ABSTRACT NO. 968 C S DUNAGAN SURVEY, ABSTRACT NO. 1655 CITY OF COPPELL, DALLAS COUNTY, TEXAS DWGNAME:K:\DAL_SURVEY\067781701-AMBERPOINT\DWG\067781701-AMBERPOINT_TREE.DWGPLOTTEDBYDOBBS,ANDY10/4/20138:43AMLASTSAVED9/17/20132:14PMJAD1" = ##' Dallas, Texas 75251 12750 Merit Drive, Suite 1000 Tel. No. (972) 770-1300 Fax No. (972) 239-3820 DAB 05/02/2013 067781701 4 OF 4 FIRM #101155-00 4086 9.9 MQ Mesquite Prosopis glandulosa 1 N 15 11 8 0 C 50 4087 13.2 MQ Mesquite Prosopis glandulosa 1 N 5 9 20 17 D 40 4088 9.7 MQ Mesquite Prosopis glandulosa 1 M 15 6 9 10 D 30 4089 7 MQ Mesquite Prosopis glandulosa 1 F 6 12 0 2 D 30 4090 6.3 MQ Mesquite Prosopis glandulosa 1 N 10 9 15 10 D 40 4091 6.5 MQ Mesquite Prosopis glandulosa 1 N 8 8 9 5 D 30 4092 11.1 MQ Mesquite Prosopis glandulosa 1 M 14 13 8 12 D 50 4093 9.2 MQ Mesquite Prosopis glandulosa 1 F 13 15 9 8 D 50 4094 9.1 MQ Mesquite Prosopis glandulosa 1 F 11 9 14 7 D 50 4095 7.4 MQ Mesquite Prosopis glandulosa 1 F 7 10 9 7 D 60 4096 7.4 MQ Mesquite Prosopis glandulosa 1 N 13 6 0 0 D 40 4097 10.4 MQ Mesquite Prosopis glandulosa 1 M 10 0 16 14 D 60 4098 7.6 MQ Mesquite Prosopis glandulosa 1 M 6 9 12 15 D 60 4099 9.4 MQ Mesquite Prosopis glandulosa 1 F 12 14 10 16 D 30 4100 9.1 MQ Mesquite Prosopis glandulosa 1 F 3 9 12 12 D 30 4101 6.1 MQ Mesquite Prosopis glandulosa 1 F 7 10 8 6 C 40 4102 6.3 MQ Mesquite Prosopis glandulosa 1 F 8 6 13 9 D 30 4103 9.5 MQ Mesquite Prosopis glandulosa 1 F 5 13 16 6 D 40 4104 7.6 MQ Mesquite Prosopis glandulosa 1 F 12 9 7 13 D 40 4105 8.1 MQ Mesquite Prosopis glandulosa 1 M 15 15 0 0 D 50 4106 7.9 MQ Mesquite Prosopis glandulosa 1 F 4 13 16 4 D 40 4107 11.2 MQ Mesquite Prosopis glandulosa 1 F 15 15 15 11 D 30 4108 11.8 MQ Mesquite Prosopis glandulosa 1 N 16 12 8 0 D 20 4109 8.8 MQ Mesquite Prosopis glandulosa 1 F 9 18 16 12 C 30 4110 6.7 MQ Mesquite Prosopis glandulosa 1 M 11 13 6 9 D 40 4111 6 ERC Eastern redcedar Juniperus virginiana 1 N 15 15 15 15 D 100 4112 13.2 MQ Mesquite Prosopis glandulosa 1 M 5 12 18 17 D 40 4113 7 MQ Mesquite Prosopis glandulosa 1 F 5 12 6 14 I 10 4114 9.1 MQ Mesquite Prosopis glandulosa 1 N 17 16 0 2 D 20 4115 13.7 MQ Mesquite Prosopis glandulosa 1 M 5 15 18 7 C 40 4116 9.5 MQ Mesquite Prosopis glandulosa 2 F 9 18 8 0 D 30 4117 9.2 MQ Mesquite Prosopis glandulosa 1 N 5 9 16 13 D 30 4118 8.8 MQ Mesquite Prosopis glandulosa 1 N 5 18 17 2 C 20 4119 6.2 MQ Mesquite Prosopis glandulosa 1 N 0 0 17 0 D 30 4120 11 MQ Mesquite Prosopis glandulosa 1 F 18 13 17 20 D 30 4121 7.8 MQ Mesquite Prosopis glandulosa 1 N 7 13 14 6 C 30 4122 9.9 MQ Mesquite Prosopis glandulosa 2 F 8 10 15 16 D 40 4123 8.9 MQ Mesquite Prosopis glandulosa 1 M 12 14 12 6 D 30 4124 7.6 MQ Mesquite Prosopis glandulosa 1 M 15 13 11 8 C 30 4125 10.6 MQ Mesquite Prosopis glandulosa 1 F 7 12 13 10 D 30 4126 13.3 MQ Mesquite Prosopis glandulosa 1 F 15 16 15 11 D 40 4127 6.7 MQ Mesquite Prosopis glandulosa 1 M 13 3 15 7 C 50 4128 8.5 MQ Mesquite Prosopis glandulosa 1 M 8 10 12 9 D 30 4129 7.2 MQ Mesquite Prosopis glandulosa 1 M 9 11 9 13 D 40 4130 7.1 MQ Mesquite Prosopis glandulosa 1 F 10 12 17 2 C 30 4131 6 MQ Mesquite Prosopis glandulosa 1 F 0 13 11 0 C 30 4132 6.5 MQ Mesquite Prosopis glandulosa 1 M 6 9 4 1 D 20 4133 14.5 MQ Mesquite Prosopis glandulosa 1 F 16 17 15 14 D 50 4134 6.3 MQ Mesquite Prosopis glandulosa 2 F 12 10 2 3 C 40 4135 6.7 MQ Mesquite Prosopis glandulosa 1 N 4 15 4 4 D 20 4136 6.7 MQ Mesquite Prosopis glandulosa 1 F 12 0 15 12 C 30 4137 8 MQ Mesquite Prosopis glandulosa 1 F 10 4 15 11 D 50 4138 12.1 MQ Mesquite Prosopis glandulosa 1 M 14 10 12 12 D 30 4139 14.1 MQ Mesquite Prosopis glandulosa 1 M 12 12 13 8 D 20 4140 8.8 MQ Mesquite Prosopis glandulosa 1 F 15 12 15 13 D 40 4141 7.6 MQ Mesquite Prosopis glandulosa 1 F 8 12 11 12 D 30 4142 11.6 MQ Mesquite Prosopis glandulosa 1 F 6 11 10 16 D 40 4143 7.7 MQ Mesquite Prosopis glandulosa 1 F 10 9 11 11 D 40 4144 7.6 MQ Mesquite Prosopis glandulosa 2 0 0 18 20 C 50 4145 10.1 MQ Mesquite Prosopis glandulosa 1 M 0 0 20 11 D 20 4146 6.8 MQ Mesquite Prosopis glandulosa 1 0 15 13 0 C 40 4147 14.2 MQ Mesquite Prosopis glandulosa 1 M 3 13 18 16 D 30 4148 8.1 MQ Mesquite Prosopis glandulosa 1 F 0 15 11 0 D 50 4149 7.6 MQ Mesquite Prosopis glandulosa 1 F 3 13 7 0 D 40 4150 9.8 MQ Mesquite Prosopis glandulosa 1 F 8 15 6 2 D 50 4151 7.2 MQ Mesquite Prosopis glandulosa 1 F 0 3 11 11 D 40 4152 12.9 MQ Mesquite Prosopis glandulosa 1 N 8 5 15 16 C 20 4153 7.1 MQ Mesquite Prosopis glandulosa 2 M 3 4 9 12 C 40 4154 7.1 MQ Mesquite Prosopis glandulosa 1 M 0 0 20 0 D 30 4155 8.5 MQ Mesquite Prosopis glandulosa 2 F 0 0 27 0 C 60 4156 7.2 MQ Mesquite Prosopis glandulosa 2 N 0 2 20 0 D 50 4157 11.8 MQ Mesquite Prosopis glandulosa 1 M 0 6 17 0 C 30 4158 16.2 MQ Mesquite Prosopis glandulosa 1 M 16 14 18 18 D 50 4159 6.6 MQ Mesquite Prosopis glandulosa 1 N 15 15 5 12 C 40 4160 11.2 MQ Mesquite Prosopis glandulosa 1 F 10 10 8 13 D 30 4161 10.1 MQ Mesquite Prosopis glandulosa 1 N 12 15 14 5 D 30 4162 9.8 MQ Mesquite Prosopis glandulosa 1 N 15 17 12 13 D 20 4163 7.6 MQ Mesquite Prosopis glandulosa 1 N 6 4 18 9 C 30 4164 8.7 MQ Mesquite Prosopis glandulosa 1 N 8 12 12 0 D 30 4165 14.9 MQ Mesquite Prosopis glandulosa 1 F 15 12 16 14 D 30 4166 6.3 MQ Mesquite Prosopis glandulosa 1 F 10 11 13 10 C 40 4167 16.2 MQ Mesquite Prosopis glandulosa 1 F 22 20 18 16 D 40 4168 6.5 MQ Mesquite Prosopis glandulosa 1 N 13 12 0 6 C 30 4169 14.7 MQ Mesquite Prosopis glandulosa 1 F 12 15 18 16 D 30 4170 8.8 MQ Mesquite Prosopis glandulosa 1 F 12 13 12 14 D 40 4171 6.3 MQ Mesquite Prosopis glandulosa 1 F 15 8 8 8 D 50 4172 10.6 MQ Mesquite Prosopis glandulosa 1 F 16 16 10 10 D 30 4173 6.1 MQ Mesquite Prosopis glandulosa 1 F 7 16 8 9 C 40 4174 7.1 MQ Mesquite Prosopis glandulosa 1 F 7 15 10 9 D 40 4175 8.1 MQ Mesquite Prosopis glandulosa 3 M 14 12 1 1 I 20 4176 7.3 MQ Mesquite Prosopis glandulosa 1 F 12 10 8 10 D 60 4177 7.4 MQ Mesquite Prosopis glandulosa 1 F 12 10 12 9 D 50 4178 7.4 MQ Mesquite Prosopis glandulosa 1 F 14 10 10 12 D 40 4179 11.3 MQ Mesquite Prosopis glandulosa 1 F 10 6 15 16 D 50 4180 10.2 MQ Mesquite Prosopis glandulosa 1 M 13 17 14 6 D 50 4181 7.6 MQ Mesquite Prosopis glandulosa 1 N 0 10 13 4 I 30 4182 10.1 MQ Mesquite Prosopis glandulosa 1 F 4 14 12 12 D 20 4183 13 MQ Mesquite Prosopis glandulosa 1 N 17 14 13 19 D 40 4184 9.4 MQ Mesquite Prosopis glandulosa 1 N 16 11 12 10 D 40 4185 8.1 MQ Mesquite Prosopis glandulosa 2 N 6 13 14 7 I 50 4186 12.8 MQ Mesquite Prosopis glandulosa 1 F 10 11 13 10 D 40 4187 10.6 MQ Mesquite Prosopis glandulosa 1 F 11 9 17 8 D 50 4188 15.8 MQ Mesquite Prosopis glandulosa 1 M 14 15 16 12 D 40 4189 9.6 MQ Mesquite Prosopis glandulosa 1 N 8 9 12 13 D 40 4190 15.3 MQ Mesquite Prosopis glandulosa 1 M 8 20 10 6 D 50 4191 9.9 MQ Mesquite Prosopis glandulosa 1 N 9 11 10 4 C 40 4192 16.5 MQ Mesquite Prosopis glandulosa 1 M 17 14 16 15 D 30 4193 6.1 MQ Mesquite Prosopis glandulosa 1 M 0 21 0 0 C 20 4194 9.3 MQ Mesquite Prosopis glandulosa 1 M 7 13 12 9 D 30 4195 7.2 MQ Mesquite Prosopis glandulosa 1 M 10 10 12 8 D 40 4196 8 MQ Mesquite Prosopis glandulosa 1 M 15 10 10 8 D 50 4197 6.2 MQ Mesquite Prosopis glandulosa 1 M 10 6 5 5 C 30 4198 6.1 MQ Mesquite Prosopis glandulosa 1 F 6 11 10 0 C 40 4199 10.4 MQ Mesquite Prosopis glandulosa 1 M 13 11 10 11 D 30 4200 8.4 MQ Mesquite Prosopis glandulosa 1 M 4 13 12 12 D 40 4201 6.1 MQ Mesquite Prosopis glandulosa 2 F 8 6 12 4 C 20 4202 6 MQ Mesquite Prosopis glandulosa 2 F 4 6 10 2 I 20 4203 8.2 MQ Mesquite Prosopis glandulosa 1 F 8 14 10 10 D 30 4204 6.7 MQ Mesquite Prosopis glandulosa 1 M 15 5 11 9 C 30 4205 8 MQ Mesquite Prosopis glandulosa 1 F 10 9 6 5 D 30 4206 6.3 MQ Mesquite Prosopis glandulosa 1 F 5 3 12 6 D 20 4207 14.9 MQ Mesquite Prosopis glandulosa 1 M 10 16 14 9 D 30 4208 12.6 MQ Mesquite Prosopis glandulosa 1 M 11 13 13 8 D 30 4209 7.5 MQ Mesquite Prosopis glandulosa 2 M 12 7 11 13 D 40 4210 7.3 MQ Mesquite Prosopis glandulosa 1 M 11 11 2 9 D 50 4211 6.2 MQ Mesquite Prosopis glandulosa 1 F 8 8 4 10 D 40 4212 7.4 MQ Mesquite Prosopis glandulosa 1 F 8 12 7 6 D 40 4213 8.5 MQ Mesquite Prosopis glandulosa 1 F 11 8 6 12 D 50 4214 6.7 MQ Mesquite Prosopis glandulosa 1 N 12 12 7 4 D 50 4215 9.2 MQ Mesquite Prosopis glandulosa 1 M 11 12 8 15 D 40 4216 6.1 MQ Mesquite Prosopis glandulosa 1 F 0 7 12 0 C 40 4217 10.2 MQ Mesquite Prosopis glandulosa 1 F 14 16 17 12 D 30 4218 6.4 MQ Mesquite Prosopis glandulosa 1 F 10 8 9 11 D 30 4219 8.4 MQ Mesquite Prosopis glandulosa 1 F 12 10 10 9 D 20 4220 7.9 MQ Mesquite Prosopis glandulosa 1 N 11 8 8 3 D 30 4221 7.7 MQ Mesquite Prosopis glandulosa 1 M 10 9 9 5 D 40 4222 7.6 MQ Mesquite Prosopis glandulosa 1 F 16 10 8 7 D 50 4223 7.7 MQ Mesquite Prosopis glandulosa 1 N 11 15 4 6 D 50 4224 6.6 MQ Mesquite Prosopis glandulosa 1 F 15 9 5 6 D 40 4225 6.6 MQ Mesquite Prosopis glandulosa 1 M 8 7 11 8 D 40 4226 10.3 MQ Mesquite Prosopis glandulosa 1 M 15 14 13 6 D 50 4227 8 MQ Mesquite Prosopis glandulosa 1 M 6 15 12 5 D 30 4228 7.7 MQ Mesquite Prosopis glandulosa 1 F 0 13 13 6 D 50 4229 7.5 MQ Mesquite Prosopis glandulosa 1 F 8 12 12 5 D 40 4230 12.9 MQ Mesquite Prosopis glandulosa 1 M 8 14 13 10 D 30 4231 9 MQ Mesquite Prosopis glandulosa 1 F 15 5 13 12 D 20 4232 7.9 MQ Mesquite Prosopis glandulosa 1 F 8 14 12 1 C 30 4233 12.4 MQ Mesquite Prosopis glandulosa 1 M 15 18 3 2 D 20 4234 11.4 MQ Mesquite Prosopis glandulosa 1 F 13 12 15 14 D 40 4235 8.9 MQ Mesquite Prosopis glandulosa 1 N 14 17 0 0 C 30 4236 7.9 MQ Mesquite Prosopis glandulosa 1 N 6 13 10 10 C 30 4237 9.8 MQ Mesquite Prosopis glandulosa 1 F 10 12 12 13 D 30 4238 8.5 MQ Mesquite Prosopis glandulosa 1 N 13 5 12 9 D 20 4239 6 MQ Mesquite Prosopis glandulosa 1 M 8 6 8 9 D 30 4240 6.1 MQ Mesquite Prosopis glandulosa 1 F 12 10 1 10 D 40 4241 14.1 MQ Mesquite Prosopis glandulosa 1 F 9 8 18 14 D 30 4242 7.1 MQ Mesquite Prosopis glandulosa 1 F 8 15 12 7 D 30 4243 6.5 MQ Mesquite Prosopis glandulosa 1 F 3 8 15 4 D 40 4244 7.8 MQ Mesquite Prosopis glandulosa 1 M 11 8 15 8 D 40 4245 7.4 MQ Mesquite Prosopis glandulosa 1 F 0 0 17 12 D 30 4246 7.7 MQ Mesquite Prosopis glandulosa 1 M 6 7 12 8 C 20 4247 6.2 MQ Mesquite Prosopis glandulosa 1 M 12 9 5 5 C 30 4248 8.7 MQ Mesquite Prosopis glandulosa 1 F 8 11 11 14 D 50 4249 6 MQ Mesquite Prosopis glandulosa 1 F 12 1 11 4 C 40 4250 8.2 MQ Mesquite Prosopis glandulosa 1 F 7 13 8 0 D 50 4251 19 MQ Mesquite Prosopis glandulosa 1 F 15 15 16 18 D 30 4252 8 MQ Mesquite Prosopis glandulosa 1 M 16 6 0 12 D 40 4253 6.7 MQ Mesquite Prosopis glandulosa 1 N 3 12 10 4 D 40 4254 11.2 MQ Mesquite Prosopis glandulosa 1 F 14 15 12 10 D 40 4255 10.6 MQ Mesquite Prosopis glandulosa 1 F 15 8 13 10 D 40 4256 7.7 MQ Mesquite Prosopis glandulosa 1 N 0 15 12 0 C 30 4257 6 MQ Mesquite Prosopis glandulosa 1 N 16 6 0 10 D 40 4258 11.3 LO Live oak Quercus virginiana 1 N 12 15 12 15 D 50 4259 9.9 LO Live oak Quercus virginiana 1 N 8 12 13 12 D 40 4260 13.4 LO Live oak Quercus virginiana 1 N 13 12 13 13 D 40 4261 13.5 SHO Shumard oak Quercus shumardii 1 N 13 14 13 15 D 50 4262 11 LO Live oak Quercus virginiana 1 N 15 13 12 12 D 40 4263 6.3 MQ Mesquite Prosopis glandulosa 1 F 5 14 11 5 D 70 4264 6.4 AE American elm Ulmus americana 1 N 6 6 6 6 C 90 4265 6.4 AE American elm Ulmus americana 1 N 5 9 12 8 C 80 4266 6.7 AE American elm Ulmus americana 1 N 7 10 8 12 C 70 4267 10.7 AE American elm Ulmus americana 1 N 13 4 3 6 C 80 4268 11.3 AE American elm Ulmus americana 1 F 11 2 12 13 C 80 4269 6.5 ERC Eastern redcedar Juniperus virginiana 1 N 13 13 13 13 D 100 4270 9.2 BP Bradford pear Pyrus calleryana 1 N 17 17 20 17 D 100 4271 9.5 GB Gum bumelia Bumelia lanuginosa 1 M 8 8 10 5 C 80 4272 8.1 BP Bradford pear Pyrus calleryana 1 M 6 6 7 6 D 100 4273 8.2 CM Crepe myrtle Lagerstroemia indica 1 M 5 5 5 5 C 30 4274 6.5 CM Crepe myrtle Lagerstroemia indica 1 M 6 6 5 5 C 30 4275 7.9 CM Crepe myrtle Lagerstroemia indica 1 M 8 7 6 7 C 30 4276 8.1 CM Crepe myrtle Lagerstroemia indica 1 M 9 7 6 8 C 30 TAG #DBH SPECIES CODE COMMON NAME SCIENTIFIC NAME CROWN CLASS % LIVE CROWN TAG #DBH SPECIES CODE COMMON NAME SCIENTIFIC NAME CROWN CLASS % LIVE CROWN TAG #DBH SPECIES CODE COMMON NAME SCIENTIFIC NAME CROWN CLASS % LIVE CROWN TREE TABLE CONDITION*M/S**CANOPY N*** CANOPY E*** CANOPY S*** CANOPY W***CONDITION*M/S**CANOPY N*** CANOPY E*** CANOPY S*** CANOPY W***CONDITION*M/S**CANOPY N*** CANOPY E*** CANOPY S*** CANOPY W*** *CONDITION HEALTHY=1, DECLINING=2, HAZARD=3 **M/S (STEM CONDITION) N=SINGLE STEM, F=FORKED STEM, M=MULTIPLE STEMMED ***CANOPY POINTS MEASURED IN FEET CoppellLandscapeCodeInteriorLandscape:RequiredProvidedMinimumof10%ofthegrossnonexemptareautilizedforoffstreetparkingandloadingdevotedtolivinglandscapeGrossArea=243,798SF(GrossArea:areafromedgeofparking,loadingand/ordrivewaypavementincludingadjacentsidewalks)LandscapeArea:24,380SF24,380SFMinimum1tree/400SFrequiredinteriorlandscapearea61trees74treesTotalnumberofplantingislandsshallbeanamountwhichisnolessthan12%oftotalnumbernon-exemptparkingspaces33parkingislands34parkingislandsEachparkingislandmustcontainatleastonetree33trees34treesPerimeterLandscape:Landscapebufferrequiredalongallpropertylines-mustbe30"inheightattimeofplanting35,501SF761shrubs35,501SF761shrubsAllotheroff-streetvehicularuseareas,includingdrivewaypavementandparking,shallbeseparatedfrompublicstreetright-of-waybyaperimeterlandscapeareaofatleast15'inwidth1,416LF422shrubs1,416LF422shrubsAlldrivewaysandvehicularuseareasshallbeseparatedfromotherpropertybyaperimeterlandscapeareaofatleast10'inwidth1,423LF339shrubs1,423LF339shrubsTheperimeterlandscapingshallcontainatleast1treeper50linearfeetofperimeterlandscape57trees62treesNon-VehicularOpenSpaceLandscape:Areadevotedtolandscapingshallequalatleast15%ofthatportionofthelotnotcoveredbyabuildingorbuildings.(Notlessthan50%ofthefeaturelandscapingshallbelocatedintherequiredfrontyard.)Non-vehicularopenspace:53,106SF78,165SFGrass,groundcover,shrubs,orotherlandscapematerialsshallbeusedtocoverallopengroundwithin20'ofanybuildingorpaving.YesYes1treerequiredforevery2,500SFofnon-vehicularopenspace21trees85trees(56Proposed+29TreeCredit)SummaryofLandscape:TotalLandscapeAreas:77,486SF105,384SFTotalTrees:139Trees221Trees(192Proposed+29TreeCredit)BY DATE AS SHOWN REVISIONSNo.DATESHEETNUMBERCHECKED BY SCALE DESIGNED BY DRAWN BY KHA PROJECT © 2013 KIMLEY-HORN AND ASSOCIATES, INC. AMBERPOINT DISTRIBUTION CENTER PREPARED FOR LIBERTY PROPERTY TRUST TXCOPPELL OCTOBER 2013 KAU KAU JAF LANDSCAPE PLANL-01ExistingTreeLegend:Symbol:Quantity:Description:17treesProtectedTreetoRemain87treesProtectedTreetobeRemovedEXISTINGANDPROTECTEDTREETOREMAIN(TYP)TREEPROTECTION(TYP):PROVIDESTONERETAININGWALL,REFERENCECITYOFCOPPELLTREEPROTECTIONRETAININGWALLDETAILTREEPROTECTION(TYP):PROVIDESTONERETAININGWALL,REFERENCECITYOFCOPPELLTREEPROTECTIONRETAININGWALLDETAIL8.1"CRAPEMYRTLE7.9"CRAPEMYRTLE6.5"CRAPEMYRTLE8.2"CRAPEMYRTLE12.3"HACKBERRY17"HACKBERRY10.1"HACKBERRY8.3"OSAGEORANGE(FEMALE)11.3"LIVEOAK13.4"LIVEOAK13.5"SHUMARDOAK(AdjacentProperty)11"LIVEOAK(AdjacentProperty)13.8POSTOAK28.5"POSTOAK11.4"POSTOAK11"AMERICANELM18.8"POSTOAK22.8"POSTOAK11"LIVEOAKLIVINGSCREEN,6'HT.MIN.ATPLANTINGMONUMENTSIGN,REF.ARCH.PLANS BY DATE AS SHOWN REVISIONSNo.DATESHEETNUMBERCHECKED BY SCALE DESIGNED BY DRAWN BY KHA PROJECT © 2013 KIMLEY-HORN AND ASSOCIATES, INC. AMBERPOINT DISTRIBUTION CENTER PREPARED FOR LIBERTY PROPERTY TRUST TXCOPPELL OCTOBER 2013 KAU KAU JAF LANDSCAPE DETAILSL-02PLANTSCHEDULESYMBOLKEYQNTY.SCIENTIFICNAMECOMMONNAMESPECIFICATIONSOVERSTORYTREESQV46QuercusvirginianaLIVEOAK4"calipermin.,10'-12'ht.min.,singlestraighttrunk,fullbranchingQS19QuercusshumardiiSHUMARDREDOAK4"calipermin.,10'-12'ht.min.,singlestraighttrunk,fullbranchingTD17TaxodiumdistichumBALDCYPRESS4"calipermin.,10'-12'ht.min.,singlestraighttrunk,fullbranchingPC22PistaciachinensisCHINESEPISTACHE4"calipermin.,10'-12'ht.min.,singlestraighttrunk,fullbranchingMG14MagnoliagrandifloraSOUTHERNMAGNOLIA4"calipermin.,10'-12'ht.min.,singlestraighttrunk,fullbranchingPN11PinusnigraAUSTRIANPINE4"calipermin.,10'-12'ht.min.,singlestraighttrunk,fullbranchingPT12PinustaedaLOBLOLLYPINE4"calipermin.,10'-12'ht.min.,singlestraighttrunk,fullbranchingPM37PrunusmexicanaMEXICANPLUM4"calipermin.,10'ht.min.,singlestraighttrunk,fullbranchingCC14CerciscanadensisEASTERNREDBUD4"calipermin.,10'ht.min.,singlestraighttrunk,fullbranchingACCENTTREESANDSHRUBSCL94CupressocyparisleylandiiLEYLANDCYPRESS4'-6'ht.min.x3'w.,15galmin.,5'spacingmin.,fullandmatchingVS90Viburnumspp.VIBURNUM4'-6'ht.min.x3'w.,15galmin.,5'spacingmin.,fullandmatchingIH81IlexhybridNELLIER.STEVENSHOLLY4'-6'ht.min.x3'w.,15galmin.,5'spacingmin.,fullandmatchingEJ71Euonymusjaponica'Aureo-marginata'GOLDENEUONYMUS30"ht.min.x18"w.,5galmin.,36"spacing,fullandmatchingAS114Abeliaspp.ABELIA30"ht.min.x19"w.,5galmin.,36"spacingmin.,fullandmatchingND91Nandinadomestica'Harbourdwarf'HARBOURDWARFNANDINA30"ht.min.x18"w.,5galmin.,36"spacingmin.,fullandmatchingJC62Juniperuschinensis'SeaGreen'SEAGREENJUNIPER30"ht.min.x18"w.,5galmin.,36"spacingmin.,fullandmatchingLF291LeucophyllumfrutescensTEXASSAGE30"ht.min.x18"w.,5galmin.,36"spacingmin.,fullandmatchingSS85Spiraeaspp.SPIREA30"ht.min.x18"w.,5galmin.,36"spacingmin.,fullandmatchingBT81Berberisthunbergii'AtropurpureaNana'CRIMSONPYGMYBARBERRY30"ht.min.x18"w.,5galmin.,36"spacingmin.,fullandmatchingOJ746OphiopogonjaponicusMONDOGRASS12"ht.,3gal.min.,24"O.C.,fullandmatchingCH432ChasmanthiumlatifoliumINLANDSEAOATS12"ht.,3gal.min.,24"O.C.,fullandmatchingLB412Pennisetum'LittleBunny'LITTLEBUNNY12"ht.,3gal.min.,24"O.C.,fullandmatchingTA2,894TrachelospermumasiaticumASIANJASMINE1gal.potmin.,24"O.C.,fullandmatchingSEED77,992SFCynodondactylonCOMMONBERMUDASEEDSeedatarateof1lb.to1,000SF. BYDATEASSHOWNREVISIONSNo.DATESHEET NUMBER CHECKEDBYSCALEDESIGNEDBYDRAWNBYKHAPROJECT©2013KIMLEY-HORNANDASSOCIATES,INC.AMBERPOINTDISTRIBUTIONCENTERPREPAREDFORLIBERTYPROPERTYTRUSTTXCOPPELLOCTOBER2013KAUKAUJAFTREEPRESERVATIONPLANL-03 Existing Tree Legend: Symbol:Quantity:Description: 17 trees Protected Tree to Remain 87 trees Protected Tree to be Removed 284 trees Unprotected Tree Determination of Retribution Credits Non-Residential Properties GROSS RETRIBUTION 1,079.3 inches (DBH) minus (-) PRESERVATION CREDIT:215.8 inches (DBH) Trees Preserved on Site divided by (˚) Total Trees on Site 1,295.1 inches (DBH) equals (=) Preservation Percentage 16.5 % times (x) Gross Retribution equals (=)178 inches (DBH) PRESERVATION CREDIT 178 inches (DBH) minus (-) LANDSCAPING CREDIT 585 inches (DBH) equals (=) NET RETRIBUTION 316 inches (DBH) times (x) $100.00 x $100.00 equals (=) CONTRIBUTION to CITY OF COPPELL REFORESTATION and NATURAL AREAS FUND $31,600 Tree Chart ID Common Name DBH Status 3888 POST OAK 22.8"TO REMAIN 3897 AMERICAN ELM 11"TO REMAIN 3898 POST OAK 18.8"TO REMAIN 3901 POST OAK 28.5"TO REMAIN 3903 POST OAK 11.4"TO REMAIN 3904 POST OAK 13.8"TO REMAIN 4025 HACKBERRY 17"TO REMAIN 4026 HACKBERRY 12.3"TO REMAIN 4027 OSAGE ORANGE 8.3"TO REMAIN 4028 MESQUITE 10.1"TO REMAIN 4258 LIVE OAK 11.3"TO REMAIN 4260 LIVE OAK 13.4"TO REMAIN 4264 AMERICAN ELM 6.4"TO REMAIN 4273 CRAPE MYRTLE 8.2"TO REMAIN 4274 CRAPE MYRTLE 6.5"TO REMAIN 4275 CRAPE MYRTLE 7.9"TO REMAIN 4276 CRAPE MYRTLE 8.1"TO REMAIN TREE PROTECTION (TYP): PROVIDE STONE RETAINING WALL, REFERENCE CITY OF COPPELL TREE PROTECTION RETAINING WALL DETAIL TREE PROTECTION (TYP): PROVIDE STONE RETAINING WALL, REFERENCE CITY OF COPPELL TREE PROTECTION RETAINING WALL DETAIL BYDATEASSHOWNREVISIONSNo.DATESHEET NUMBER CHECKEDBYSCALEDESIGNEDBYDRAWNBYKHAPROJECT©2013KIMLEY-HORNANDASSOCIATES,INC.AMBERPOINTDISTRIBUTIONCENTERPREPAREDFORLIBERTYPROPERTYTRUSTTXCOPPELLOCTOBER2013KAUKAUJAFTREEPRESERVATIONDETAILSL-04 Tree Chart ID Common Name DBH Status 3888 POST OAK 22.8"TO REMAIN 3889 POST OAK 7.5" TO BE REMOVED 3890 POST OAK 14.7" TO BE REMOVED 3897 AMERICAN ELM 11"TO REMAIN 3898 POST OAK 18.8"TO REMAIN 3901 POST OAK 28.5"TO REMAIN 3903 POST OAK 11.4"TO REMAIN 3904 POST OAK 13.8"TO REMAIN 3905 POST OAK 14.8" TO BE REMOVED 3906 POST OAK 14.8" TO BE REMOVED 3908 POST OAK 10.2" TO BE REMOVED 3909 POST OAK 12.6" TO BE REMOVED 3910 POST OAK 13.6" TO BE REMOVED 3911 POST OAK 25.1" TO BE REMOVED 3913 POST OAK 10" TO BE REMOVED 3914 POST OAK 16.1" TO BE REMOVED 3917 POST OAK 10.1" TO BE REMOVED 3918 POST OAK 7.2" TO BE REMOVED 3919 POST OAK 7.6" TO BE REMOVED 3920 POST OAK 10.9" TO BE REMOVED 3921 POST OAK 15.9" TO BE REMOVED 3922 POST OAK 15" TO BE REMOVED 3923 POST OAK 19.1" TO BE REMOVED 3924 POST OAK 9.7" TO BE REMOVED 3925 AMERICAN ELM 6.3" TO BE REMOVED 3926 POST OAK 20.1" TO BE REMOVED 3927 POST OAK 11.4" TO BE REMOVED 3928 POST OAK 19" TO BE REMOVED 3929 POST OAK 31.3" TO BE REMOVED 3930 POST OAK 8.2" TO BE REMOVED 3931 POST OAK 23.2" TO BE REMOVED 3932 POST OAK 7"TO BE REMOVED 3933 POST OAK 9.1" TO BE REMOVED 3934 POST OAK 17.6" TO BE REMOVED 3937 POST OAK 6.2" TO BE REMOVED 3938 POST OAK 11.8" TO BE REMOVED 3939 POST OAK 8.6" TO BE REMOVED 3940 POST OAK 8.2" TO BE REMOVED 3941 POST OAK 6.1" TO BE REMOVED 3942 AMERICAN ELM 9.9" TO BE REMOVED 3946 POST OAK 7.4" TO BE REMOVED 3948 POST OAK 32.4" TO BE REMOVED 3949 POST OAK 11.9" TO BE REMOVED 3950 POST OAK 10.2" TO BE REMOVED 3951 POST OAK 14.6" TO BE REMOVED 3952 POST OAK 14.1" TO BE REMOVED 3953 POST OAK 16.5" TO BE REMOVED 3999 HERCULES CLUB 8.3" TO BE REMOVED 4000 HACKBERRY 13" TO BE REMOVED 4001 MESQUITE 16.5"TO BE REMOVED 4025 HACKBERRY 17"TO REMAIN 4026 HACKBERRY 12.3"TO REMAIN 4027 OSAGE-ORANGE 8.3"TO REMAIN 4028 MESQUITE 10.1"TO REMAIN 4031 MESQUITE 11.4" TO BE REMOVED 4097 MESQUITE 10.4" TO BE REMOVED 4139 MESQUITE 14.1" TO BE REMOVED 4142 MESQUITE 11.6" TO BE REMOVED 4145 MESQUITE 10.1" TO BE REMOVED 4147 MESQUITE 14.2" TO BE REMOVED 4152 MESQUITE 12.9" TO BE REMOVED 4157 MESQUITE 11.8" TO BE REMOVED 4158 MESQUITE 16.2" TO BE REMOVED 4160 MESQUITE 11.2" TO BE REMOVED 4161 MESQUITE 10.1" TO BE REMOVED 4165 MESQUITE 14.9" TO BE REMOVED 4167 MESQUITE 16.2" TO BE REMOVED 4169 MESQUITE 14.7" TO BE REMOVED 4172 MESQUITE 10.6" TO BE REMOVED 4179 MESQUITE 11.3" TO BE REMOVED 4180 MESQUITE 10.2" TO BE REMOVED 4182 MESQUITE 10.1" TO BE REMOVED Tree Chart ID Common Name DBH Status 4183 MESQUITE 13"TO BE REMOVED 4186 MESQUITE 12.8"TO BE REMOVED 4187 MESQUITE 10.6"TO BE REMOVED 4190 MESQUITE 15.3"TO BE REMOVED 4192 MESQUITE 16.5"TO BE REMOVED 4207 MESQUITE 14.9"TO BE REMOVED 4217 MESQUITE 10.2"TO BE REMOVED 4226 MESQUITE 10.3"TO BE REMOVED 4230 MESQUITE 12.9"TO BE REMOVED 4233 MESQUITE 12.4"TO BE REMOVED 4234 MESQUITE 11.4"TO BE REMOVED 4241 MESQUITE 14.1"TO BE REMOVED 4251 MESQUITE 19"TO BE REMOVED 4254 MESQUITE 11.2"TO BE REMOVED 4255 MESQUITE 10.6"TO BE REMOVED 4258 LIVE OAK 11.3"TO REMAIN 4259 LIVE OAK 9.9"TO BE REMOVED 4260 LIVE OAK 13.4"TO REMAIN 4264 AMERICAN ELM 6.4"TO REMAIN 4265 AMERICAN ELM 6.4"TO BE REMOVED 4266 AMERICAN ELM 6.7"TO BE REMOVED 4267 AMERICAN ELM 10.7"TO BE REMOVED 4268 AMERICAN ELM 11.3"TO BE REMOVED 4269 EASTERN REDCEDAR 6.5"TO BE REMOVED 4270 CALLERY PEAR 9.2"TO BE REMOVED 4271 GUM BUMELIA 9.5"TO BE REMOVED 4272 CALLERY PEAR 8.1"TO BE REMOVED 4273 CRAPE MYRTLE 8.2"TO REMAIN 4274 CRAPE MYRTLE 6.5"TO REMAIN 4275 CRAPE MYRTLE 7.9"TO REMAIN 4276 CRAPE MYRTLE 8.1"TO REMAIN Total to Remain: INCHES: 17 Trees (215.8") Total to be Removed: INCHES: 87 Trees (1,079.30") Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1385 File ID: Type: Status: 2013-1385 Agenda Item Passed 1Version: Reference: In Control: Engineering 12/02/2013File Created: 12/10/2013Final Action: Street & Alley ContractFile Name: Title: Consider approval to award a bid to F & F Concrete, LLC, to perform annual street and alley maintenance program, in the amount of $425,000.00 through an interlocal cooperative purchase agreement with the Town of Flower Mound; and, authorizing the City Manager to sign and execute any necessary documents. Notes: Agenda Date: 12/10/2013 Agenda Number: F. Sponsors: Enactment Date: Street & Alley Award Memo.pdf, City of Coppell - Letter of acceptance.pdf, Contract for Services - Executed.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 12/10/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Consent Agenda Items A-G. The motion passed by an unanimous vote. Action Text: Text of Legislative File 2013-1385 Title Consider approval to award a bid to F & F Concrete, LLC, to perform annual street and alley maintenance program, in the amount of $425,000.00 through an interlocal cooperative purchase agreement with the Town of Flower Mound; and, authorizing the City Manager to sign and execute any necessary documents. Summary Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1385) Fiscal Impact: Funds have been budgeted in the Infrastructure Maintenance Fund for this program. Staff Recommendation: The Engineering Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: December 10, 2013 Reference: Annual Street and Alley Repair Program 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities Introduction: This agenda item is being presented for approval to award a bid to F & F Concrete, LLC, to perform annual street and alley maintenance program, in the amount of $425,000.00 through an interlocal cooperative purchase agreement with the Town of Flower Mound; and, authorizing the City Manager to sign and execute any necessary documents. Analysis: The city budgets money every year for concrete sidewalk, curb, alley, and street pavement replacement in the Infrastructure Maintenance Fund. The available funds for street and alley repair for fiscal year 2013-2014 is $425,000.00. This work typically consists of replacement of cracked and broken concrete panels. This would be the permanent repair made to potholes. The city last bid the street and alley repair contract in May 2010. This project was set up as a renewable contract, and we recently completed the last renewal under that contract. As we began preparing to rebid this work, it came to our attention that F & F Concrete was currently under contract with the Town of Flower Mound for similar concrete repair work. F & F had been the second low bidder in May 2010 when we most recently bid this type of work. We interviewed F & F Concrete to determine if they were capable, willing and able to perform the work we have planned for repairs this year. We also visited with the Flower Mound Public Works staff to determine their experience with this firm. After those meetings, it was determined that F & F Concrete is capable, willing and able to perform this work for the City of Coppell. Texas Local Government Code, Section 271.102 authorizes local governments to enter into agreements to share contract pricing with each other provided the vendor consents to the agreement. In this case F & F Concrete has provided the attached letter agreeing to extend the contract pricing provided under the Flower Mound contract to the City of Coppell. Since the Flower Mound 2 contract was awarded through a competitive bid process, and the pricing is consistent with what we see in the market place, we believe this is the best approach for awarding this year’s annual repair contract. Legal Review: The Purchasing Department has reviewed the documents and determined that this is an appropriate method of contracting with this firm. Fiscal Impact: The fiscal impact of this Agenda item is $425,000.00 Recommendation: The Engineering Department recommends approval of this contract with F & F Concrete, LLC in the amount of $425,000.00. F &F Concrete,LLC 1222 Montclair Drive Garland,Texas 75040 Phone:(972)202-9202 Fax:(972)840-9793 September 19,2013 Keith Marvin,P.E. City of Coppell P.O.Box 9478 Coppell,Texas 75019 Dear Keith: We agree to extend the pricing of the awarded contract Miscellaneous Concrete Replacement Services Bid No.2013-33-A,The Town of Flower Mound to the City of Coppell for the Annual Street and Alley repair contract for the fiscal year of2013/2014 beginning in October and any additional services for the city of Coppell may request during the contract course. Weare looking forward to working with the City of Coppell over the next year. Sincerely, rJ-4f1//ft:'Cl ~d"/'pl)? Francisco Fabian Owner CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity, By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed.See Section 176.006,Local Government Code. A person commits an offense if the person violates Section 176.006,Local Government Code.An offense under this section is a Class C misdemeanor, 1 I Name of person doing business with local governmental entity. F&F Concrete,LLC 2 o Check this box if you are filing an update to a previously filed questionnaire. FORM CIQ OFFICE USE ONLY Date Received (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176,006(a),Local Government Code,is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate,) 3 I Name each employee or contractor of the local governmental entity who makes recommendations to a local government officer of the governmental entity with respect to expenditures of money AND describe the affiliation or business relationship. None 4 I Name each local government officer who appoints or employs local government officers of the governmental entity for which this questionnaire is filed AND describe the affiliation or business relationship. None Adopted 11/02/2005 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity FORM CIQ Page 2 5 Name of local government officer with whom filer has affiliation or business relationship.(Complete this section only if the answer to A,B,or C is YES. This section,item 5 including subparts A,B,C &D,must be completed for each officer with whom the filer has affiliation or other relationship.Attach additional pages to this Form CIQ as necessary. A.Is the local government officft{'named in this section receiving or likely to receive taxable income from the filer of thequestionnaire?0 Yes 0 No B.Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the l~al....QOvernmentofficernamedinthissectionANDthetaxableincomeisnotfromthelocalgovernmentalentity?0 Yes I..J""No C.Is the filer of this questionnaire affiliated with a corporation or other business entity jI:Yc:ft the local government officer servesasanofficerordirector,or holds an ownership of 10 percent or more?0 Yes EJ No D.Describe each affiliation or business relationship. None 6 ,1'lt'/J1/lf ct?~4)/ern Signature of person doing business with the governmental entity 0/-J.if-/3' Date Adopted 11/02/2005 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1387 File ID: Type: Status: 2013-1387 Agenda Item Passed 1Version: Reference: In Control: Engineering 12/02/2013File Created: 12/10/2013Final Action: Villawood OrdinanceFile Name: Title: Consider approval of an ordinance amending Article 8-3, Parking, Section 8-3-1(A) of the Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park a vehicle at all times on an additional portion of Villawood Lane; and authorizing the City Manager to sign and execute any necessary documents. Notes: Agenda Date: 12/10/2013 Agenda Number: G. Sponsors: Enactment Date: Villawood Lane Memo.pdf, Villawood Lane No Parking.pdf, ORD Amending Ch 8 Article 8-3 Parking.pdf Attachments: Enactment Number: 2013-1364 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 12/10/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Consent Agenda Items A-G. The motion passed by an unanimous vote. Action Text: Text of Legislative File 2013-1387 Title Consider approval of an ordinance amending Article 8-3, Parking, Section 8-3-1(A) of the Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park a vehicle at all times on an additional portion of Villawood Lane; and authorizing the City Manager to sign and execute any necessary documents. Summary Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1387) Fiscal Impact: Staff Recommendation: The Engineering Department recommends the approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: December 10, 2013 Reference: Villawood Lane - No Parking 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities Introduction: This agenda item is being presented for approval of an ordinance amending Article 8-3, Parking, Section 8-3-1(A) of the Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park a vehicle at all times on an additional portion of Villawood Lane; and authorizing the City Manager to sign and execute any necessary documents. The initial request for no parking was made by an adjacent property owner; however, the City did contact the affected property owners and they did not offer any objections. Analysis: When cars park on the south side of Villawood Lane, large vehicles like refuse trucks are unable to turn into and out of the alley to the north without leaving the paved surface of the alley. The City has tried adding additional alley pavement but the problem still persists. It is our opinion that restricting parking in the referenced area on the south side of Villawood Lane will provide large vehicles adequate space to maneuver the turning movements without leaving the paved surface. Legal Review: Bob Hager reviewed a draft no parking ordinance on 11/21/2013. Fiscal Impact: The cost to install two (2) no parking signs is approximately $220. Recommendation: The Engineering Department recommends the approval of the no parking ordinance. Proposed No Parking Villawood Lane Northlake Woodlands East Ph 1 Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg \VILLAWOOD LN NO PKG Created on: 19 November 2013 by Scott Latta 1/2 1/2 1 1 INCH = FT. 0 100 100 50 Proposed No Parking Villawood Lane Northlake Woodlands East Ph 1 Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg \VILLAWOOD LN NO PKG Created on: 19 November 2013 by Scott Latta 2/2 AREA OF PROPOSED NO PARKING, STANDING OR STOPPING TM 63677 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER, TRAFFIC REGULATIONS, ARTICLE 8-3, PARKING SECTION 8-3-1(A) OF THE CODE OF ORDINANCES; BY ADDING A SUBSECTION TO MAKE IT UNLAWFUL TO STOP, STAND, OR PARK A VEHICLE AT ALL TIMES ON AN ADDITIONAL PORTION OF VILLAWOOD LANE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 8-3-1(A) of Chapter 8, Traffic Regulations, Article 8-3, Parking, of the Code of Ordinances be, and the same is hereby, amended to provide for a no parking zone on Villawood Lane to read as follows:“ARTICLE 8-3. PARKING Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL ZONES/SCHOOL AREAS A. No parking on specific streets. It shall be unlawful for any person to stop, stand or park a vehicle at any time in violation of any official sign, curb marking, or street marking that prohibits, regulates, or restricts the stopping, standing or parking of a vehicle at the times designated for the following street: ….. VILLAGE DRIVE ….. VILLAWOOD LANE on the north side between Moore Road and Mockingbird Lane at all times; and, on the south side, from its intersection of Moore Road eastward for a distance of 125 feet, at all times. TM 63677 2 WEST TOWN CENTER DRIVE ….. …..” SECTION 2. The traffic engineer shall erect official signs, curb markings, or street markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations designated herein. SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. TM 63677 3 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2013. APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ TM 63677 4 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER, TRAFFIC REGULATIONS, ARTICLE 8-3, PARKING SECTION 8-3-1(A) OF THE CODE OF ORDINANCES; BY ADDING A SUBSECTION TO MAKE IT UNLAWFUL TO STOP, STAND, OR PARK A VEHICLE AT ALL TIMES ON AN ADDITIONAL PORTION OF VILLAWOOD LANE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2013. APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1361 File ID: Type: Status: 2013-1361 Agenda Item Passed 1Version: Reference: In Control: Planning 11/26/2013File Created: 12/10/2013Final Action: Fire Station No. 1, Lots 1R1 & 1R2, Blk 1, RPFile Name: Title: PUBLIC HEARING: Consider approval of the Fire Station No. 1, Lots 1R1 & 1R2, Block 1, Replat, being a replat of Lot 1, Block 1, into two lots (500 Southwestern Boulevard), containing 3.53 acres of property, located at the northwest corner of S. Coppell Road and Southwestern Boulevard. Notes: Agenda Date: 12/10/2013 Agenda Number: 10. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Replat.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 12/10/2013City Council Agenda Items 10-12 were considered together. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Wes Mays, seconded by Councilmember Gary Roden, to close the Public Hearing and approve Agenda Items 10-12 subject to the following conditions: Prior to obtaining the platting signatures, there may be additional easements or adjustments to those shown upon further engineering review. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1361) Text of Legislative File 2013-1361 Title PUBLIC HEARING: Consider approval of the Fire Station No. 1, Lots 1R1 & 1R2, Block 1, Replat, being a replat of Lot 1, Block 1, into two lots (500 Southwestern Boulevard ), containing 3.53 acres of property, located at the northwest corner of S. Coppell Road and Southwestern Boulevard. Summary The following P&Z condition remains outstanding: 1.Prior to obtaining the platting signatures, there may be additional easements or adjustments to those shown upon further engineering review. Staff Recommendation: On November 21, 2013, The Planning Commission unanimously recommended approval of this REPLAT (6-0) subject to the above -stated condition. Commissioners Goodale, Robinson, Haas, Sangerhausen, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: December 10, 2013 Reference: Fire Station No. 1, Lots 1R1 & 1R2, Block 1, Replat, replatting the existing lot into two lots, containing 3.53 acres of property, located at the northwest corner of S. Coppell Road and Southwestern Boulevard 2030: Sustainable City Government Introduction: A replat of Lot 1, Block 1, into two lots for the purpose of selling the Fire Administration Building at 500 Southwestern Boulevard. Analysis: On November 21, 2013 the Planning Commission unanimously recommended approval of this replat, subject to the condition that prior to obtaining the platting signatures, there may be additional easements or adjustments to those shown upon further engineering review. Legal Review: This item did not require City Attorney Review Fiscal Impact: None Recommendation: The Planning Department recommends approval Attachments: Staff Report and Replat 1 ITEM # 4 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Fire Station No. 1, Lots 1R1 & 1R2, Block 1, Replat P&Z HEARING DATE: November 21, 2013 C.C. HEARING DATE: December 10, 2013 STAFF REP.: Matt Steer, City Planner LOCATION: NWC of S. Coppell Road and Southwestern Boulevard SIZE OF AREA: 3.53 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: A replat of Lot 1, Block 1, into two lots for the purpose of selling the Fire Administration Building at 500 Southwestern Boulevard. APPLICANT: Owner: Surveyor: City of Coppell Brittain & Crawford 255 Parkway Blvd. PO Box 11374 Coppell, Texas 75019 3908 South Freeway Mindi Hurley Ft. Worth, Texas 76110 Phone: 972-304-3677 Chris Blevins Email: Mhurley@coppelltx.gov Phone: 817-926-0211 cblevins@brittain-crawford.com HISTORY: The property was platted in 1996. The Fire Station was built in 1992, the Fire Administration Building was built in 1995, the Animal Shelter was built in 1999 and the fire apparatus storage facility was built in 2008. HISTORIC COMMENT: There is no historic significance related to the subject property. TRANSPORTATION: Southwestern Boulevard is currently designated on the Thoroughfare Plan as a four-lane undivided thoroughfare. It is built to standard within a 90-foot right-of- way. South Coppell Road is designated as a two-lane undivided collector and is built to standard within a 90-foot right-of-way. ITEM # 4 Page 2 of 2 SURROUNDING LAND USE & ZONING: North – DART right-of-way; PD-108R8-H (Planned Development-108 Revision 8-Historic) East – Office; LI (Light Industrial) West – Oncor Electrical Substation; LI (Light Industrial) South – Vacant – LI (Light Industrial) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, depicts this property as suitable for industrial special district. DISCUSSION: The purpose of this plat is to divide the currently platted lot into two for the purpose of selling the City Fire Administration office building site. The easements proposed to be dedicated are sufficient to serve the Fire Administration Building and to allow mutual access between the lots and ingress/egress to and from Coppell Road and Southwestern Boulevard. Staff is recommending approval of this replat. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following condition: 1. Prior to obtaining the platting signatures, there may be additional easements or adjustments to those shown upon further engineering review. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat Recommended for approval: __________________________________________________ Chairman, Planning and Zoning Commission Date City of Coppell, Texas Approved and Accepted: __________________________________________________ Karen Selbo Hunt , Mayor Date City of Coppell, Texas The undersigned , the City Secretary of the City of Coppell, Texas, hereby certifies that the foregoing Minor Plat of Lots 1R1 & 1R2, BLOCK 1, of the FIRE STATION No. 1, an addition to the City of Coppell, was submitted to the City Council on the ____ day of ___________, 2013, and the Council by formal action, then and there accepted the dedication of streets, alleys, parks, easements, public places, and water and sewer lines, as shown and set forth in and upon said plat, and said Council further authorized the Mayor to note the acceptance thereof by signing his/her name as hereinabove subscribed. Witness my hand this ____ day of _________, 2013. ____________________ City Secretary THIS IS TO CERTIFY THAT I, CHRIS L. BLEVINS, a Registered Professional Land Surveyor of the State of Texas, have platted the above subdivision from an actual survey on the ground, and that all lot corners, angle points and points of curve are properly marked on the ground and that this plat correctly represents that survey made by me. __________________________ CHRIS L. BLEVINS, R.P.L.S. State of Texas No. 5792 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared Chris L. Blevins , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ___ day of _____________, 2013. ____________________________________ Notary Public in and for The State of Texas Commission Expires: _________________ STATE OF TEXAS COUNTY OF DALLAS WHEREAS, the CITY OF COPPELL, acting by and through the undersigned, their duly authorized representative, is the sole owner of a 3.530 acre tract of land located in the JAMES A. SIMMONS SURVEY ABSTRACT NO. 1296, Dallas County, Texas, said tract being comprised of a 2.338 acre tract described in the deed to the City of Coppell, Texas, recorded in Volume 84216, Page 513, and a portion of a 1.306 acre tract described in the deed to the City of Coppell, Texas, recording Volume 84216, Page 517 of the Deed Records of Dallas County, Texas. Said 3.530 acres of land being more particularly described as follows: LEGAL DESCRIPTION BEING 3.530 acres of land located in the JAMES A. SIMMONS SURVEY, Abstract No. 1296, Dallas County, Texas, and being all of Lot 1, Block 1, FIRE STATION NO. 1, an addition to the City of Coppell, Dallas County, Texas, according to the plat recorded in Volume 96006, Page 2849, of the Deed Records of Dallas County, Texas. Said 3.530 acres of land being more particularly described by metes and bounds as follows: %(*,11,1*DWDò´LURQURGPDUNHG³%ULWWDLQ &UDZIRUG´VHWDWWKH6RXWKHDVWFRUQHURIVDLG/RW%ORFN),5( STATION NO. 1, said point lying at the intersection of the West right-of-way line of Coppell Road (an 80 foot wide public right-of-way) with the North right-of-way line of Southwestern Boulevard (a variable width public right-of-way); THENCE 6ƒ ´:505.14 feet, along the South boundary line of said Lot 1, Block 1, FIRE STATION 12DQGWKH1RUWKULJKWRIZD\OLQHRIVDLG6RXWKZHVWHUQ%RXOHYDUGWRDò´LURQURGPDUNHG³%ULWWDLQ &UDZIRUG´VHWDWWKH6RXWKZHVWFRUQHURIVDLG/RW%ORFN),5(67$7,2112DQGWKH6RXWKHDVW corner of Lot 1, Block 1, COPPELL SOUTH SUBSTATION ADDITION, to the City of Coppell according to the plat recorded in County Clerk's File No. 200504900097, of the Deed Records of Dallas County, Texas; THENCE 1ƒ ´:299.71 feet, along the West boundary line of said Lot 1, Block 1, FIRE STATION NO. 1, and the East boundary line of said Lot 1, Block 1, COPPELL SOUTH SUBSTATION ADDITION, to a ò´LURQURGPDUNHG³%ULWWDLQ &UDZIRUG´VHWDWWKH1RUWKZHVWFRUQHURIVDLG/RW%ORFN),5(67$7,21 NO. 1, said point also lying in the South right-of-way line of the St. Louise & S.W. Railroad (a 300 foot wide right-of-way); THENCE 1ƒ ´(520.79 feet, along the North boundary line of said Lot 1, Block 1, FIRE STATION 12DQGWKH6RXWKULJKWRIZD\OLQHRIVDLG6W/RXLV 6:5DLOURDGWRDò´LURQURGPDUNHG³%ULWWDLQ &UDZIRUG´VHWDWWKH1RUWKHDVWFRUQHURIVDLG/RW%ORFN),5(667$7,2112DQGVDLGSRLQWO\LQJLQ the West right-of-way line of the aforesaid Coppell Road; THENCE 6ƒ ´(300.20 feet, along the East boundary line of said Lot 1, Block 1, FIRE STATION NO. 1, and the West right-of-way line of said Coppell Road, to the POINT OF BEGINNING containing 3.530 acres (153,763 square feet) of land. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, the City of Coppell, a municipal corporation, does hereby adopt this plat designating the hereinabove described property as LOTS 1R1 and 1R2, BLOCK 1, FIRE STATION NO. 1, an addition to the City of Coppell, Dallas County, Texas, and does hereby dedicate to the public the streets and easements shown hereon. WITNESS MY HAND at Coppell, Dallas County, Texas, this _____ day of ____________, 2013. CITY OF COPPELL ______________________________ By: KAREN SELBO HUNT, MAYOR STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared Karen Selbo Hunt, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ___ day of _____________, 2013. ___________________________________ Notary Public in and for The State of Texas Commission Expires: _________________ REPLAT  FIRE STATION No. 1 LOT 1R1 AND 1R2, BLOCK 1  AN ADDITION TO THE CITY OF COPPELL DALLAS COUNTY, TEXAS  3.530 ACRES OUT OF THE JAMES A. SIMMONS SURVEY, ABSTRACT NO. 1296 BEING A REVISION OF LOT 1, BLOCK 1 FIRE STATION No. 1 VOLUME 96006, PAGE 2849, O.P.R.T.C.T. 6(37(0%(5/276 SURVEYOR: SOUTHWESTERN BO U L E V A R D COPPELL ROADST. LOUIS & S.W. RAI L R O A D FLOOD NOTE: NO PORTION OF THIS PROPERTY LIES WITHIN A 100-YEAR FLOOD HAZARD ZONE, ACCORDING TO THE NATIONAL FLOOD INSURANCE PROGRAM'S FLOOD INSURANCE RATE MAP FOR TARRANT COUNTY, TEXAS, AND INCORPORATED AREAS, COMMUNITY-PANEL NUMBER 48113C0135 J, MAP REVISED AUGUST 23, 2001. BEARING BASE: THE BEARINGS SHOWN HEREON ARE TEXAS STATE PLANE GRID BEARINGS ESTABLISHED USING THE GLOBAL POSITIONING SYSTEM SATELLITES, AND LOCAL CONTINUOUSLY OPERATING REFERENCE STATIONS.CITY OF COPPELL: Floodplain Development Permit Application No. ____ has been filed with the City of Coppell floodplain administrator on ______________, 2013. __________________________________________________ Floodplain Administrator Date: Course Bearing Distance L1 1ƒ (35.27' L2 6ƒ (5.00' L3 6ƒ :25.27' L4 1ƒ (5.33' L5 1ƒ (11.73' L6 6ƒ (10.01' L7 1ƒ (35.42' L8 6ƒ (24.03' L9 6ƒ :24.00' Curve Radius Length Delta Chord Chord Bear. C1 34.00'53.35'ƒ 48.04'1ƒ ( C2 10.00'15.69'ƒ 14.13'6ƒ : Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1362 File ID: Type: Status: 2013-1362 Agenda Item Passed 1Version: Reference: In Control: Planning 11/26/2013File Created: 12/10/2013Final Action: Coppell Service Center, Lot 1R2 & Lot 2, Blk 1, RPFile Name: Title: PUBLIC HEARING: Consider approval of the Coppell Service Center, Lot 1R2 & Lot 2, Block 1, Replat, being a replat of Lot 1R, Block 1, Coppell Service Center, to include Lot 1, Block E, of the Old Town (Main Street) Phase II Addition establishing Lot 1R2, Block 1, Coppell Service Center Addition and to incorporate Lots 6 & 7, Block A of The Villages of Old Coppell as Lot 2, Block 1, Coppell Service Center Addition, containing 13.54 acres of property, located along the northeast corner of S. Coppell Road and the DART right-of-way. Notes: Agenda Date: 12/10/2013 Agenda Number: 11. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Replat.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 12/10/2013City Council Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1362) Agenda Items 10-12 were consider together. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Wes Mays, seconded by Councilmember Gary Roden, to close the Public Hearing and approve Agenda Items 10-12 subject to the following conditions: Prior to obtaining the platting signatures, there may be additional easements or adjustments to those shown upon further engineering review. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1362 Title PUBLIC HEARING: Consider approval of the Coppell Service Center, Lot 1R2 & Lot 2, Block 1, Replat, being a replat of Lot 1R, Block 1, Coppell Service Center, to include Lot 1, Block E, of the Old Town (Main Street) Phase II Addition establishing Lot 1R2, Block 1, Coppell Service Center Addition and to incorporate Lots 6 & 7, Block A of The Villages of Old Coppell as Lot 2, Block 1, Coppell Service Center Addition, containing 13.54 acres of property, located along the northeast corner of S. Coppell Road and the DART right-of-way. Summary The following P&Z condition remains outstanding: 1.Prior to obtaining the platting signatures, there may be additional easements or adjustments to those shown upon further engineering review. Staff Recommendation: On November 21, 2013, The Planning Commission unanimously recommended approval of this REPLAT (6-0) subject to the above -stated condition. Commissioners Goodale, Robinson, Haas, Sangerhausen, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: December 10, 2013 Reference: Coppell Service Center, Lot 1R2 & Lot 2, Block 1, Replat, containing 13.54 acres of property, located along the northeast corner of S. Coppell Road and the DART right-of- way 2030: Sustainable City Government Introduction: This is a two-lot replat. Lot 1R2, Block 1 is the existing Coppell Service Center lot with the addition of the existing driveway which serves the Service Center facility. The driveway was relocated as a part of the Villages of Old Coppell plat. However, the plan was abandoned and the property was sold back to the city. This area was most recently part of the Old Town (Main Street) Phase II plat and provides an alternate means of emergency access to the proposed residential development to the north. The property south of the Service Center Drive was platted as two lots (Lots 6 & 7, Block 1) within the Villages of Old Coppell plat. These are being combined and included as a separate lot of this plat. It is proposed to be the future home of the Coppell Safety Town. Analysis: On November 21, 2013 the Planning Commission unanimously recommended approval of this replat, subject to the condition that prior to obtaining the platting signatures, there may be additional easements or adjustments to those shown upon further engineering review. Legal Review: This item did not require City Attorney Review Fiscal Impact: None Recommendation: The Planning Department recommends approval Attachments: Staff Report and Replat 1 ITEM # 5 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Coppell Service Center, Lot 1R2 & Lot 2, Block 1, Replat P&Z HEARING DATE: November 21, 2013 C.C. HEARING DATE: December 10, 2013 STAFF REP.: Matt Steer, City Planner LOCATION: NEC of S. Coppell Road and the DART Right-of-Way SIZE OF AREA: 13.54 acres of property CURRENT ZONING: PD-108R8-H (Planned Development-108 Revision 8-Historic) REQUEST: A replat of Lot 1R, Block 1, Coppell Service Center, to include Lot 1, Block E, of the Old Town (Main Street) Phase II Addition establishing Lot 1R2, Block 1, Coppell Service Center Addition and to incorporate Lots 6 & 7, Block A, of The Villages of Old Coppell as Lot 2, Block 1, Coppell Service Center Addition. APPLICANT: Owner: Surveyor: City of Coppell Brittain & Crawford 255 Parkway Blvd. PO Box 11374 Coppell, Texas 75019 3908 South Freeway Mindi Hurley Ft. Worth, Texas 76110 Phone: 972-304-3677 Chris Blevins Email: Mhurley@coppelltx.gov Phone: 817-926-0211 cblevins@brittain-crawford.com HISTORY: In August 2007, Council approved an 11-acre development along Coppell Road, including a conference center, retail/office/boutique hotel use and a pet care facility. As a result of this development plan, the Service Center drive was proposed to be relocated to the south. This development was never constructed and the entire tract was sold back to the City of Coppell. In June 2013, Council approved a request to replat Lots 1-5, Block A, Villages of Old Coppell (five of the seven lots) into 64 residential lots and five common area lots. A condition of approval was to replat the Grapevine Springs Community Center and the Coppell Service Center properties affected by this change. HISTORIC COMMENT: The western entry (dirt path) to Grapevine Springs Park (WPA Project completed in 1930’s) may have crossed the Coppell Service Center property. ITEM # 5 Page 2 of 2 TRANSPORTATION: South Coppell Road is a two-lane, improved, 36-foot wide concrete street with angled parking within a 90-foot right-of-way. SURROUNDING LAND USE & ZONING: North: Grapevine Springs Park and vacant; PD-108R10-H (Planned Development-108 Revision 10-Historic) and PD-108R11-H (Planned Development-108 Revision 11- Historic) South: DART right-of-way; LI (Light Industrial) East: Grapevine Springs Community Center; PD-108R10-H (Planned Development-108 Revision 10-Historic) West: residential; PD-250R-H (Planned Development-250 Revised-Historic) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan shows the property as suitable for development in accordance with the Old Coppell Historic Special Area Plan. DISCUSSION: This is a two-lot replat. Lot 1R2, Block 1 is the existing Service Center lot with the existing driveway property added to it. The driveway was proposed to be relocated as a result of the Villages of Old Coppell plat. Since this plan was abandoned and the property was sold back to the city, it is the intent of the plat to incorporate the property once again. This area was most recently part of the Old Town (Main Street) Phase II plat and provides an alternate means of emergency access to the proposed residential development to the north. The property south of the Service Center Drive was platted as two lots (Lots 6 & 7, Block 1) within the Villages of Old Coppell plat. These are being combined and included as a separate lot of this plat. It is proposed to be the future home of the Coppell Safety Town. Staff is recommending approval of this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following condition: 1. Prior to obtaining the platting signatures, there may be additional easements or adjustments to those shown upon further engineering review. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat STATE OF TEXAS COUNTY OF DALLAS WHEREAS, The CITY OF COPPELL , acting by and through the undersigned, their duly authorized representative, is the sole owner of 13.543 acres of land located in the J. SIMMONS SURVEY, ABSTRACT NO. 1296, City of Coppell, Dallas County, Texas, according to the deed recorded in Volume 99203, Page 3079, of the Deed Records of Dallas, County, Texas. LEGAL DESCRIPTION BEING 13.543 acres comprised of all of Lot 1R, Block 1, COPPELL SERVICE CENTER ADDITION, an addition to the City of Coppell, Dallas County, Texas, according to the plat recorded in County Clerk's File No. 20070444190, of the Deed Records of Dallas County, Texas, all of Lots 6 and 7, Block A, THE VILLAGES OF OLD COPPELL, an addition to the City of Coppell, Dallas County, Texas, according to the plat recorded in County Clerk's File No. 20070444189, of the Deed Records of Dallas &RXQW\7H[DVDQGDOORI/RW%ORFN³(´2/'72:1 0$,1675((7 3+$6(,,$'',7,21DQDGGLWLRQWRWKH&LW\RI Coppell, Dallas County, Texas, according to the plat recorded in County Clerk's File No. 201300276531, of the Deed Records of Dallas County, Texas. Said 13.543 acres of land being more particularly described by metes and bounds as follows: %(*,11,1*DWDò´LURQURGPDUNHG³%ULWWDLQ &UDZIRUG´VHWDWWKH6RXWKZHVWFRUQHURIVDLG/RW5%ORFNDQGVDLGSRLQW lying at the intersection of the North right-of-way line of Dallas Area Rapid Transit (a 100 foot wide right-of-way) with the East right-of-way line of Coppell Road (a variable width public right-of-way); THENCE 1ƒ ´:IHHWDORQJWKH(DVWULJKWRIZD\OLQHRIVDLG&RSSHOO5RDGWRDò´LURQURGPDUNHG ³%ULWWDLQ &UDZIRUG´VHWDWWKH1RUWKZHVWFRUQHURIWKHDIRUHVDLG/RW%ORFN³(´ THENCE 1ƒ ´(IHHWDORQJWKH1RUWKERXQGDU\OLQHRIVDLG/RW%ORFN³(´WRDò´LURQURGPDUNHG ³%ULWWDLQ &UDZIRUG´VHWLQWKH:HVWERXQGDU\OLQHRIVDLG/RW5%ORFNDQGVDLGSRLQWEHLQJWKH6RXWKHDVWFRUQHU RI/RW;%ORFN³'´RIVDLG2/'72:1 0$,1675((7 3+$6(,,$'',7,21 THENCE DORQJWKH(DVWERXQGDU\OLQHRIVDLG%ORFN³'´DQGWKH:HVWERXQGDU\OLQHRIVDLG/RW5%ORFNDVIROORZV 1.1ƒ ´:IHHWWRDò´LURQURGIRXQG 2.1ƒ ´(IHHWWRDò´LURQURGPDUNHG³%ULWWDLQ &UDZIRUG´VHW 3.1ƒ ´:IHHWWRDò´LURQURGPDUNHG³%ULWWDLQ &UDZIRUGVHWDWWKHPRVW1RUWKHUO\ 1RUWKZHVWFRUQHURIVDLG/RW5%ORFNVDLGSRLQWO\LQJLQWKH6RXWKERXQGDU\OLQHRI/RW%ORFN³'´RI said OLD TOWN (MAIN STREET) PHASE II ADDITION; THENCE 1ƒ ´(IHHWDORQJWKH1RUWKERXQGDU\OLQHRIVDLG/RW5%ORFNWRDò´LURQURGIRXQG at the most Northerly Northeast corner of said Lot 1R, Block 1; THENCE along the East boundary line of said Lot 1R, Block 1, as follows: 1.6ƒ ´(IHHWWRDò´LURQURGIRXQGPDUNHG³%:´ 2.1ƒ ´(IHHWWRDò´LURQURGIRXQGPDUNHG³%:´ 3.6ƒ ´(IHHWWRDò´LURQURGIRXQGPDUNHG³%:´ 4.1ƒ ´(IHHWWRDò´LURQURGIRXQGPDUNHG³%:´ 5.6ƒ ´(IHHWWRDò´LURQURGIRXQGPDUNHG³%:´DWWKH6RXWKHDVWFRUQHURIVDLG/RW5 Block 1, and said point lying in the North right-of-way line of the aforesaid Dallas Area Rapid Transit; THENCE 6ƒ ´:796.02 feet, along the South boundary line of said Lot 1R, Block 1, and the North ULJKWRIZD\OLQHRIVDLG'DOODV$UHD5DSLG7UDQVLWWRDò´LURQURGIRXQG THENCE 6ƒ ´:285.84 feet, along the South boundary line of said Lot 1R, Block 1, and the North right-of-way line of said Dallas Area Rapid Transit, to the POINT OF BEGINNING containing 13.543 acres (589,935 square feet) of land. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, the City of Coppell does hereby adopt this plat designating the hereinabove described property as LOT 1R2 and LOT 2, BLOCK 1, COPPELL SERVICE CENTER, to the City of Coppell, Dallas County, Texas, and do hereby dedicate to the public the streets and easements shown hereon. WITNESS OUR HANDS at Coppell, Dallas County, Texas, this _____ day of _______________, 2013. CITY OF COPPELL ______________________________ By: KAREN SELBO HUNT, MAYOR STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared Douglas N. Stover, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ___ day of _____________, 2013. ___________________________________ Notary Public in and for The State of Texas Commission Expires: _________________ REPLAT  COPPELL SERVICE CENTER LOT 1R2 AND LOT 2, BLOCK 1  AN ADDITION TO THE CITY OF COPPELL DALLAS COUNTY, TEXAS  13.543 ACRES OUT OF THE J. SIMMONS SURVEY, ABSTRACT NO. 1296 BEING A REVISION OF LOT 1R, BLOCK 1 COPPELL SERVICE CENTER ADDITION DOC. No. 20070444190, D.R.T.C.T., LOTS 6 AND 7, BLOCK A, THE VILLAGES OF OLD COPPELL DOC. No. 20070444189, D.R.T.C.T., AND LOT 1, BLOCK "E", OLD TOWN (MAIN STREET) PHASE II, DOC. No. 201300276531, D.R.T.C.T., SEPTEMBER 2013 / 2 LOTS SURVEYOR: DALLAS AREA RAPID T R A N S I T ( D . A . R . T . ) ¾ BURNS STREET UTILITY CERTIFICATE: THIS PLAT CORRECTLY PRESENTS THE REQUIRED EASEMENTS FOR THIS DEVELOPMENT. ONCOR: ______________________DATE: _______ ATMOS ENERGY: _______________DATE: _______ TIME WARNER CABLE: ___________DATE: _______ VERIZON: ___________________ DATE: _______ Recommended for approval: __________________________________________________ Chairman, Planning and Zoning Commission Date City of Coppell, Texas Approved and Accepted: __________________________________________________ Karen Selbo Hunt, Mayo Date City of Coppell, Texas The undersigned , the City Secretary of the City of Coppell, Texas, hereby certifies that the foregoing Minor Plat of LOT 1R2 AND LOT 2, BLOCK 1, COPPELL SERVICE CENTER , to the City of Coppell, was submitted to the City Council on the ____ day of ___________, 2013, and the Council by formal action, then and there accepted the dedication of streets, alleys, parks, easements, public places, and water and sewer lines, as shown and set forth in and upon said plat, and said Council further authorized the Mayor to note the acceptance thereof by signing his/her name as hereinabove subscribed. Witness my hand this ____ day of _________, 2013. ____________________ City Secretary THIS IS TO CERTIFY THAT I, CHRIS L. BLEVINS, a Registered Professional Land Surveyor of the State of Texas, have platted the above subdivision from an actual survey on the ground, and that all lot corners, angle points and points of curve are properly marked on the ground and that this plat correctly represents that survey made by me. __________________________ CHRIS L. BLEVINS, R.P.L.S. State of Texas No. 5792 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared Chris L. Blevins, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ___ day of _____________, 2013 . ____________________________________ Notary Public in and for The State of Texas Commission Expires: _________________COPPELL ROADBEARING BASE: THE BEARINGS SHOWN HEREON ARE TEXAS STATE PLANE GRID BEARINGS ESTABLISHED USING THE GLOBAL POSITIONING SYSTEM SATELLITES, AND LOCAL CONTINUOUSLY OPERATING REFERENCE STATIONS. FLOOD NOTE: PORTION OF THIS PROPERTY LIES WITHIN A 100-YEAR FLOOD HAZARD ZONE, ACCORDING TO THE NATIONAL FLOOD INSURANCE PROGRAM'S FLOOD INSURANCE RATE MAP FOR TARRANT COUNTY, TEXAS, AND INCORPORATED AREAS, COMMUNITY-PANEL NUMBER 48113C0135J, MAP REVISED AUGUST 23, 2001. NOTES: 1.ALL IRON RODS SET (IRS) ARE 1/2" IRON RODS WITH A YELLOW PLASTIC CAP STAMPED "BRITTAIN & CRAWFORD". CITY OF COPPELL: Floodplain Development Permit Application No. ____ has been filed with the City of Coppell floodplain administrator on ______________, 2013. __________________________________________________ Floodplain Administrator Date: Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1363 File ID: Type: Status: 2013-1363 Agenda Item Passed 1Version: Reference: In Control: Planning 11/26/2013File Created: 12/10/2013Final Action: Grapevine Springs Community Center, Lots 1R & 3, Blk A, RP/MP File Name: Title: PUBLIC HEARING: Consider approval of the Grapevine Springs Community Ctr., Lots 1R & 3, Block A, Replat/Minor Plat, being a replat of Lot 1, Block A, Grapevine Springs Community Center and a minor plat of Lot 3, Block A, to revise the boundaries of Lot 1, Block A and to plat Lot 3, Block A, dedicating 762 square feet of right -of-way on Bethel Road on 21.28 acres of property, located along the south side of Bethel Road, approximately 400 feet east of S. Coppell Road. Notes: Agenda Date: 12/10/2013 Agenda Number: 12. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Replat.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 12/10/2013City Council Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1363) Agenda Items 10-12 were consider together. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Wes Mays, seconded by Councilmember Gary Roden, to close the Public Hearing and approve Agenda Items 10-12 subject to the following conditions: Prior to obtaining the platting signatures, there may be additional easements or adjustments to those shown upon further engineering review. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1363 Title PUBLIC HEARING: Consider approval of the Grapevine Springs Community Ctr., Lots 1R & 3, Block A, Replat/Minor Plat, being a replat of Lot 1, Block A, Grapevine Springs Community Center and a minor plat of Lot 3, Block A, to revise the boundaries of Lot 1, Block A and to plat Lot 3, Block A, dedicating 762 square feet of right-of-way on Bethel Road on 21.28 acres of property, located along the south side of Bethel Road, approximately 400 feet east of S. Coppell Road. Summary The following P&Z condition remains outstanding: 1.Prior to obtaining the platting signatures, there may be additional easements or adjustments to those shown upon further engineering review. Staff Recommendation: On November 21, 2013, The Planning Commission unanimously recommended approval of this REPLAT/MINOR PLAT (6-0) subject to the above -stated condition. Commissioners Goodale, Robinson, Haas, Sangerhausen, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Sustainable City Government Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: December 10, 2013 Reference: Grapevine Springs Community Ctr., Lots 1R & 3, Block A, Replat/Minor Plat, being a replat of Lot 1, Block A, Grapevine Springs Community Center and a minor plat to create Lot 3, Block A, containing 21.28 acres of property, located along the south side of Bethel Road, approximately 400 feet east of S. Coppell Road 2030: Sustainable City Government & Business Prosperity Introduction: This is a two-part platting request. The first is to replat Lot 1, Block A of the existing Grapevine Springs Community Center plat to relocate the western property line 70 feet to the east to reflect the land that was sold to the Old Town (Main Street) Phase II development. The second is to add previously unplatted property as a lot to this plat. Lot 3, Block A, is being platted to complete a land swap for the necessary right-of-way for Bethel Road Improvements. The 762 square feet of property being dedicated on the north (Bethel Road) is being offset by the same amount of land on the south. Analysis: On November 21, 2013 the Planning Commission unanimously recommended approval of this replat, subject to the condition that prior to obtaining the platting signatures, there may be additional easements or adjustments to those shown upon further engineering review. Legal Review: This item did not require City Attorney Review Fiscal Impact: None Recommendation: The Planning Department recommends approval of this replat. Attachments: Staff Report and Replat 1 ITEM # 6 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Grapevine Springs Community Ctr., Lots 1R & 3, Block A, Replat/Minor Plat P&Z HEARING DATE: November 21, 2013 C.C. HEARING DATE: December 10, 2013 STAFF REP.: Matt Steer, City Planner LOCATION: South side of Bethel Road, east of S. Coppell Road SIZE OF AREA: 21.28 acres of property CURRENT ZONING: PD-108R10-H (Planned Development-108 Revision 10-Historic) & H (Historic) REQUEST: A replat of Lot 1, Block A, Grapevine Springs Community Center and a minor plat of Lot 3, Block A, to revise the boundaries of Lot 1, Block A and to plat Lot 3, Block A, dedicating 762 square feet of right-of-way on Bethel Road. APPLICANT: Owner: Surveyor: City of Coppell Brittain & Crawford 255 Parkway Blvd. PO Box 11374 Coppell, Texas 75019 3908 South Freeway Mindi Hurley Ft. Worth, Texas 76110 Phone: 972-304-3677 Chris Blevins Email: Mhurley@coppelltx.gov Phone: 817-926-0211 cblevins@brittain-crawford.com HISTORY: In October 2007, Council approved plans for the 13,560-square-foot Grapevine Springs Community Center on the subject property. Constructed at the end of 2010 and beginning of 2011, the Grapevine Springs Community Center was designated as a LEED Silver in May 2011. In June 2013, Council approved a request to replat Lots 1-5, Block A, Villages of Old Coppell (five of the seven lots) into 64 residential lots and five common area lots. A condition of approval was to replat the Grapevine Springs Community Center property because the western boundary changed (shifted to the east by 70 feet). HISTORIC COMMENT: The western entry (dirt path) to Grapevine Springs Park (WPA Project completed in 1930’s) may have crossed the Grapevine Springs Community Center property. ITEM # 6 Page 2 of 2 TRANSPORTATION: Bethel Road is a two-lane asphalt street contained within a 50-foot right-of-way, proposed to be a C2U collector street when improved. SURROUNDING LAND USE & ZONING: North - Old Coppell Estates residential subdivision; SF-9 (Single Family 9) South – Coppell Service Center; PD-108R5-H (Planned Development-108 Revision 5 - Historic) East – Grapevine Springs Park and single family residences; PD-108-H (Planned Development-108-Historic) and SF-9 (Single Family-9) West – Vacant; PD-108R11-H (Planned Development-108 Revision 11 - Historic) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan shows the property as suitable for development in accordance with the Old Coppell Historic Special Area Plan. DISCUSSION: This is a two-part platting request. The first is to replat Lot 1, Block A of the existing Grapevine Springs Community Center plat to adjust the western property line inward by approximately 70 feet, as this land was sold to the Old Town (Main Street) Phase II development. The second would be considered a minor plat to add previously unplatted property as a lot to this plat. The intent of inclusion of the Lot 3, Block A, is to complete a land swap for the necessary right-of-way for Bethel Road Improvements. The 762 square feet of property being dedicated on the front (Bethel Road side) is being offset by the same amount of land on the rear. Staff is recommending approval of this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following condition: 1. Prior to obtaining the platting signatures, there may be additional easements or adjustments to those shown upon further engineering review. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat/Minor Plat UTILITY CERTIFICATE: THIS PLAT CORRECTLY PRESENTS THE REQUIRED EASEMENTS FOR THIS DEVELOPMENT. ONCOR: ______________________DATE: _______ ATMOS ENERGY: _______________DATE: _______ TIME WARNER CABLE: ___________DATE: _______ VERIZON: ___________________ DATE: _______ REPLAT AND MINOR PLAT  GRAPEVINE SPRINGS COMMUNITY CENTER LOT 1R AND 3, BLOCK A  AN ADDITION TO THE CITY OF COPPELL DALLAS COUNTY, TEXAS  21.287 ACRES OUT OF THE J. SIMMONS SURVEY, ABSTRACT NO. 1296 BEING A REVISION OF LOT 1, BLOCK A GRAPEVINE SPRINGS COMMUNITY CENTER DOC. No. 20080382276, O.P.R.D.C.T., AND REMAINDER PORTION A TRACT OF LAND, VOL. 99203, PG. 3079, D.R.D.C.T., SEPTEMBER 2013 / 2 LOTS STATE OF TEXAS COUNTY OF DALLAS WHEREAS, the CITY OF COPPELL, acting by and through the undersigned, their duly authorized representative, and ELIAS R. DRAGON and ANN M. DRAGON are the sole owners of 2 tracts of land located in the J. SIMMONS SURVEY ABSTRACT NO. 1296, City of Coppell, Dallas County, Texas, according to their respective deeds recorded in Volume 99203, Page 3079 and Volume 2001170, Page 2299 of the Deed Records of Dallas County, Texas. LEGAL DESCRIPTION BEING 21.287 acres of land located in the J. SIMMONS SURVEY, ABSTRACT NO. 1296, Coppell, Dallas County, Texas, and being comprised of a portion of Lot 1, Block A, GRAPEVINE SPRINGS COMMUNITY CENTER, an addition to the City of Coppell according to the plat recorded in County Clerk's File Number 20080382276, of the Official Public Records of Dallas County, Texas, and all of the tract of land conveyed to Elias R. Dragon and Ann M. Dragon by the deed recorded in County Clerk's File Number 200117002299 of the Deed Records of Dallas County, Texas. Said 21.287 acres of land being more particularly describe by metes and bounds as follows: %(*,11,1*DWDò´LURQURGPDUNHG³%ULWWDLQ &UDZIRUG´VHWDWWKHPRVW(DVWHUO\1RUWKHDVWFRUQHURIVDLG/RW%ORFN$DQG being the Southeast corner of Lot 2, Block A of said GRAPEVINE SPRINGS COMMUNITY CENTER, said point lying in the West line of Park Road, an easement granted for right-of-way to the County of Dallas by the deed recorded in Volume 2183, Page 383 of the Deed Records of Dallas County, Texas; THENCE along the East boundary line of said Lot 1, Block A and the West right-of-way line of said Park Road as follows: 1.6ƒ ´:424.53 feet to a PK nail in disk found; 2.6ƒ ´:42.40 feet to a 1/2" iron rod found; THENCE continuing along the East boundary line of said Lot 1, Block A and the West boundary line of Tracts 1 and 3 identified in the deed to County of Dallas for Grapevine Springs Park recorded in Volume 91251, Page 5059 of the Deed Records of Dallas County, Texas, as follows: 1.6ƒ ´:290.03 feet to a 1/2" iron rod found; 2.6ƒ ´(IHHWWRDLURQURGPDUNHG³%:´IRXQGDWWKH6RXWKZHVWFRUQHURIVDLG Tract 1; 3.1ƒ ´(243.24 feet to a 1/2" iron rod found with red cap at the Northwest corner of said Tract 3; 4.6ƒ (100.71 feet to a 1/2" iron rod found with red cap; 5.6ƒ ´(IHHWWRDò´LURQURGIRXQGDWWKH6RXWKHDVWFRUQHURIVDLG/RW%ORFN$DQG the Southwest corner of said Tract 3, and said point lying in the North right-of-way line of Dallas Area Rapid Transit (DART), a 100 foot wide right-of-way; 7+(1&(6ƒ ´:425.93 along the South boundary line of said Lot 1, Block A and said DART North right-of-way line WRDLURQURGIRXQGPDUNHG³%: THENCE along the common boundary line of said Lot 1, Block A and Lot 1R, Block 1, COPPELL SERVICE CENTER, an addition to the City of Coppell according to the plat recorded in County Clerk's File Number 20070444190, of the Official Public Records of Dallas County, Texas, as follows: 1.1ƒ ´:IHHWWRDLURQURGPDUNHG³%:´IRXQG 2.6ƒ ´:IHHWWRDLURQURGPDUNHG³%:´IRXQG 3.1ƒ ´:IHHWWRDLURQURGPDUNHG³%:´IRXQG 4.6ƒ ´:IHHWWRDLURQURGPDUNHG³%:´IRXQG 5.1ƒ ´:174.66 feet to a 1/2" iron rod found; 6.6ƒ ´: 465.06 feet along the South boundary line of said Lot 1, Block A, and the North ERXQGDU\OLQHRIVDLG/RW5%ORFNWRDò´LURQURGPDUNHG³%ULWWDLQ &UDZIRUG´VHWDWWKH6RXWKHDVWFRUQHU of Lot 11, Block D, OLD TOWN (MAIN STREET) PHASE II, an addition to the City of Coppell according to the plat recorded in County Clerk's File Number 201300276531, of the Official Public Records of Dallas County, Texas; THENCE 1ƒ ´:720.40 feet along the East boundary line of Block D of said OLD TOWN (MAIN 675((7 WRDò´LURQURGPDUNHG³%ULWWDLQ &UDZIRUG´VHWDWWKH1RUWKHDVWFRUQHURI/RW%ORFN'RIVDLG2/'72:1 (MAIN STREET) and said point lying in the South boundary line of Lot 1, HISTORIC COPPELL PROPERTIES ADDITION, an addition to the City of Coppell according to the plat recorded in County Clerk's File Number 200503594487, of the Official Public Records of Dallas County, Texas; THENCE 1ƒ ´( 314.57 feet along the South boundary line of Lots 1 and 2 of said HISTORIC &233(//3523(57,(6$'',7,21DQGWKH1RUWKERXQGDU\OLQHRIWKHDIRUHVDLG/RW%ORFN$WRDò´LURQURGPDUNHG ³$5($´IRXQGDWWKH6RXWKHDVWFRUQHURIVDLG/RW THENCE 1ƒ ´: 275.10 feet along the East boundary line of said Lot 2, and the West boundary line of VDLG/RW%ORFN$WRDò´LURQURGPDUNHG³$5($´IRXQGDWWKH1RUWKHDVWFRUQHURIVDLG/RWDQGWKHPRVW1RUWKHUO\ Northwest corner of said Lot 1, Block A, and said point lying in the South right-of-way line of Bethel Road (a variable width public right-of-way); THENCE 1ƒ ´( 417.57 feet along the South right-of-way line of said Bethel Road and the North ERXQGDU\OLQHRIVDLG/RW%ORFN$WRDò´LURQURGPDUNHG³%ULWWDLQ &UDZIRUG´VHWLQWKH:HVWERXQGDU\OLQHRIWKH aforesaid Dragon Tract; THENCE 1ƒ ´:7.44 feet along the West boundary line of said Dragon Tract, to a 1/2" iron rod found at the Northwest corner of said Dragon Tract; THENCE 1ƒ ´(101.21 feet along the South right-of-way line of Bethel Road and the North boundary line of said Dragon Tract to a point; THENCE 6ƒ ´(96.69 feet along the East boundary line of said Dragon Tract and the West boundary OLQHRI/RW%ORFN$RIVDLG*5$3(9,1(635,1*6&20081,7<&(17(5WRDò´LURQURGPDUNHG³%ULWWDLQ &UDZIRUG´VHWDWWKH6RXWKZHVWFRUQHURIVDLG/RW%ORFN$ THENCE 1ƒ ´(73.07 feet along the South line of said Lot 2, Block A and the North boundary line of said Lot 1, Block A to the POINT OF BEGINNING containing 21.287 acres (927,265 square feet) of land. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, the City of Coppell, a municipal corporation, and Elias R. Dragon and Ann M. Dragon do hereby adopt this plat designating the hereinabove described property as LOTS 1R and 3, BLOCK A, GRAPEVINE SPRINGS COMMUNITY CENTER, an addition to the City of Coppell, Dallas County, Texas, and do hereby dedicate to the public the streets and easements shown hereon. WITNESS MY HAND at Coppell, Dallas County, Texas, this _____ day of ____________, 2013. CITY OF COPPELL ______________________________ By: KAREN SELBO HUNT, MAYOR STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared Karen Selbo Hunt, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ___ day of _____________, 2013. ___________________________________ Notary Public in and for The State of Texas Commission Expires: _________________ ____________________________________________________________________ ELIAS R. DRAGON ANN M. DRAGON STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared Elias R. Dragon and Ann M. Dragon, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ___ day of _____________, 2013. ___________________________________ Notary Public in and for The State of Texas Commission Expires: _________________ DALLAS AREA RAPID T R A N S I T BETHEL ROAD PARK ROADSURVEYOR: HOUSTON STREET CAMERONCOURTTRAVIS STREET Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1365 File ID: Type: Status: 2013-1365 Agenda Item Passed 1Version: Reference: In Control: Planning 11/26/2013File Created: 12/10/2013Final Action: Gateway BP No. 3, AAA, Lot 1R, Blk A, RPFile Name: Title: PUBLIC HEARING: Consider approval of the Gateway Business Park No. 3, AAA, Lot 1R, Block A, Replat, being a replat of Lots 1 & 2, Block A, to combine the two lots into one and to revise existing fire lanes and easements to allow a revised site plan to accommodate a 248,980-square-foot building on 18.07 acres of property located at the northwest corner of Freeport Parkway and IH 635. Notes: Agenda Date: 12/10/2013 Agenda Number: 13. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Replat (1 OF 2).pdf, Replat (2 OF 2).pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 12/10/2013City Council Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Wes Mays, to close the Public Hearing and approve the Agenda Item. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1365 Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1365) Title PUBLIC HEARING: Consider approval of the Gateway Business Park No. 3, AAA, Lot 1R, Block A, Replat, being a replat of Lots 1 & 2, Block A, to combine the two lots into one and to revise existing fire lanes and easements to allow a revised site plan to accommodate a 248,980-square-foot building on 18.07 acres of property located at the northwest corner of Freeport Parkway and IH 635. Summary Staff Recommendation: On November 21, 2013, The Planning Commission unanimously recommended approval of this REPLAT (6-0). Commissioners Goodale, Robinson, Haas, Sangerhausen, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Sense of Community Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: December 10, 2013 Reference: Gateway Business Park No. 3, AAA, Lot 1R, Block A, Replat, to combine the two lots into one and to revise existing fire lanes and easements to allow a revised site plan to accommodate a 248,980-square-foot building on 18.07 acres of property located at the northwest corner of Freeport Parkway and IH 635. 2030: Business Prosperity & Sense of Community Introduction: This is the companion request to a Site Plan Amendment for Interinsurance Exchange of the Automobile Club (AAA) that was approved by the Planning and Zoning Commission which allowed a 10,790-square-foot addition to the two existing buildings to combine into a 248,980-square-foot, two- story office and to add an enclosed service area and to revise the parking and landscaping. Analysis: On November 21, 2013 the Planning Commission unanimously recommended approval of this replat, with no conditions. Legal Review: This item did not require City Attorney Review Fiscal Impact: None Recommendation: The Planning Department recommends approval Attachments: Staff Report and Replat CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Gateway Business Park No. 3, AAA, Lot 1R, Block A, Replat P&Z HEARING DATE: November 21, 2013 C.C. HEARING DATE: December 10, 2013 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: NWC of Freeport Parkway and IH 635 SIZE OF AREA: 18.07 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: A replat of Lots 1 & 2, Block A, to combine the two lots into one and to revise existing fire lanes and easements to allow a revised site plan to accommodate a 248,980-square-foot building. APPLICANT: Owner Engineer Interinsurance Exchange of the Automobile Club Pacheco Koch Engineers 3333Fairview Road Ryan Koch Costa Mesa, CA. 92626 8350 N. Cent. Expressway (714) 885-1532 Suite 1000 Fax: (562) 556-0992 Dallas, TX. 75206 Email: pavlovsky.tom@aaa-calif.com (972) 235-3031 Fax: (972) 235-9544 Email:rkoch@pkce.com HISTORY: There has been no recent development activity on the subject tract. The property was platted in 2006-7 and two, two-story office buildings were constructed in late 2007 and 2008. These two buildings have been vacant since construction was completed. HISTORIC COMMENT: We have found nothing of historic significance attached to this property. ITEM # 9 Page 1 of 2 TRANSPORTATION: Freeport Parkway is a C4D/6, 4 lane, divided, concrete roadway contained within a 110 foot right-of-way that can be expanded to six lanes. SURROUNDING LAND USE & ZONING: North: vacant and Avaya property to the north; LI, Light Industrial South: IH 635 and City of Irving zoning East: vacant; LI, Light Industrial West: IH 635 and City of Irving zoning COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows this property as suitable for Freeway Special District of which this use is appropriate. DISCUSSION: As discussed in the History portion of this report, the property was initially developed in 2006-7 with two, two-story office buildings containing a combined total of approximately 238,000 square feet. The current owner of the property, Interinsurance Exchange of the Automobile Club (AAA), wishes to join the two building with a 10,800 square foot connection, in essence making one 249,000 square foot office building, and add an enclosed service yard. As stated in the Site Plan Amendment request which preceded this replat, staff supports the revised Site Plan with certain conditions. To accommodate the changes to the Site Plan, certain easements and fire lane alterations need to be made. We have reviewed the replat document which includes these changes and support the replat. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request. Because it is an existing developed site, and the easements/fire lane changes are minor, no conditions are needed. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat Document ITEM # 9 Page 2 of 2 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1364 File ID: Type: Status: 2013-1364 Agenda Item Passed 1Version: Reference: In Control: Planning 11/26/2013File Created: 12/10/2013Final Action: PD-269-SF-12, St. Alphonsa Catholic ChurchFile Name: Title: PUBLIC HEARING: Consider approval of Case No. PD-269-SF-12, St Alphonsa Catholic Church, a zoning change request from S -1247R-SF-12 (Special Use Permit-1247-Single Family-12) to PD-269-SF-12 (Planned Development-269-Single Family-12), to attach a Detail Site Plan to allow the expansion of the existing building and parking, retention of the telecommunication facilities and to allow the retention of the existing wood and chain link fences on the north and east property lines, respectively, in lieu of a required masonry screening wall on 5.5 acres of property located 200 S. Heartz Road. Notes: Agenda Date: 12/10/2013 Agenda Number: 14. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Site Plan.pdf, Landscape Plan.pdf, Elevations.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 12/10/2013City Council Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1364) Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council. Matthew Thomas, 4604 Bill Simmons Rd., represented the applicant. Mayor Hunt opened the Public Hearing and asked for those who signed up to speak. 1) Hung Lee and Lilian Chow, 223 Westbury, spoke in regards to the fencing, the traffic concerns, installation of a gate and the desire to work with the church and the city to come to a compromise. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to close the Public Hearing and approve this Agenda Item subject to the following conditions: 1) Trees to be evergreen; 2) Irrigation system to have 180 degree spray (in stead of drip irrigation); 3) Traffic control device at the driveway; 4) Cut-off lights; 5) A second speed bump along the north property line; and 6) The installation of a gate at north driveway. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1364 Title PUBLIC HEARING: Consider approval of Case No. PD-269-SF-12, St Alphonsa Catholic Church, a zoning change request from S -1247R-SF-12 (Special Use Permit-1247-Single Family-12) to PD-269-SF-12 (Planned Development-269-Single Family-12), to attach a Detail Site Plan to allow the expansion of the existing building and parking, retention of the telecommunication facilities and to allow the retention of the existing wood and chain link fences on the north and east property lines, respectively, in lieu of a required masonry screening wall on 5.5 acres of property located 200 S. Heartz Road. Summary There are no outstanding P&Z conditions. Staff Recommendation: On November 21, 2013, The Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0). Commissioners Goodale, Robinson, Haas, Sangerhausen, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Sense of Community Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: December 10, 2013 Reference: PD-269-SF-12, St Alphonsa Catholic Church, to attach a Detail Site Plan to allow the expansion of the existing building, provide additional parking, retain the existing telecommunication facilities and to allow alternative fencing/screening on 5.5 acres of property located 200 S. Heartz Road. 2030: Sense of Community Introduction: The current owner of the property desires to increase the size of the building by 1,248 square feet, add paving to accommodate 128 parking spaces and retain the existing approved telecommunication facilities. They are requesting to allow the retention of the existing wood and chain link fences on the north and east property lines, in lieu of a required masonry screening wall. Analysis: On November 21, 2013 the Planning Commission unanimously recommended approval of this request. There are no outstanding conditions. Legal Review: This item did not require City Attorney Review Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachments: Staff Report with Site Plan, Landscape Plan and Elevations ITEM # 7 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-269-SF-12, St Alphonsa Catholic Church P&Z HEARING DATE: November 21, 2013 C.C. HEARING DATE: December 10, 2013 STAFF REP.: Matt Steer, City Planner LOCATION: 200 S. Heartz Road SIZE OF AREA: 5.5 acres of property CURRENT ZONING: S-1247R-SF-12 (Special Use Permit-1247-Single Family-12) REQUEST: A zoning change to PD-269-SF-12 (Planned Development-269-Single Family- 12), to attach a Detail Site Plan to allow the expansion of the existing building and parking, retention of the telecommunication facilities and to allow the retention of the existing wood and chain link fences on the north and east property lines, respectively, in lieu of a required masonry screening wall. APPLICANT: Owner: Architect: Engineer: St. Alphonsa Catholic Church Rashmi C Thomas Site Dev. Engineering, Inc. 200 S Heartz Road Rashmi Chandel Matthew Thomas Coppell, Texas 75019 6308 Capitol Hill Dr. 4604 Bill Simmons Road Phone: 469-360-7520 Arlington, Texas 76017 Colleyville, Texas 76034 Phone: 817-891-7918 Phone: 214-680-2728 rashmi@rashmic.com matthew@thomas-eng.com HISTORY: In October 2002, City Council approved a Site Plan request to allow a 1,558- square-foot expansion to the existing 29,500-square-foot church facility. In addition, 24 new parking spaces were added to accommodate the enlarged building. The overall approved development package included a porte cochere, a new rotunda, a breezeway connecting the main church building to an existing 11,000-square-foot building to its rear, and colonnade walls provided for architectural interest. The breezeway has yet to be constructed. In September 2008, City Council approved a Special Use Permit for T-Mobile to construct a 70-foot-high bell tower with stealth wireless communication antennas mounted inside and a 22' x 20' shelter at the base. Subsequently, this was constructed. In October 2011, Council approved a request to allow the co- location of antenna in the existing bell tower and an expansion of the shelter ITEM # 7 Page 2 of 3 housing the equipment from 22’ x 20’ to 22’ x 30’. This addition is currently under construction. HISTORIC COMMENT: There is no known historic significance related to the subject property. TRANSPORTATION: South Heartz Road is a C2U, two-lane undivided roadway built to standard in a 50-foot right-of-way. SURROUNDING LAND USE & ZONING: North - Single family residential; PD-166-SF-7 (Planned Development–166- Single Family-7) South - Single family residential; SF-7 (Single Family-7) East - Single family residential; SF-7(Single Family-7) West - Single family residential; SF-7(Single Family-7) COMPREHENSIVE PLAN: The Comprehensive Plan of March 2011, shows the property as suitable for residential neighborhood uses. DISCUSSION: As mentioned in the History section, this property first obtained site plan approval in October 2002, to expand the existing church facility. In 2008, a request for a Special Use Permit was approved specifically allowing the construction of a bell tower and the co-location of cellular facilities within the structure. An amendment to the SUP was approved in 2011 allowing for co-location of additional antennae and expansion of the equipment area. This request is to expand the parking area to the north and east adding 128 parking spaces to the total and to expand the main sanctuary area by 1,250 square feet. According to the calculations provided by the applicant, the total number of parking spaces required are 240 and total proposed are 245. The applicant is proposing to restripe the existing parking lot at the same time the new is constructed. The building materials of the expansion will match that of the existing church. The primary reason the Planned Development is being requested for the site alteration is related to the six-foot masonry wall requirement of the Zoning Ordinance. The applicant is proposing to use the existing wood fence on the north side and the existing chain link fence with proposed evergreen (Nellie R. Stevens, Live Oaks and Eastern Red Cedars) screening on the east side in lieu of the masonry wall. With a Planned Development, the variance to the ordinance may be included as a PD condition. For the site improvements, 36 overstory trees are required and 36 overstory and three accent trees are proposed to be planted with three additional Live Oaks to be transplanted on site. Staff recommends approval of this request. ITEM # 7 Page 3 of 3 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: 1. There may be additional comments during detailed engineering plan review. 2. Revise the Site Plan to show the exact dimensions of the expanded bell tower site that was previously approved. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Site Plan 2. Landscape Plan 3. Elevations FF 514.1ACWTFF 513.6ACTTelecomRiserTETTFF 513.6FF 513.7WCOGBRICK BUILDINGBRICK BUILDINGCONCRETE BUILDINGWaterMeterCleanoutGas Svc.TelecomRiserElec.Svc.10,740 SF3,982 SF14,700 SFFFE = 513.60FF 514.1ACWTFF 513.6ACTTelecomRiserTETTFF 513.6FF 513.7WCOGBRICK BUILDINGBRICK BUILDINGCONCRETE BUILDINGWaterMeterCleanoutGas Svc.TelecomRiserElec.Svc.10,740 SF3,982 SF14,700 SFFFE = 513.60':+56+0).+8'1#-Á61 $'64#052.#06'&+05#/' #4'#+(0''&'& %'&#4'./ %'&#4'./ %'&#4'./ .+8'1#- %*+0-#2+01#- '#56'40 4'&%'&#4 %*+0-#2+01#- 4'&1#- 5*7/#4& 4'&1#-%'&#4'./ %'&#4'./ .+8'1#- %4'2'/;46.' 674( 674( 674( 674( 674( 674( 674( 674(.+/+651(%105647%6+10.+/+651(%105647%6+10.+/+651(%105647%6+10.+/+651(%105647%6+10 .+/+651(%105647%6+10 .+/+651(%105647%6+10674( 6':#55#)' 415'/#4; 6':#55#)' 51(6;7%%#415'/#4; .+8'1#- '#56'404'&%'&#4 0'..+'456'8'05*1..;':+56+0)%*#+0.+0-('0%' $'4/7&#674()4#55 .+/+651(%105647%6+10 ':+56+0)64'' Scale: 1" = 30' PLANTING PLAN žž Jurisdiction of Project Landscaping Requirements Irrigation Requirements DRAWING KEY PLANT LIST REGULATORY AUTHORITIES: CITY OF COPPELL PLANNING & ZONING P.O. BOX 9478 COPPELL, TX 75019 972-304-3678 TEXAS DEPARTMENT OF LICENSING AND REGULATION ELIMINATION OF ARCHITECTURAL BARRIERS E.O. THOMPSON STATE OFFICE BUILDING 920 COLORADO AUSTIN, TEXAS 78701 (512) 463-3211 (512) 475-2886 (FAX) CITY OF COPPELL ARTICLE 34. LANDSCAPE REGULATIONS DIVISION 1. IN GENERAL 12-34-1 TO 12-34-9 DIVISION 2. TREE PRESERVATION REQUIREMENTS 12-24-2-1 TO 12-34-2-15 REQUIREMENTS FOR OFF-STREET PARKING AND VEHICULAR USE. A. INTERIOR LANDSCAPING - 25,355 SF PARKING & LOADING 10% REQUIRED LANDSCAPING REQUIRED - 2,535 SF PROVIDED - 3,813 SF 1 TREE PER 400 SF OF REQUIRED INTERIOR LANDSCAPING REQUIRED - 6.3 TREES PROVIDED - 16 TREES REQUIRED & PROVIDED - 1 TREE PER PARKING LOT ISLAND B. PERIMETER LANDSCAPING 15' LANDSCAPE BUFFER ON HEARTZ RD 10' LANDSCAPE BUFFER ON ALL OTHER PROPERTY LINES SCREENING PROVIDED ON HEARTZ RD BY LIVING BARRIER SCREENING PROVIDED ON NORTH BY WOOD FENCING SCREENING PROVIDED ON EAST/ALLEY BY LIVING BARRIER ONE TREE PER 50 LIN FT ON ALL PERIMETER LANDSCAPE HEARTZ RD - 168 LF REQUIRED - 4 CANOPY TREES PROVIDED - 4 CANOPY TREES NORTH PROPERTY LINE - 382 LF REQUIRED - 8 CANOPY TREES PROVIDED - 8 CANOPY TREES EAST/ALLEY PROPERTY LINE - 384 LF REQUIRED - 8 CANOPY TREES PROVIDED - 8 CANOPY TREES C. LANDSCAPE DOES NOT OBSTRUCT TRAFFIC VISIBILITY. D. THREE EXISTING TREES ON SITE OF 4" CAL. TREES TO REMAIN, OR TRANSPLANT TO APPROPRIATE LOCATION. UNDERGROUND AUTOMATIC SPRINKLING SYSTEM PROVIDED. SYSTEM DESIGNED AND INSTALLED ACCORDING TO TCEQ LAWS AND REGULATIONS PROVIDING FOR 100% COVERAGE ON ALL LANDSCAPE AND TURF. THE SYSTEM SHALL INCLUDE A FREEZE-RAIN SENSOR.('.&/#0&'5+)0567&+1521$QZ4KEJCTFUQP6GZCU2JQPGÁ(CZÁKPHQ"HGNFOCPFGUKIPEQO.#0&5%#2'2.#0 190'4 56.#.2*105#%#6*1.+%%*74%* 5*'#46<4& %122'..6: .#0&5%#2'#4%*+6'%6 ('.&/#0&'5+)0567&+15 21$1: 4+%*#4&5106':#5 ÁÁ ST. ALPHONSA CATHOLIC CHURCH FIRST ASSEMBLY OF GOD CHURCH SUBDIVISION BLOCK 1, LOT 1, 5.95 AC. CITY OF COPPELL, DALLAS COUNTY, TEXAS FACILITY UPGRADESST. ALPHONSA CATHOLIC CHURCH 200 SOUTH HEARTZ ROAD, COPPELL, TEXASDALLAS MAPSCO 1A-X 8+%+0+6;/#2 065 '0)+0''4 6*1/#55+6'&'8'.12/'06'0)+0''4+0)+0% $+..5+//10541#&%1..';8+..'6: #660/#6*'96*1/#52'2*  Á Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1366 File ID: Type: Status: 2013-1366 Agenda Item Passed 1Version: Reference: In Control: Planning 11/26/2013File Created: 12/10/2013Final Action: PD-237R5-HC/RBN, TrinsicFile Name: Title: PUBLIC HEARING: Consider approval of Case No. PD-237R5-HC/RBN, Trinsic, a zoning change request from A (Agriculture) to PD-237R5-HC/RBN (Planned Development-237-Revision 5-Highway Commercial/Residential Urban Neighborhood), to attach a Conceptual Plan for hotel, multifamily, retail and office uses on 20.74 acres of property located on the eastside of South Belt Line Road between East Dividend and Chartwell Drive. Notes: Agenda Date: 12/10/2013 Agenda Number: 15. Sponsors: Enactment Date: Cover Memo.pdf, Appeal Letter.pdf, Staff Report.pdf, Conceptual Development Plan.pdf, Conceptual Landscape Plan.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 12/10/2013City Council Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1366) Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council. Bill Dahlstrom and Adam Brown, representing the applicant, made a presentation to the Council. Dillip Pranav, 8530 Esters Blvd., representing the Chase Hospitality, LLC., addressed questions of Council. Todd Jones, 12700 Park Central Dr., Ste. 820, representing the Broker, addressed questions of Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. At 8:57 p.m. Council recessed the Regular Session and convened into an Executive Session. Mayor Hunt adjourned the Executive Session at 9:07 p.m. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Billy Faught, to close the Public Hearing and remand this project back to the Planning and Zoming Commission with fees waived. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1366 Title PUBLIC HEARING: Consider approval of Case No. PD-237R5-HC/RBN, Trinsic, a zoning change request from A (Agriculture) to PD-237R5-HC/RBN (Planned Development-237-Revision 5-Highway Commercial/Residential Urban Neighborhood ), to attach a Conceptual Plan for hotel, multifamily, retail and office uses on 20.74 acres of property located on the eastside of South Belt Line Road between East Dividend and Chartwell Drive. Summary Attached is correspondence from Adam Brown, Trinsic Residential Group, dated October 21, 2013, requesting to appeal the Planning & Zoning Commission’s denial of this request. Please be advised that given the Commission’s recommendation for denial, a ¾ vote of Council (6 out of 7) is required to approve this request. Staff Recommendation: On October 17, 2013, the Planning Commission unanimously recommended denial of this ZONING CHANGE (6-0). Commissioners Goodale, Sarma, Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends DENIAL as submitted. Goal Icon: Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: December 10, 2013 Reference: PD-237R5-HC/RBN, Trinsic, a zoning change request to attach a Conceptual Plan for hotel, multifamily, retail and office uses on 20.74 acres of property located on the eastside of South Belt Line Road between East Dividend and Chartwell Drive. 2030: none Introduction: The Conceptual Plan for this property indicates a potential development of a 5-story, 120 room hotel on 2.7 acres along Chartwell Drive, and four, 1 and 2 story retail buildings (totaling almost 93,000 square feet) along the northern 7 acres, along Dividend. Over half of the land (12 acres) is proposed for 331 multifamily units. This property has been designated on the Future Land Use map of the Comprehensive Plan for Mixed Use Community Center, which by definition is intended for “mixed use retail and office, higher density residential all combined in multi-story buildings”. This Conceptual Development Plan does not meet the purpose or intent of those regulations, whereas there is not the integration of those uses as envisioned in this Land Use Category. Analysis: On October 17, 2013 the Planning Commission unanimously recommended DENIAL of this request. Please be advised that given the Commission’s recommendation for denial, a ¾ vote of Council (6 out of 7) is required to approve this request. Legal Review: This item did not require City Attorney Review Fiscal Impact: None Recommendation: The Planning Department recommends Denial Attachments: Applicant’s Appeal letter, Staff Report Conceptual Development Plan and Conceptual Landscape Plan ITEM # 6 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-237R5-HC/RBN, Trinsic P&Z HEARING DATE: October 17, 2013 C.C. HEARING DATE: November 12, 2013 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: Eastside of South Belt Line Road between East Dividend and Chartwell Drive SIZE OF AREA: 20.74 acres of property CURRENT ZONING: A (Agriculture) REQUEST: A zoning change to PD-237R5-HC/RBN (Planned Development-237-Revision 5- Highway Commercial/Residential Urban Neighborhood), to attach a Conceptual Plan for hotel, multifamily, retail and office uses. APPLICANT: Owner Applicant Hackbelt 27 Partners, L.P. Trinsic Acquisition Co., LLC 1218 Chandler Circle Adam Brown Prosper, TX. 75078 3100 Monticello Ave. (972) 346-2162 Suite 900 Email: samsue1@sbcglobal.net Dallas, TX, 75205 (214) 462-7190 Fax: (214) 468-4114 Email: gbrown@trinsicres.com HISTORY: There have been a number of proposals for development of this property, some conceptual, some resulting in Commission and Council action. The most recent request, similar to the one submitted here, was heard by Council in January of 2011. At that time the request reflected hotel, office, and retail development. That request was denied by Commission and Council by unanimous vote. HISTORIC COMMENT: We have found nothing of historic significance attached to this property TRANSPORTATION: Beltline Road is a six-lane, divided, concrete roadway constructed to standard within a 110-foot right-of-way. Dividend Drive is a two-lane concrete road contained within a 65-foot right-of-way. Chartwell is an asphalt hog-back road in need of major repair/construction within a variable width right-of-way. ITEM # 6 Page 2 of 2 SURROUNDING LAND USE & ZONING: North: Existing gas station; Planned Dev. 237-R4-HC and “A”, Agriculture South: vacant and bank building: “A”, Agriculture and City of Irving East: vacant: City of Dallas and Cypress Waters land West: three-story office building and vacant: PD-221, HC COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows this land as appropriate for Mixed Use Community Center. DISCUSSION: The broker for this property approached the city several years ago, and on two different occasions discussed the possibility of apartment development being allowed on this parcel. At that time it was felt the proposed use was not in the best interest of the city, as we were looking for a more creative and innovative land development plan. Subsequent to those discussions, the broker, representing the owner of the property, filed a zoning request in late 2010 requesting hotel, retail, and office development. That request was unanimously denied by Council in January of 2011. In March of 2011 Council adopted Coppell 2030, A Comprehensive Master Plan which recommended that this property be used for mixed use development. In defining the Mixed Use concept, the plan states, in part: “...retail, restaurant, entertainment, civic…and residential dwellings…typically in multi-story structures”. By definition, mixed use relates to a number of uses integrated into “multi-story” structures. This Concept Plan has no integration of primary uses, as they are independent of one another in free-standing buildings. To reiterate the point stated in the Master Plan, mixed use is retail and office, higher density residential all combined in multi-story buildings. This concept plan depicts apartments, retail, and hotel users all on separate parcels of land. It is nothing more than what we have today in strip centers, apartment complexes and free standing retail buildings. This request for a conceptual mixed use project is misdirected, erroneously interprets the Comprehensive Plan and proposes a development that lacks creativity, imagination, and vision. We cannot support this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of this Conceptual Planned Development as it does not meet the objectives of the Comprehensive Master Plan. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Conceptual Development Plan 2. Conceptual Landscape Plan 20' WATERESMTWATER ESMT25' WATER & SS ESMT25' WATER & SS ESMT25' WATER& SS ESMTLOT AREA:+/- 2.67 ACRESLAND USE:HOTEL 120 GUEST ROOMSNUMBER OF STORIES, HEIGHT:5 STORY, NOT TO EXCEED 70' BLDG. HT.PARKING PROVIDED:143 SPACESLESLEY RETAIL ADDITIONBLOCK: AHOTEL TRACT - LOT 10' 20' 50' 100'971717181897467764B.T. II69 UNITS20 GARAGESB.T. I80 UNITS9 GARAGESB.T. III30 UNITS14 GARAGESB.T. IV59 UNITS15 GARAGESB.T. V30 UNITS14 GARAGES HOTEL86,230 sq. ft.5 STORY+/- 2.67 ACRESBELT LINE ROADCHARTWELL DRIVE159131394VILLAGE GREEN88886G1210781254URBAN DWELLING UNITS+/- 11.18 ACRES76G1010131078819131813199EAST DIVIDEND DRIVE59141111PEDESTRIANOPEN AREAPEDESTRIANOPEN AREACONCEPTUALCONCEPTUAL15188726COMMERCIAL+/- 6.89 ACRES1010101068BLDG 2TWO STORYB.T. IV59 UNITS15 GARAGES2626265518GATEMAILB.T. VI2 UNITS8 GARAGESB.T. VI2 UNITS8 GARAGESVILLAGE GREENBLDG 3TWO STORYBLDG 4TWOSTORYBLDG 1ONESTORYN181571634209LOT AREA:+/- 11.18 ACRESLAND USE:URBAN DWELLING 331 UNITS(30 DWELLING UNITS PER ACRE)NUMBER OF STORIES, HEIGHT:3 STORY, NOT TO EXCEED 40' BLDG. HT.PARKING PROVIDED:540 SPACESLESLEY RETAIL ADDITIONBLOCK: AURBAN DWELLINGS TRACT - LOT 2LOT AREA:+/- 6.89 ACRESLAND USE:OFFICE/ RETAIL/ RESTAURANT 92,860 sq.ft.NUMBER OF STORIES, HEIGHT:1 + 2 STORY, NOT TO EXCEED 40' BLDG. HT.PARKING PROVIDED:369 SPACESLESLEY RETAIL ADDITIONBLOCK: ACOMMERCIAL TRACT - LOT 3CLUB/LEASING/FITNESSLOT 1LOT 2LOT 3MIN. TYP.24' - 0"330' - 0"620' - 0"24' - 0"19' - 0”19' - 0”19' - 0”2' - 0”19' - 0”19' - 0”2' - 0”24' - 0"19' - 6"19' - 5”78' - 6"55' - 11”64' - 8"9' - 0"9' - 0"19' - 0"19' - 0"24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANER 30' - 0"R 30' - 0"R 30' - 0"R 30' - 0"R 30' - 0"77' - 0"62' - 0"101' - 2"73' - 6"R 30' - 0"R 30' - 0"90' - 11”60' - 0"118' - 0”28' - 1”974' - 2"266' - 0"324' - 0"30' - 0"483' - 10"620' - 0"30' - 0"300' - 0"644' - 2"483' - 10"LEGENDTO CURB FACER 50' - 0"DECEL LANETRASH COMPACTOR6' HIGH MASONRYENCLOSURE WITHGATE OF SOLIDSCREENINGMATERIAL6' HIGH MASONRYENCLOSURE WITHGATE OF SOLIDSCREENING MATERIAL24' - 0"19' - 0”19' - 0”19' - 0”19' - 0”19' - 0”19' - 0”19' - 0”19' - 0”24' - 0"24' - 0"24' - 0"24' - 0"24' - 0"19' - 0”24' - 0"19' - 0”19' - 0"19' - 0"19' - 0"9' - 0"19' - 0"24' - 0"19' - 0"1880' - 0"100' - 0"99' - 6"99' - 6"60' - 0"65' - 0”624' - 0"BUILDING SETBACKPROPERTY LINEFIRE LANESIDEWALKENTRY PLAZA24' - 0"24' - 0"354' - 0"266' - 0"19' - 0”TO BACK OFWHEEL STOP9' - 0"1' - 0”DEMARESTARCHITECTURE801 Core St. Suite B, Dallas, TX 75207 T: 214.748.6655 F: 214.748.5060 1" = 50'-0"Aura CoppellConceptual Development Plan13015Coppell, Texas10/08/13 PERMIT ISSUE DATE: SHEET NO. JOB NO. COPYRIGHT (C) 2013 ARCHITECTURE DEMAREST, L.P. ALL IDEAS, DESIGNS, ARRANGEMENTS, PLANS, AND SPECIFICATIONS INDICATED OR REPRESENTED BY THIS DRAWING AS INSTRUMENTS OF SERVICE ARE AND SHALL REMAIN THE EXCLUSIVE INTELLECTUAL PROPERTY OF ARCHITECTURE DEMAREST, L.P. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THIS SPECIFIED PROJECT ONLY. NONE OF SUCH IDEAS, DESIGN, ARRANGEMENTS OR PLANS SHALL BE USED ON ANY OTHER PROJECT OR EXTENSIONS OF THIS PROJECT OR USED BY OR DISCLOSED TO ANY PERSON, FIRM OR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION FORM AND APPROPRIATE COMPENSATION TO ARCHITECTUREDEMAREST, L.P. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITY FOR VERIFYING ALL DIMENSIONS ON THIS PROJECT AND NOTIFIYING ARCHITECTURE DEMAREST, L.P. OF ANY DEVIATIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITY FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, CONFIRMING COORDINATION AND FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT. ARCHITECTURE DEMAREST, L.P. WILL NOT BE RESPONSIBLE FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT.NOT FOR REGULATORYAPPROVAL, PERMITTING ORCONSTRUCTIONCONSTRUCTION ISSUE DATE:Coppell, TexasAura Coppell13015Trinsic Residential Group10-08-2013Site Plan ReivewRevision Schedule No.Date Description L 3Conceptual DevelopmentLandscape PlanN O R T H 0 100'50'25'10' LOT AREA: +/- 6.89 ACRES LAND USE: OFFICE/ RETAIL/ RESTAURANT 92,860 sq.ft. NUMBER OF STORIES, HEIGHT: 1+2 STORY, NOT TO EXCEED 40' BLDG. HEIGHT; PARKING PROVIDED: 369 SPACES LOT AREA: +/- 11.18 ACRES LAND USE: URBAN DWELLING 331 UNITS (30 DWELLING UNITS PER ACRE) NUMBER OF STORIES, HEIGHT: 3 STORIES, NOT TO EXCEED 40' BLDG. HEIGHT; PARKING PROVIDED: 540 SPACES LOT AREA: +/- 2.67 ACRES LAND USE: HOTEL 120 GUEST ROOMS NUMBER OF STORIES, HEIGHT: 5 STORIES, NOT TO EXCEED 50' BLDG. HEIGHT; PARKING PROVIDED: 143 SPACES Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1367 File ID: Type: Status: 2013-1367 Agenda Item Pulled 1Version: Reference: In Control: Planning 11/26/2013File Created: 12/10/2013Final Action: PD-237R6-RBN, Trinsic-AuraFile Name: Title: PUBLIC HEARING: Consider approval of Case No. PD-237R6-RBN, Trinsic-Aura, a zoning change request from PD-237R5-HC/RBN (Planned Development-237-Revision 5-Highway Commercial/Residential Urban Neighborhood) to PD-237R6-RBN (Planned Development-237-Revision 6-Urban Residential Neighborhood ), to attach a Detail Site Plan for 331 multifamily units and accessory uses on 11.18 acres of property located on the eastside of South Belt Line Road between East Dividend and Chartwell Drive. Notes: Agenda Date: 12/10/2013 Agenda Number: 16. Sponsors: Enactment Date: Cover Memo.pdf, Appeal Letter.pdf, Staff Report.pdf, Blade Sign.pdf, Planned Development Conditions.pdf, Site Plan.pdf, Exterior Elevations(6 pages).pdf, Perspective Drawing.pdf, Landscape Plan.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Pulled12/10/2013City Council This item was withdrawn at the request of the applicant. Action Text: Text of Legislative File 2013-1367 Title PUBLIC HEARING: Consider approval of Case No. PD-237R6-RBN, Trinsic-Aura, a zoning change request from PD-237R5-HC/RBN (Planned Development -237-Revision 5-Highway Commercial/Residential Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1367) Urban Neighborhood) to PD-237R6-RBN (Planned Development-237-Revision 6-Urban Residential Neighborhood ), to attach a Detail Site Plan for 331 multifamily units and accessory uses on 11.18 acres of property located on the eastside of South Belt Line Road between East Dividend and Chartwell Drive. Summary Attached is correspondence from Adam Brown, Trinsic Residential Group, dated October 21, 2013, requesting to appeal the Planning & Zoning Commission’s denial of this request. Please be advised that given the Commission’s recommendation for denial, a ¾ vote of Council (6 out of 7) is required to approve this request. Staff Recommendation: On October 17, 2013, the Planning Commission unanimously recommended denial of this ZONING CHANGE (6-0). Commissioners Goodale, Sarma, Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends DENIAL as submitted. Goal Icon: Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: December 10, 2013 Reference: PD-237R6-RBN to attach a Detail Site Plan for 331 multifamily units and accessory uses on 11.18 acres of property located on the eastside of South Belt Line Road between East Dividend and Chartwell Drive. 2030: None Introduction: As detailed in the staff report on the Conceptual Development Plan, this request does not meet the purpose or intent of what was envisioned for this property in the 2030 Comprehensive Plan. This request is for a 30 dwelling unit per acre apartment complex which could be built independently of the other two parcels (the retail and hotel) further negating the mixed use concept. Analysis: On October 17, 2013 the Planning Commission unanimously recommended DENIAL of this request. Please be advised that given the Commission’s recommendation for denial, a ¾ vote of Council (6 out of 7) is required to approve this request. Legal Review: This item did not require City Attorney Review Fiscal Impact: None Recommendation: The Planning Department recommends Denial Attachments: Applicant’s Appeal letter, Staff Report, PD Conditions, Sign Plan, Site Plan, Elevations, Landscape Plans, and Perspective Drawing CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-237R6-RBN, Trinsic-Aura P&Z HEARING DATE: October 17, 2013 C.C. HEARING DATE: November 12, 2013 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: Eastside of South Belt Line Road between East Dividend and Chartwell Drive SIZE OF AREA: 11.18 acres of property CURRENT ZONING: “A” Agriculture REQUEST: A zoning change to PD-237R6-RBN (Planned Development-237-Revision 6- Urban Residential Neighborhood), to attach a Detail Site Plan for 331 multifamily units and accessory uses. APPLICANT: Owner Applicant Hackbelt 27 Partners, LP Trinsic Acquisition Co., LLC 1218 Chandler Circle Adam Brown Prosper, TX. 75078 3100 Monticello Ave. (972) 346-2162 Suite 900 Email: samsue1@sbcglobal.net Dallas, TX. 75205 (214) 462-7190 Fax: (214) 468-4114 Email: gbrown@trinsicres.com HISTORY: There have been a number of proposals for development of this property, some conceptual, some resulting in Commission and Council action. The most recent request, similar to the one submitted here, was heard by Council in January of 2011. At that time the request reflected hotel, office, and retail development. That request was denied by Commission and Council by unanimous vote. HISTORIC COMMENT: We have found nothing of historic significance attached to this property. TRANSPORTATION: Beltline Road is a 6 lane, divided, concrete roadway constructed to standard within a 110 foot right-of-way. Dividend Drive is a two lane concrete road contained within a 65 foot right-of-way. Chartwell is an asphalt hog-back road in need of major repair/construction within a variable width right-of-way. ITEM # 7 Page 1 of 3 SURROUNDING LAND USE & ZONING: North: Existing gas station; Planned Development 237-R4-HC and “A”, Agriculture South: vacant and bank building; “A”, Agriculture and City of Irving East: vacant; City of Dallas and Cypress Waters land West: 3 story office building and vacant; PD-221-HC COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows this land as appropriate for Mixed Use Commercial Use. DISCUSSION: Discussion concerning this case could be minimized if the Conceptual Plan requested prior to this case is denied. There would be no reason for extended comments because zoning required to allow the detailed development had already failed. On numerous occasions, staff expressed doubt about this proposal in advisory meetings. However, the applicant elected to move forward and has expended considerable resources on this plan. It might be helpful to outline our reasons for discouraging this development for future reference. You have been provided a large number of exhibits submitted by this applicant. They include PD Conditions, Site Plan, Elevations, Landscape Plans, and a perspective drawing of what is, in fact a three story, 331 unit apartment complex at 30 units per acre. There is no mixed use provided in this plan. There is no assurance that the conceptual hotel, retail, and other uses will ever be built. As one observer of this project commented, one would be advised to get the hotel and other more appropriate uses with a mix of shared commercial, office, restaurant leases before any consideration be given to a residential project! That, in essence is the bottom line on this proposal: it does not conform to several elements of the Zoning Ordinance including sign size, balconies being screened from public streets, provision of three-foot tall landscape buffers adjacent to parking spaces along public streets, the creation of building minimal setbacks from public streets and others. These discrepancies could be resolved. What cannot be corrected is the fact that this proposal does not conform to the Comprehensive Plan. That is an important short coming of this project. In short, this is simply not a mixed-use commercial development. Plain and simple, this is an apartment project that does not reflect mixed use development. Staff cannot support this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of this request as it does not comply with the Comprehensive Master Plan. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Sign and PD Conditions 2. Site Plan (Sheet A110-1) 3. Building Elevations (Sheets A401 through 406) ITEM # 7 Page 2 of 3 4. Perspective Drawing (Sheet L4) 5. Landscape Plan (Sheets L1 and L2) ITEM # 7 Page 3 of 3 10 ft - 6 in9 in 1 ft - 1 in 1 ft - 8 in ILLUMINATED PUSH THROUGH ACRYLIC LETTERING WITH OPAQUE VINYL LIGHT MASK ILLUMINATED PUSH THROUGH ACRYLIC ICON WITH TRANSLUCENT VINYL REVERSE CHANNEL LETTERS WITH INTERNAL ILLUMINATION AT REAR, PROVIDING HALO SPLASH LIGHTING 10 ft - 6 in2 ft - 2 in 2” DEEP ACCENT PAN WITH PIN-RAISED REVERSE CHANNEL LETTERING 3 ft - 8 in 1 ft - 0 in 2 ft - 8 in 15 ft - 0 in15 ft - 0 in15 ft - 0 in3 ft - 8 in 1 ft - 0 in BLADE SIGN (40 SQ. FT.) 2 ft - 8 in STRUCTURAL LIGHT BOX WITH INTERNAL ILLUMINATION AT TOP & BOTTOM FOR PUSH-THROUGH GRAPHIC ELEMENTS POWER CONNECTION RATED 120V @ 20A ON DEDICATED BREAKER WITH TIMER THROUGH THIS 4” DIAMETER ARMATURE ©2013 All ideas, arrangements and plans indicated or represented by these drawings are the property of Fource Communications, Ltd. and were created, evolved and developed for use on and in connection with the specified project. No part of the drawings, designs, arrangements or ideas herein shall be duplicated or used for any purpose whatsoever without the express written consent of Fource Communications, Ltd. EXTERIOR SIGNAGE 09/13/2013 JEH ES.01.01 SHEET NO. DESIGNER INITIALS ???-?? JOB NO. Your signature acknowledges full approval of the design layout and its content, releasing Fource Communications, Ltd. from any responsibility regarding incorrect information and design. Any colors shown are only representative of actual colors to be used. Final colors will be matched as closely as possible. Colors shown tend to vary due to some materials used in the industry. APPROVAL SHEET TITLE DATEAURA CoppellTrinsic Residential GroupCoppell, Texas Aura Coppell"RBN" Residential Urban Neighborhood / T-6 Urban Core Zone ComparisonSectionRequired RBNProvided RBN Required T-6Provided T-6Section 12-18A-1 Use RegulationsAny use permitted in the 2F-9, TH-1, TH-2, MF-1, MF-2 Districts, or combination of usesMF-2 District High density urban residential dwellings (attached) typically in multi-story structures. Providing multi-story high density urban residential dwellings (attached) structures. Section 12-18A-2 Height regulationsMaximum height 35' ft. or 3 stories Providing 3 stories, along a Beltline transit corridor. Maximum height 45'.Generally 2-4 stories in height Providing 3 stories, along a Beltline transit corridor. Maximum height 45'.Section 12-18A-3 Area Regulations/ Table 12-18A-1Front yards landscaped and shall not contain any paving except for driveways perpendicular to street and pedestrian areas including walkways and plazasProviding front landscaped with walkway and entry plaza incorporated at front entrance to leasing. Local slip street incorporated for ease of access to adjacent properties in PD off busy street. Parking provided for residence and guests along interior streets. A continuous, defined street edge is maintained with building frontages placed close to the sidewalk.Providing a continuous setback, defined street edge maintained with building frontages placed close to sidewalkFront yard setback off local street- 10', boulevard street 15'Providing front yard setback off local/interior street 10', boulevard street 15'.Most buildings are attached, with their front facades aligned. Front facades are aligned with street edge. Minimum side yards, not adjacent to streets MF -Building separation:10'w/out openings 15' w/openingsProviding minimum side yards 10'w/out openings, 15' w/openings.Job # 13010Printed:10-02-20131 SectionRequired RBNProvided RBN Required T-6Provided T-6Rear yards (not garage) 20' Rear yards provided 10'Maximum lot coverage 50%Maximum lot coverage provided 75%Open space/common space- min. 15% open space, pedestrian access to open/common spaceProviding 15% open space/pedestrian access to open/common spaceAll buildings shall have their primary entrance oriented to street.Multi-family entrances include entrances to individual units, lobby entrances, or breezeway/courtyard entrances oriented to the street. Buildings with entrances oriented to side yard provide direct pedestrian walkway is provided between entrance and street. At least one entrance is provided not more than 20' from closest sidewalk or street. Building walls and entries are oriented towards the primary street. The street level has a transparent quality, with passing pedestrians and vehicles able to see activity within the building.Providing building walls and entries that oriented towards the primary street. The street level has a transparent quality, with passing pedestrians and vehicles able to see activity within the building.Off-street parking drives or other vehicle areas shall be placed between bldg. and streetsParking provided off of entrance and slip streets for guests and tenantsPublic parking is provided on-streetProviding parking off entrance drive and slip street for guests and tenantsSection 12-18A-5 Arch. Guidelines/Stand.Where elevations are adjacent to a street, min. 50% of front elevation and min. of 25% of side and rear bldg. elevations, shall be doors, porches, balconies, and/or windows.Providing buildings with elevations containing min. of 50% front and min. 25% side and rear elevations with doors, porches, balconies, and/or windows.Architectural character may be diverse, but when adjacent to established neighborhooContinuous horizontal distance end-wall to end wall of individual building shall not exceed 250'Individual buildings have varying lengths, greatest being 280' end- wall to end-wallSection 12-18A-4 Building OrientationJob # 13010Printed:10-02-20132 SectionRequired RBNProvided RBN Required T-6Provided T-6Vertical face of structure shall have at least two design features every 20' to 30' on each floor Vertical faces of bldgs. provide recess of min. 4' depth (e.g. deck, patio, courtyard, entrance, etc.) Extension projects a min. of two feet and fun min. 4', offsets or breaks in roof elevation of 2' or greater in Detailed design shall include at least three architectural elements on all elevations.Providing at least three architectural features on all street facing elevations. Open space takes the form of Squares and Plazas, providing a variety of places for outdoor gatherings. Providing a centrally located Village Green area for outdoor gatherings.Section 12-18A-6 Type of Ext. Construct.At least 80% of exterior of all structures shall be of masonry construction exclusive of doors and windows. Each story above the first floor of a straight wall structure shall be of at least 80% masonry exclusive of doors, windows, and the area above the top plate line.Providing 80% masonry for all exterior elevation.MF parking shall not be located between bldgs. and public street right-of-wayProviding parking between bldg. and interior streets not inside the public street right-of-way.Two parking spaces shall be provided for every 1-2 bedroom units and 2.5 parking spaces per 3 bedroom unitProviding 1.6 spaces per units including guest parking, garages and 50% tandem spaces = 540.Min. covered parking spaces shall be provided for at least 50% of the total required parking spaces, not including guest parking compatible with main structure.Providing 25% covered parking Job # 13010Printed:10-02-20133 SectionRequired RBNProvided RBN Required T-6Provided T-6In addition to required off-street parking, another 1/2 behind curb line per unit is required for guest parking. Spaces located within 600 feet of respective units, on-site or on-street. Guest parking is included in total parking listed above. 78 shared guest/tenant spaces are being provided outside gates plus 43.5 tandem spaces included in front of garages.On-street parking shall be designed for safe and efficient movement into and out of travel lanes.Head in on-street parking is provided along interior streets and off Belt Line Road. Streetscape area vary in width depending on type of street and build-to line.Providing 10' build-to at internal street along Beltline. Providing 15' build-to off entrance boulevard street.Commercial uses and transit services area accessible to residents within a short walking distance.Future commercial uses and transit services areas will be accessible to residents within a short walking distance.Street trees shall be provided on private property along all street frontage as follows: 40' on center if not individually platted lots; trees shall be overstory trees, min. 3" caliper at time of planting, selected from plant pallet.Trees provided 40' on center along street frontage, min. 3" caliper at time of planting.Circulation is provided by a system of interconnected streets with pedestrian and bicycle facilities and streetscape amenities.Providing a system of interconnected streets with pedestrian and bicycle facilities and streetscape amenities.Sidewalks located 5' from back of curb and may vary depending on built-to line and street classification but can be no less than 4' width.Providing 5' sidewalks throughout. Throughfares are typically boulevards, avenues, and residential streets with an urban character.Providing boulevard entry and internal streets with urban character.Sidewalks are wide, generally 6 to 20 feet.Sidewalks along slip street and boulevard are minimum 6 feet wide.Section 12-18A-9 Mechanical EquipmentMechanical equipment shall be constructed, located and screened Providing screened mechanical units.Section 12-18A-8 Streetscape DesignJob # 13010Printed:10-02-20134 SectionRequired RBNProvided RBN Required T-6Provided T-6Section 12-18A-10 Refuge FacilitiesEvery dwelling unit shall be located within 250 feet of a refuse facility, at least 6 cubic yards per 30 dwellings, one recycle, gated refuge enclosure, safe/convenient location Providing one trash compactor - combination refuse and recycle will be provided located for convenient/safe pickupSection 12-18A-11 Other Applicable Reg.Development within this district shall comply with the development regulations applicable to the uses and regulations within Chapter 12, Zoning of the Coppell Code of Ordinances as amended.Job # 13010Printed:10-02-20135 20' WATERESMTWATER ESMT25' WATER & SS ESMT25' WATER & SS ESMT25' WATER& SS ESMTUPNORTH LAKE635 L.B.JOHNSONBELT LINE RDDIVIDEND DRCHARTWELL DRRANCH TRAILEXISTING ZONE:AGRICULTUREPROPOSED USE:MIXED-USE URBAN DWELLING UNITS-331 (30 dwelling units per acre)SQ FT OF EACH PROPOSED USE:URBAN DWELLING UNITS-398,557 sq. ft.CLUB/ LEASING/ FITNESS- 7,715 sq. ft.BUILDING AREA (gross sq. ft.) :TOTAL BUILDING AREA-407,180 sq. ft.BUILDING HEIGHT:NOT TO EXCEED 40'PROVIDED PARKING:TOTAL PARKING PROVIDED -540 spaces (1.6 spaces per unit)PROPOSED LOT COVERAGE:75%FLOOR AREA RATIO: .8SITE DATA TABLEN0' 20' 50' 100'B3B1B3A2B2A1A1A1A1A1A1A2B2A3A3A1A1A1C1A1A1A1A1B3B1A2A2A2A3A3B1B4A1B3VICINITY MAPFENCE WITHPEDESTRIAN GATEMIN. TYP.24' - 0"CALL BOXFENCE, GATE ANDPEDESTRIAN ENTRYFENCEMAILCITY OF COPPELLCITY OF DALLASEXIT GATE ONLYPROPERTY LINE15 FT. BUILDING SETBACKFENCEPROPERTY LINE974' - 2"266' - 0"324' - 0"30' - 0"330' - 0"30' - 0"300' - 0"644' - 2"483' - 10"620' - 0"FENCELESLEY PROPERTIES, LTD.1218 Chandler CircleProsper, Texas 75078Contact: Sam RamseyTRINSIC RESIDENTIAL GROUP3100 Monticello Avenue, Suite 900Dallas, Texas 75205Contact : Adam N. BrownARCHITECTURE DEMAREST801 Core Street, Suite BDallas, Texas 75207Contact: Susan WrightCATES-CLARK & ASSOCIATES14800 Quorum Drive, Suite 200Dallas, Texas 75254Contact: Mike ClarkTBG5307 E. Mockingbird Lane, Suite 120Dallas, Texas 75206Contact: Will Jones15 FT.BUILDINGSETBACK15 FT.BUILDINGSETBACK15 FT. BUILDING SETBACKOWNER(214) 538-4784(972) 346-2162APPLICANT(214) 462-7190ARCHITECT(214) 748-6655CIVIL ENGINEER(972) 385-2272LANDSCAPE ARCHITECT(214) 744-0757NOT TO SCALEBUILDING SETBACKPROPERTY LINEFIRE LANESIDEWALKENTRY PLAZAFENCESUBDIVISION NAME : LESLEY RETAIL ADDITIONBLOCK: ALOTS: HOTEL TRACK - LOT1 URBAN DWELLING TRACK - LOT2 COMMERCIAL TRACK - LOT3GENERAL NOTES1. ALL LIGHTING FACILITIES, SECURED LIGHTING WILL INCORPORATE SCREENING AND GLARE SHADES.2. BLADE SIGN TO BE 40 S.F. SEE NORTH ELEVATION BUILDING I.3. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED.4. MINIMUM ENTRANCE GATE SHALL BE A 20' GATE.5. GATES SHALL BE EITHER SWINGING OR SLIDING6. ELECTRIC GATE SHALL BE EQUIPPED WITH A KNOX BOX24' - 0"19' - 0”19' - 0”19' - 0”2' - 0”19' - 0”19' - 0”2' - 0”24' - 0"BLADE SIGNFREEWAY SPECIAL DISTRICTA2A2A2A2A3A3A2A2B1A2A2B1A2A2A2A2A2A2A2A2A2A2A2A2A2A2A2A2B1A2A2B1B3A2A2B1A3A3A2A2A2B3B4A2A2A2A3A3A2A3A3A2A2B1C1B2B3B1B1B3A3A3B3A2A2A1A1A1A2A2A119' - 6"19' - 5”78' - 6"A1A1A1A1A1A1A1A1A1A1A1A155' - 11”64' - 8"CITY OF DALLASCITY OF COPPELL9' - 0"9' - 0"24' - 0"19' - 0”19' - 0”19' - 0”19' - 0”19' - 0”19' - 0”19' - 0”19' - 0”24' - 0"24' - 0"24' - 0"24' - 0"24' - 0"R 30' - 0"R 30' - 0"R 30' - 0"R 30' - 0"R 30' - 0"R 30' - 0"R 30' - 0"77' - 0"62' - 0"101' - 2"73' - 6"90' - 11”60' - 0"118' - 0”28' - 1”LEGEND1 BEDROOMNET S.F.# UNITSA164182A2762135A384036A4106642 BEDROOMB1111624B2115410B3129027B4133773 BEDROOMC114096TOTAL BEDROOMS = 411PRELIMINARY UNIT AREA TABULATION483' - 10"620' - 0"TO CURB FACER 50' - 0"6' HIGH MASONRYENCLOSURE WITHGATE OF SOLIDSCREENING MATERIAL19' - 0”24' - 0"19' - 0”971717181897467764B.T. II69 UNITS20 GARAGESB.T. I80 UNITS9 GARAGESB.T. III30 UNITS14 GARAGESB.T. IV59 UNITS15 GARAGESB.T. V30 UNITS14 GARAGES HOTEL86,230 sq. ft.5 STORY+/- 2.67 ACRESBELT LINE ROADCHARTWELL DRIVE159131394VILLAGE GREEN88886G1210781254URBAN DWELLING UNITS+/- 11.18 ACRES76G1010131078819131813199EAST DIVIDEND DRIVE59141111PEDESTRIANOPEN AREAPEDESTRIANOPEN AREACONCEPTUALCONCEPTUAL15188726COMMERCIAL+/- 6.89 ACRES1010101068BLDG 2TWO STORYB.T. IV59 UNITS15 GARAGES2626265518B.T. VI2 UNITS8 GARAGESB.T. VI2 UNITS8 GARAGESVILLAGE GREENBLDG 3TWO STORYBLDG 4TWOSTORYBLDG 1ONESTORY181571634209CLUB/LEASING/FITNESSLOT 1LOT 2LOT 3TRASH COMPACTOR6' HIGH MASONRYENCLOSURE WITHGATE OF SOLIDSCREENINGMATERIAL6' HIGH MASONRYENCLOSURE WITHGATE OF SOLIDSCREENING MATERIAL19' - 0"19' - 0"19' - 0"19' - 0"24' - 0"19' - 0"18680' - 0"100' - 0"99' - 6"DECEL LANE99' - 6"60' - 0"65' - 0”24' - 0"24' - 0"24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANE24' FIRE LANEN354' - 0"266' - 0"19' - 0”TO BACK OFWHEEL STOP9' - 0"1' - 0”PERMIT ISSUE DATE:SHEET NO.JOB NO.ARCHITECTURE DEMARESTCOPYRIGHT (C) 2013 ARCHITECTURE DEMAREST, L.P. ALL IDEAS, DESIGNS, ARRANGEMENTS, PLANS, AND SPECIFICATIONS INDICATED OR REPRESENTED BY THIS DRAWING AS INSTRUMENTS OF SERVICE ARE AND SHALL REMAIN THE EXCLUSIVE INTELLECTUAL PROPERTY OF ARCHITECTURE DEMAREST, L.P. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THIS SPECIFIED PROJECT ONLY. NONE OF SUCH IDEAS, DESIGN,ARRANGEMENTS OR PLANS SHALL BE USED ON ANY OTHER PROJECT OR EXTENSIONS OF THIS PROJECT OR USED BY OR DISCLOSED TO ANY PERSON, FIRM OR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION FORM AND APPROPRIATE COMPENSATION TO ARCHITECTUREDEMAREST, L.P. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITYFOR VERIFYING ALL DIMENSIONS ON THIS PROJECT AND NOTIFIYING ARCHITECTURE DEMAREST, L.P. OF ANY DEVIATIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITY FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, CONFIRMING COORDINATION AND FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT. ARCHITECTURE DEMAREST, L.P. WILL NOT BE RESPONSIBLE FOR CONSTRUCTIONMEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT.C ARCHITECTURE DEMAREST, L.P.ALL RIGHTS RESERVEDCONSTRUCTION ISSUE DATE:A110-1Site PlanCoppell, TexasAura Coppell13015Trinsic Residential GroupSUBMISSION DATE10-08-2013Site Plan Reivew 1" = 50'-0"1Conceptual Site PlanRevision ScheduleNo. Date Description ALL A/C UNITS ON ROOF BEHIND PARAPETS4" 12"4" 12"37' - 4”44' - 2”221' - 7 1/2"4" 12"4" 12"248' - 5"4" 12"4" 12"220' - 0 1/2"4" 12"4" 12"249' - 7 1/2"PERMIT ISSUE DATE:SHEET NO.JOB NO.ARCHITECTURE DEMARESTCOPYRIGHT (C) 2013 ARCHITECTURE DEMAREST, L.P. ALL IDEAS, DESIGNS, ARRANGEMENTS, PLANS, AND SPECIFICATIONS INDICATED OR REPRESENTED BY THIS DRAWING AS INSTRUMENTS OF SERVICE ARE AND SHALL REMAIN THE EXCLUSIVE INTELLECTUAL PROPERTY OF ARCHITECTURE DEMAREST, L.P. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THIS SPECIFIED PROJECT ONLY. NONE OF SUCH IDEAS, DESIGN,ARRANGEMENTS OR PLANS SHALL BE USED ON ANY OTHER PROJECT OR EXTENSIONS OF THIS PROJECT OR USED BY OR DISCLOSED TO ANY PERSON, FIRM OR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION FORM AND APPROPRIATE COMPENSATION TO ARCHITECTUREDEMAREST, L.P. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITYFOR VERIFYING ALL DIMENSIONS ON THIS PROJECT AND NOTIFIYING ARCHITECTURE DEMAREST, L.P. OF ANY DEVIATIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITY FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, CONFIRMING COORDINATION AND FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT. ARCHITECTURE DEMAREST, L.P. WILL NOT BE RESPONSIBLE FOR CONSTRUCTIONMEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT.C ARCHITECTURE DEMAREST, L.P.ALL RIGHTS RESERVEDCONSTRUCTION ISSUE DATE:A402Building II - ExteriorElevationsCoppell, TexasAura Coppell13015Trinsic Residential GroupSUBMISSION DATE10-08-2013Site Plan Reivew 3/32" = 1'-0"1Building II - North Elevation 3/32" = 1'-0"2Building II - West Elevation 3/32" = 1'-0"3Building II - South Elevation 3/32" = 1'-0"4Building II - East ElevationMASONRY = 21,180 SFNON-MASONRY = 4,532 SF82% MASONRYRevision ScheduleNo. Date Description "WEATHERWOOD" SHINGLE ROOF4" 12"4" 12"ALL A/C UNITS ON ROOF BEHIND PARAPETSCMUBRICK 2BRICK 1CAST STONEBRICK CORBELMETALCANOPYMETALTRELLISBRICK 2BRICK 1BRICK 1BRICK 2METALGUARDRAILSTUCCO, PAINT 1FIBER CEMENTPANEL, PAINT 1STUCCO, PAINT 1FASCIA, PAINT 3FASCIA, PAINT 3TRIM, PAINT 237' - 4”44' - 1”269' - 11"4" 12"4" 12"274' - 0"4" 12"4" 12"269' - 2 1/2"4" 12"4" 12"271' - 11"PERMIT ISSUE DATE:SHEET NO.JOB NO.ARCHITECTURE DEMARESTCOPYRIGHT (C) 2013 ARCHITECTURE DEMAREST, L.P. ALL IDEAS, DESIGNS, ARRANGEMENTS, PLANS, AND SPECIFICATIONS INDICATED OR REPRESENTED BY THIS DRAWING AS INSTRUMENTS OF SERVICE ARE AND SHALL REMAIN THE EXCLUSIVE INTELLECTUAL PROPERTY OF ARCHITECTURE DEMAREST, L.P. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THIS SPECIFIED PROJECT ONLY. NONE OF SUCH IDEAS, DESIGN,ARRANGEMENTS OR PLANS SHALL BE USED ON ANY OTHER PROJECT OR EXTENSIONS OF THIS PROJECT OR USED BY OR DISCLOSED TO ANY PERSON, FIRM OR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION FORM AND APPROPRIATE COMPENSATION TO ARCHITECTUREDEMAREST, L.P. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITYFOR VERIFYING ALL DIMENSIONS ON THIS PROJECT AND NOTIFIYING ARCHITECTURE DEMAREST, L.P. OF ANY DEVIATIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITY FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, CONFIRMING COORDINATION AND FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT. ARCHITECTURE DEMAREST, L.P. WILL NOT BE RESPONSIBLE FOR CONSTRUCTIONMEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT.C ARCHITECTURE DEMAREST, L.P.ALL RIGHTS RESERVEDCONSTRUCTION ISSUE DATE:A401Building I - ExteriorElevationsCoppell, TexasAura Coppell13015Trinsic Residential GroupSUBMISSION DATE10-08-2013Site Plan Reivew 3/32" = 1'-0"1Building I - North Elevation 3/32" = 1'-0"2Building I - West Elevation 3/32" = 1'-0"3Building I - South Elevation 3/32" = 1'-0"4Building I - East ElevationMASONRY = 24,819 SFNON-MASONRY = 6,099 SF80% MASONRYRevision ScheduleNo. Date Description ALL A/C UNITS ON ROOF BEHIND PARAPETS4" 12"4" 12"37' - 4”43' - 9”204' - 2"4" 12"4" 12"72' - 2 1/2"4" 12"4" 12"194' - 2"4" 12"4" 12"72' - 11"PERMIT ISSUE DATE:SHEET NO.JOB NO.ARCHITECTURE DEMARESTCOPYRIGHT (C) 2013 ARCHITECTURE DEMAREST, L.P. ALL IDEAS, DESIGNS, ARRANGEMENTS, PLANS, AND SPECIFICATIONS INDICATED OR REPRESENTED BY THIS DRAWING AS INSTRUMENTS OF SERVICE ARE AND SHALL REMAIN THE EXCLUSIVE INTELLECTUAL PROPERTY OF ARCHITECTURE DEMAREST, L.P. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THIS SPECIFIED PROJECT ONLY. NONE OF SUCH IDEAS, DESIGN,ARRANGEMENTS OR PLANS SHALL BE USED ON ANY OTHER PROJECT OR EXTENSIONS OF THIS PROJECT OR USED BY OR DISCLOSED TO ANY PERSON, FIRM OR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION FORM AND APPROPRIATE COMPENSATION TO ARCHITECTUREDEMAREST, L.P. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITYFOR VERIFYING ALL DIMENSIONS ON THIS PROJECT AND NOTIFIYING ARCHITECTURE DEMAREST, L.P. OF ANY DEVIATIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITY FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, CONFIRMING COORDINATION AND FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT. ARCHITECTURE DEMAREST, L.P. WILL NOT BE RESPONSIBLE FOR CONSTRUCTIONMEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT.C ARCHITECTURE DEMAREST, L.P.ALL RIGHTS RESERVEDCONSTRUCTION ISSUE DATE:A403Building III - ExteriorElevationsCoppell, TexasAura Coppell13015Trinsic Residential GroupSUBMISSION DATE10-08-2013Site Plan Reivew 3/32" = 1'-0"1Building III - North Elevation 3/32" = 1'-0"2Building III - East Elevation 3/32" = 1'-0"3Building III - South Elevation 3/32" = 1'-0"4Building III - West ElevationMASONRY = 13,792 SFNON-MASONRY = 2,431 SF85% MASONRYRevision ScheduleNo. Date Description ALL A/C UNITS ON ROOF BEHIND PARAPETS4" 12"4" 12"37' - 4”43' - 11”287' - 3 1/2"4" 12"4" 12"282' - 0"202' - 10"67' - 3"11' - 11"4" 12"4" 12"54' - 8"72' - 2 1/2"126' - 10 1/2"4" 12"4" 12"120' - 3 1/2"PERMIT ISSUE DATE:SHEET NO.JOB NO.ARCHITECTURE DEMARESTCOPYRIGHT (C) 2013 ARCHITECTURE DEMAREST, L.P. ALL IDEAS, DESIGNS, ARRANGEMENTS, PLANS, AND SPECIFICATIONS INDICATED OR REPRESENTED BY THIS DRAWING AS INSTRUMENTS OF SERVICE ARE AND SHALL REMAIN THE EXCLUSIVE INTELLECTUAL PROPERTY OF ARCHITECTURE DEMAREST, L.P. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THIS SPECIFIED PROJECT ONLY. NONE OF SUCH IDEAS, DESIGN,ARRANGEMENTS OR PLANS SHALL BE USED ON ANY OTHER PROJECT OR EXTENSIONS OF THIS PROJECT OR USED BY OR DISCLOSED TO ANY PERSON, FIRM OR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION FORM AND APPROPRIATE COMPENSATION TO ARCHITECTUREDEMAREST, L.P. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITYFOR VERIFYING ALL DIMENSIONS ON THIS PROJECT AND NOTIFIYING ARCHITECTURE DEMAREST, L.P. OF ANY DEVIATIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITY FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, CONFIRMING COORDINATION AND FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT. ARCHITECTURE DEMAREST, L.P. WILL NOT BE RESPONSIBLE FOR CONSTRUCTIONMEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT.C ARCHITECTURE DEMAREST, L.P.ALL RIGHTS RESERVEDCONSTRUCTION ISSUE DATE:A404Building IV - ExteriorElevationsCoppell, TexasAura Coppell13015Trinsic Residential GroupSUBMISSION DATE10-08-2013Site Plan Reivew 3/32" = 1'-0"1Building IV - West Elevation 3/32" = 1'-0"2Building IV - East Elevation 3/32" = 1'-0"3Building IV - North Elevation 3/32" = 1'-0"4Building IV - South ElevationMASONRY = 18,388 SFNON-MASONRY = 4,355 SF81% MASONRYRevision ScheduleNo. Date Description ALL A/C UNITS ON ROOF BEHIND PARAPETS4" 12"4" 12"43' - 9”37' - 4”187' - 2"4" 12"72' - 2 1/2"4" 12"4" 12"196' - 4"4" 12"72' - 2 1/2"PERMIT ISSUE DATE:SHEET NO.JOB NO.ARCHITECTURE DEMARESTCOPYRIGHT (C) 2013 ARCHITECTURE DEMAREST, L.P. ALL IDEAS, DESIGNS, ARRANGEMENTS, PLANS, AND SPECIFICATIONS INDICATED OR REPRESENTED BY THIS DRAWING AS INSTRUMENTS OF SERVICE ARE AND SHALL REMAIN THE EXCLUSIVE INTELLECTUAL PROPERTY OF ARCHITECTURE DEMAREST, L.P. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THIS SPECIFIED PROJECT ONLY. NONE OF SUCH IDEAS, DESIGN,ARRANGEMENTS OR PLANS SHALL BE USED ON ANY OTHER PROJECT OR EXTENSIONS OF THIS PROJECT OR USED BY OR DISCLOSED TO ANY PERSON, FIRM OR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION FORM AND APPROPRIATE COMPENSATION TO ARCHITECTUREDEMAREST, L.P. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITYFOR VERIFYING ALL DIMENSIONS ON THIS PROJECT AND NOTIFIYING ARCHITECTURE DEMAREST, L.P. OF ANY DEVIATIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITY FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, CONFIRMING COORDINATION AND FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT. ARCHITECTURE DEMAREST, L.P. WILL NOT BE RESPONSIBLE FOR CONSTRUCTIONMEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT.C ARCHITECTURE DEMAREST, L.P.ALL RIGHTS RESERVEDCONSTRUCTION ISSUE DATE:A405Building V - ExteriorElevationsCoppell, TexasAura Coppell13015Trinsic Residential GroupSUBMISSION DATE10-08-2013Site Plan Reivew 3/32" = 1'-0"1Building V - North Elevation 3/32" = 1'-0"2Building V - East Elevation 3/32" = 1'-0"3Building V - South Elevation 3/32" = 1'-0"4Building V - West ElevationMASONRY = 12,343 SFNON-MASONRY = 2,696 SF82% MASONRYRevision ScheduleNo. Date Description 102' - 1"25' - 0 1/2"25' - 0 1/2"102' - 1"73' - 5 1/2"73' - 5 1/2"21' - 7"PERMIT ISSUE DATE:SHEET NO.JOB NO.ARCHITECTURE DEMARESTCOPYRIGHT (C) 2013 ARCHITECTURE DEMAREST, L.P. ALL IDEAS, DESIGNS, ARRANGEMENTS, PLANS, AND SPECIFICATIONS INDICATED OR REPRESENTED BY THIS DRAWING AS INSTRUMENTS OF SERVICE ARE AND SHALL REMAIN THE EXCLUSIVE INTELLECTUAL PROPERTY OF ARCHITECTURE DEMAREST, L.P. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THIS SPECIFIED PROJECT ONLY. NONE OF SUCH IDEAS, DESIGN,ARRANGEMENTS OR PLANS SHALL BE USED ON ANY OTHER PROJECT OR EXTENSIONS OF THIS PROJECT OR USED BY OR DISCLOSED TO ANY PERSON, FIRM OR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION FORM AND APPROPRIATE COMPENSATION TO ARCHITECTUREDEMAREST, L.P. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITYFOR VERIFYING ALL DIMENSIONS ON THIS PROJECT AND NOTIFIYING ARCHITECTURE DEMAREST, L.P. OF ANY DEVIATIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITY FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, CONFIRMING COORDINATION AND FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT. ARCHITECTURE DEMAREST, L.P. WILL NOT BE RESPONSIBLE FOR CONSTRUCTIONMEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT.C ARCHITECTURE DEMAREST, L.P.ALL RIGHTS RESERVEDCONSTRUCTION ISSUE DATE:A406Building VI &Detached Garage -Exterior ElevationsCoppell, TexasAura Coppell13015Trinsic Residential GroupSUBMISSION DATE10-08-2013Site Plan Reivew 3/32" = 1'-0"1Building Type VI - East Elevation 3/32" = 1'-0"2Building Type VI - North Elevation 3/32" = 1'-0"3Carriage Building - Side Elevation 3/32" = 1'-0"4Building Type VI - West Elevation 3/32" = 1'-0"5Garage Front Elevation 3/32" = 1'-0"7Garage Rear Elevation 3/32" = 1'-0"6Garage Side ElevationMASONRY = 1,314 SFNON-MASONRY = 0 SF100% MASONRYMASONRY = 3,614 SFNON-MASONRY = 338 SF91% MASONRYRevision ScheduleNo. Date Description PERMIT ISSUE DATE: SHEET NO. JOB NO. COPYRIGHT (C) 2013 ARCHITECTURE DEMAREST, L.P. ALL IDEAS, DESIGNS, ARRANGEMENTS, PLANS, AND SPECIFICATIONS INDICATED OR REPRESENTED BY THIS DRAWING AS INSTRUMENTS OF SERVICE ARE AND SHALL REMAIN THE EXCLUSIVE INTELLECTUAL PROPERTY OF ARCHITECTURE DEMAREST, L.P. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THIS SPECIFIED PROJECT ONLY. NONE OF SUCH IDEAS, DESIGN, ARRANGEMENTS OR PLANS SHALL BE USED ON ANY OTHER PROJECT OR EXTENSIONS OF THIS PROJECT OR USED BY OR DISCLOSED TO ANY PERSON, FIRM OR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION FORM AND APPROPRIATE COMPENSATION TO ARCHITECTUREDEMAREST, L.P. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITY FOR VERIFYING ALL DIMENSIONS ON THIS PROJECT AND NOTIFIYING ARCHITECTURE DEMAREST, L.P. OF ANY DEVIATIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITY FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, CONFIRMING COORDINATION AND FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT. ARCHITECTURE DEMAREST, L.P. WILL NOT BE RESPONSIBLE FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT.NOT FOR REGULATORYAPPROVAL, PERMITTING ORCONSTRUCTIONCONSTRUCTION ISSUE DATE:Coppell, TexasAura Coppell13015Trinsic Residential Group10-08-2013Site Plan ReivewRevision Schedule No.Date Description L 4Perspective at BeltLine Road & ProjectEntry Drive FFDFFDDDFDF F F F FDDDDD F F F F F F F F FDDDDDDDDDD FFFFFDDDDDFFFFDDDDF F F F F F F F F F F F F FDDDDDDDDDDDDDDD D F FDD D FFFFFFFFFFDDDDDDF DDF BELT LINE ROAD CHARTWELL DRIVEEAST DIVIDEND DRIVEPERMIT ISSUE DATE: SHEET NO. JOB NO. COPYRIGHT (C) 2013 ARCHITECTURE DEMAREST, L.P. ALL IDEAS, DESIGNS, ARRANGEMENTS, PLANS, AND SPECIFICATIONS INDICATED OR REPRESENTED BY THIS DRAWING AS INSTRUMENTS OF SERVICE ARE AND SHALL REMAIN THE EXCLUSIVE INTELLECTUAL PROPERTY OF ARCHITECTURE DEMAREST, L.P. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THIS SPECIFIED PROJECT ONLY. NONE OF SUCH IDEAS, DESIGN, ARRANGEMENTS OR PLANS SHALL BE USED ON ANY OTHER PROJECT OR EXTENSIONS OF THIS PROJECT OR USED BY OR DISCLOSED TO ANY PERSON, FIRM OR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION FORM AND APPROPRIATE COMPENSATION TO ARCHITECTUREDEMAREST, L.P. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITY FOR VERIFYING ALL DIMENSIONS ON THIS PROJECT AND NOTIFIYING ARCHITECTURE DEMAREST, L.P. OF ANY DEVIATIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITY FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, CONFIRMING COORDINATION AND FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT. ARCHITECTURE DEMAREST, L.P. WILL NOT BE RESPONSIBLE FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT.NOT FOR REGULATORYAPPROVAL, PERMITTING ORCONSTRUCTIONCONSTRUCTION ISSUE DATE:Coppell, TexasAura Coppell13015Trinsic Residential Group10-08-2013Site Plan ReivewRevision Schedule No.Date Description N O R T H 0 100'50'25'10' L 1Landscape PlanPROJECT INFORMATION VICINITY MAP LOT AREA: +/- 6.89 ACRES LAND USE: OFFICE/ RETAIL/ RESTAURANT 92,860 sq.ft. NUMBER OF STORIES, HEIGHT: 1+2 STORY, NOT TO EXCEED 40' BLDG. HT. PARKING PROVIDED: 369 SPACES LOT AREA: +/- 11.18 ACRES LAND USE: URBAN DWELLING 331 UNITS (30 DWELLING UNITS PER ACRE) NUMBER OF STORIES, HEIGHT: 3 STORIES, NOT TO EXCEED 40' BLDG. HEIGHT; PARKING PROVIDED: 540 SPACES LOT AREA: +/- 2.67 ACRES LAND USE: HOTEL 120 GUEST ROOMS NUMBER OF STORIES, HEIGHT: 5 STORIES, NOT TO EXCEED 50' BLDG. HEIGHT; PARKING PROVIDED: 143 SPACES BELT LINEI-635 W I-635 W INTERNATIONAL PKWY BELT LINE ROAD CHARTWELL DRIVEPERMIT ISSUE DATE: SHEET NO. JOB NO. COPYRIGHT (C) 2013 ARCHITECTURE DEMAREST, L.P. ALL IDEAS, DESIGNS, ARRANGEMENTS, PLANS, AND SPECIFICATIONS INDICATED OR REPRESENTED BY THIS DRAWING AS INSTRUMENTS OF SERVICE ARE AND SHALL REMAIN THE EXCLUSIVE INTELLECTUAL PROPERTY OF ARCHITECTURE DEMAREST, L.P. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THIS SPECIFIED PROJECT ONLY. NONE OF SUCH IDEAS, DESIGN, ARRANGEMENTS OR PLANS SHALL BE USED ON ANY OTHER PROJECT OR EXTENSIONS OF THIS PROJECT OR USED BY OR DISCLOSED TO ANY PERSON, FIRM OR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION FORM AND APPROPRIATE COMPENSATION TO ARCHITECTUREDEMAREST, L.P. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITY FOR VERIFYING ALL DIMENSIONS ON THIS PROJECT AND NOTIFIYING ARCHITECTURE DEMAREST, L.P. OF ANY DEVIATIONS. THE CONTRACTOR SHALL BEAR SOLE RESPONSIBILITY FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, CONFIRMING COORDINATION AND FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT. ARCHITECTURE DEMAREST, L.P. WILL NOT BE RESPONSIBLE FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT.NOT FOR REGULATORYAPPROVAL, PERMITTING ORCONSTRUCTIONCONSTRUCTION ISSUE DATE:Coppell, TexasAura Coppell13015Trinsic Residential Group10-08-2013Site Plan ReivewRevision Schedule No.Date Description 100'50'25'0' LANDSCAPE SUMMARY PLAN1 L 2Landscape SummaryPlanVICINITY MAP BELT LINEI-635 W I-635 W INTERNATIONAL PKWYSCALE: 1/2"=1'-0" FENCE COLUMN AT METAL FENCE SECTION/ELEVATION2 SCALE: 1/2"=1'-0" FENCE COLUMN AT WOOD FENCE SECTION/ELEVATION3 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1370 File ID: Type: Status: 2013-1370 Ordinance Passed 1Version: Reference: In Control: Administration 11/26/2013File Created: 12/10/2013Final Action: CID Resources, Inc. - Public Hearing and OrdinanceFile Name: Title: PUBLIC HEARING: Consider approval of an Ordinance designating CID Resources, Inc., Reinvestment Zone No. 88 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Notes: Agenda Date: 12/10/2013 Agenda Number: 17. Sponsors: Enactment Date: PH and Ordinance Memo.pdf, Public Hearing Notice.pdf, Ordinance.pdf Attachments: Enactment Number: 2013-1365 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 12/10/2013City Council Agenda Items 17-18 were considered together. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Aaron Duncan, to close the Public Hearing for Agenda Item 17 and approve Agenda Items 17-18. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1370 Title Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1370) PUBLIC HEARING: Consider approval of an Ordinance designating CID Resources, Inc., Reinvestment Zone No. 88 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Summary The Public Hearing Notice was published in the Citizens’ Advocate on Friday, November 29, 2013. The public hearing is for the designation of a reinvestment zone for CID Resources, Inc., property described as Block A, Lot 3, Freeport North Addition (12.105 acres) and located south of Creekview and west of Royal Lane. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: December 10, 2013 Reference: Consider approval of an Ordinance designating CID Resources, Inc., Reinvestment Zone No. 88 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: CID Resources, Inc. is a distributor of medical apparel for WonderWink, Carhartt and Mary Engelbreit. They will be relocating their corporate headquarters and warehouse to 601 S. Royal Lane. They will occupy approximately 114,000 square feet of the existing building. They currently have 75 employees but hope to double in employment count over the next 2 years. In order to grant a tax abatement, a reinvestment zone must be created by ordinance. In order to create a reinvestment zone by ordinance, a public hearing must be held. This item satisfies both of those requirements. The public hearing is held to determine if the improvements in the zone are feasible, practical and of benefit to the land. The ordinance will create Reinvestment Zone No. 88. Analysis: The Public Hearing Notice was published in the Citizens’ Advocate on Friday, November 29, 2013. The reinvestment zone is being created for Cid Resources, Inc.. The legal description for the property to be included in the reinvestment zone is described as Block A, Lot 3, Freeport North Addition (12.105 acres). It is located south of Creekview and west of Royal Lane. Legal Review: The documents were created by Pete Smith. Fiscal Impact: N/A 2 Recommendation: Economic Development recommends approval. NOTICE OF PUBLIC HEARING OF DESIGNATION OF REINVESTMENT ZONE A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, in the Council Chambers, Town Center, 255 Parkway Boulevard, Coppell, Texas on the 10th day of December, 2013, at 7:30 P.M., to consider designation of the property described as Block A, Lot 3, Freeport North Addition (12.105 acres), located south of Creekview Drive and west of Royal Lane, Coppell, Texas, CID Resources, Inc., as a Reinvestment Zone under Chapter 312 of the Texas Property Tax Code. The Council will seek to determine whether the improvements sought to be made in the zone are feasible and practical and will be a benefit to the land included in the zone and to the City after the expiration of a tax abatement agreement to be entered into pursuant to Section 312.204 of the Texas Property Tax Code. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Citizens Advocate November 29, 2013 PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e., sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX, 1-800-735-2989). 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 88 (CID RESOURCES, INC.); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL- INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, THAT: SECTION 1: The City Council of the City of Coppell, Texas, finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the improvements sought are feasible and practicable and would be of benefit to the land to be included in the zone and to the City after the expiration of a tax abatement agreement. SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit “A”, attached hereto and made a part hereof for all purposes, is hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone No. 88 CID Resources, Inc.” 2 SECTION 3. The property within Reinvestment Zone No. 88 is eligible for commercial- industrial tax abatement effective on January 1, 2013. SECTION 4. If any article, paragraph or subdivision, clause or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. All provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 6. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of ___________________, 2013. APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS:10-29-13:TM 63286) 3 Exhibit “A” (Legal Description of Land) Block A, Lot 3 of the Freeport North Addition (12.105 acres). Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1373 File ID: Type: Status: 2013-1373 Resolution Passed 2Version: Reference: In Control: Administration 11/26/2013File Created: 12/10/2013Final Action: CID Resources - ResolutionFile Name: Title: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and CID Resources, Inc., and authorizing the Mayor to sign. Notes: Agenda Date: 12/10/2013 Agenda Number: 18. Sponsors: Enactment Date: Resolution Memo.pdf, Resolution.pdf, Tax Abatement Agreement.pdf Attachments: Enactment Number: 2013-1210.4 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 2 PassApproved12/10/2013City Council Agenda Items 17-18 were considered together. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Aaron Duncan, to close the Public Hearing for Agenda Item 17 and approve Agenda Items 17-18. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1373 Title Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and CID Resources, Inc., and authorizing the Mayor to sign. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1373) Summary City Council will hold a Public Hearing regarding the designation of Reinvestment Zone No. 88 on December 10, 2013. CID Resources, Inc. will be relocating their corporate headquarters and warehouse to 601 S. Royal Lane. They will occupy approximately 114,000 square feet of the existing building. They currently have 75 employees but hope to double in employment count over the next 2 years. The tax abatement terms will be a 5 year, 40% abatement on tangible personal property for CID Resources. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: December 10, 2013 Reference: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and CID Resources, Inc., and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: CID Resources, Inc. will be relocating their corporate headquarters and warehouse to 601 S. Royal Lane. They will occupy approximately 114,000 square feet of the existing building. They currently have 75 employees but hope to double in employment count over the next 2 years. City Council will hold a Public Hearing regarding the designation of Reinvestment Zone No. 88 on December 10, 2013. Analysis: The resolution and tax abatement that coincide with Reinvestment Zone No. 8 8 will abate 40% of the tangible personal property for Cid Resources, Inc. for a period of five years. Legal Review: The documents were reviewed by Pete Smith. Fiscal Impact: N/A Recommendation: Economic Development recommends approval. 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS, AND CID RESOURCES, INC., A DELAWARE CORPORATION; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas, and CID Resources, Inc., a Delaware limited liability company, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The Council finds that the tangible personal property to be added to the improvements on the Land described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 2 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2013. CITY OF COPPELL, TEXAS ___________________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ___________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS:10-29-13:TM 63287) 3 Exhibit “A” (copy of Tax Abatement Agreement to be attached) Page 1 Tax Abatement Agreement City of Coppell and CID Resources, Inc. (TM 63283) STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City of Coppell, Texas (the “City”), and CID Resources, Inc., a Delaware corporation (the “Lessee”) (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas (the “City Council”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 88 (the “Zone”), for the real property described in Exhibit “A” (the “Land”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Lessee has or intends to enter into a lease of approximately 114,105 square feet of industrial - distribution space in a building on the Land (hereinafter defined) located at 601 S. Royal Lane, Suite 100, Coppell, Texas 75019 (the “Leased Premises”), for a period of at least five (5) years (the “Lease”), and intends to locate certain Tangible Personal Property (hereinafter defined) at the Leased Premises; and WHEREAS, Lessee’s development efforts described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Leased Premises (hereinafter defined), set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in Page 2 Tax Abatement Agreement City of Coppell and CID Resources, Inc. (TM 63283) compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the Leased Premises sought are feasible and practicable and would be of benefit to the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Leased Premises is located; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Bankruptcy or Insolvency” shall mean the dissolution or termination of a Lessee’s existence as a going business, insolvency, appointment of receiver for any part of a Lessee’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such Lessee, and such proceeding is not dismissed within ninety (90) days after the filing thereof. “Base Year” shall mean the year in which this Agreement is executed (2013). “City” shall mean the City of Coppell, Texas. “Effective Date” shall mean the last date of execution of this Agreement. “Expiration Date” shall mean March 1 of the calendar year following the fifth (5th) anniversary date of the First Year of Abatement. “First Year of Abatement” shall mean January 1 of the calendar year immediately following the date of issuance of a certificate of occupanc y for Lessee’s occupancy of the Leased Premises. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, Page 3 Tax Abatement Agreement City of Coppell and CID Resources, Inc. (TM 63283) insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax Code and Article VIII, Section 1-j of the Texas Constitution. Freeport Goods does not include “Goods in Transit” as defined by Tax Code, Section 11.253. “Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253. “Land” means the real property described in Exhibit “A”. “Lease” shall mean the lease of the Leased Premises for a period of at least five (5) years. “Lease Inception Date” shall mean the date the term of the Lease commences but not later than August 15, 2013. “Leased Premises” shall mean approximately 114,105 square feet of industrial - distribution space located at 601 S. Royal Lane, Suite 100, Coppell, Texas 75019. “Lessee” shall mean CID Resources, Inc., a Delaware corporation. “Required Use” shall mean the continuous occupancy of the Leased Premises and operation of the Lessee’s medical apparel distribution center thereat. “Tangible Personal Property” shall mean furniture, fixtures and equipment owned or leased by the Lessee and located at the Leased Premises, subsequent to the execution of this Agreement. Tangible Personal Property shall not include other tangible personal property, inventory, Freeport Goods or Goods in Transit located at the Leased Premises. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. Article II General Provisions 2.1 Lessee has or intends to enter into the Lease of the Leased Premises, which Leased Premises is located within the city limits of the City and within the Zone. Lessee intends to locate and maintain Tangible Personal Property at the Leased Premises following the Lessee’s occupancy thereof. 2.2 The Leased Premises are not in an improvement project financed by tax increment bonds. Page 4 Tax Abatement Agreement City of Coppell and CID Resources, Inc. (TM 63283) 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 2.4 The Leased Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission. 2.5 Lessee shall, before May 1 of each calendar year that the Agreement is in effect, certify in writing to the City that it is in compliance with each term of the Agreement. 2.6 The Leased Premises shall, at all times, be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable Value for the Tangible Personal Property, is at least One Million Two Hundred Thousand Dollars ($1,200,000.00) as of January 1 of the First Year of Abatement and as of January 1 of each year thereafter that this Agreement is in effect, the City hereby grants Lessee an abatement of forty percent (40%) of the Taxable Value of the Tangible Personal Property for a period of five (5) consecutive years, beginning with the First Year of Abatement. The actual percentage of Taxable Value of the Tangible Personal Property subject to abatement for each year this Agreement is in effect will apply only to the Tangible Personal Property located at the Leased Premises subsequent to the execution of this Agreement. 3.3 The period of tax abatement herein authorized shall be for a period of five (5) consecutive years. 3.4 During the period of tax abatement herein authorized, Lessee shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on Land, inventory, and supplies. 3.5 The Lessee agrees, subject to events of Force Majeure or Casualty to continuously lease and occupy the Leased Premises for a period of at least five (5) consecutive years beginning with the Lease Inception Date. 3.6 During the term of this Agreement following the Lease Inception Date and continuing thereafter until the Expiration Date, the Leased Premises shall not be used for any purpose other than the Required Use and the operation and occupancy of the Leased Premises in Page 5 Tax Abatement Agreement City of Coppell and CID Resources, Inc. (TM 63283) conformance with the Required Use shall not cease for more than thirty (30) days except in connection with and to the extent of an event of Force Majeure. 3.7 The term of this Agreement shall begin on the Effective Date and shall continue until the Expiration Date, unless sooner terminated as provided herein. 3.8 The Lessee agrees to locate and maintain Tangible Personal Property not otherwise exempt from ad valorem taxation at the Leased Premises with a Taxable Value of at least One Million Two Hundred Thousand Dollars ($1,200,000.00) as of the First Year of Abatement and as of January 1 of each calendar year thereafter during the term of this Agreement. Article IV Leased Premises 4.1 Lessee intends to enter into the Lease and to locate Tangible Personal Property at the Leased Premises. Nothing in this Agreement shall obligate Lessee to enter into the Lease or to locate Tangible Personal Property at the Leased Premises, but said actions are conditions precedent to tax abatement for such Lessee pursuant to this Agreement. 4.2 As conditions precedent to the initiation of the Lessee’s tax abatement pursuant to this Agreement (1) Lessee agrees to enter into the Lease on or before August 15, 2013; and (2) Lessee agrees to occupy the Leased Premises on or before the Lease Inception Date. 4.3 Lessee agrees to maintain the Leased Premises during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 4.4 The City, its agents and employees shall have the right of access to the Leased Premises at reasonable times and with reasonable notice to Lessee, and in accordance with visitor access and security policies of the Lessee, in order to insure that the Lessee is in compliance with the terms and conditions of this Agreement. Article V Default: Recapture of Tax Revenue 5.1 In the event Lessee: (i) fails to occupy the Leased Premises in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or sales taxes owed to the City (provided Lessee retains its right to timely and properly protest such taxes or assessment); (iii) suffers an event of “Bankruptcy or Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement which is not otherwise cured within the applicable cure period, then Lessee, after the expiration of the notice and cure periods described below, shall be in default of this Agreement . As liquidated damages in the event of such default, the Lessee shall, within thirty (30) days after termination, pay to the City all taxes which otherwise would have been paid by the Lessee to the City without benefit of a tax abatement for the property the subject of this Agreement at the statutory rate for delinquent Page 6 Tax Abatement Agreement City of Coppell and CID Resources, Inc. (TM 63283) taxes as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The Parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The Parties further agree that any abated tax, including interest, as a result of this Agreement, shall be recoverable against the Lessee, its successors and assigns and shall constitute a tax lien against the Tangible personal Property, and shall become due, owing and shall be paid to the City within thirty (30) days after notice of termination. 5.2 Upon breach by Lessee of any of the obligations under this Agreement, the City shall notify Lessee in writing, which shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured such thirty (30) day period, and the Lessee has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 5.3 If the Lessee fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City, at its sole option, shall have the right to terminate this Agreement by providing written notice to the Lessee. 5.4 Upon termination of this Agreement by City, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is provided. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City, at its sole discretion, has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Tangible Personal Property without tax abatement for the years in which tax abatement hereunder was received by the Lessee, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Article VI Annual Application for Tax Exemption It shall be the responsibility of the Lessee, pursuant to the Tax Code, to file an annual exemption application form for the Tangible Personal Property with the Chief Appraiser for each Appraisal District (or its successor) in which the eligible taxable property has situs. A copy of the respective exemption application shall be submitted to the City upon request. Article VII Annual Rendition The Lessee shall annually render the value of the Tangible Personal Property to the Appraisal District, and shall provide a copy of the same to the City upon written request. Page 7 Tax Abatement Agreement City of Coppell and CID Resources, Inc. (TM 63283) Article VIII Miscellaneous 8.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered: If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Ross Tower 500 N. Akard Dallas, Texas 75201 If intended for Lessee, to: Attn: Bill Zollner, CFO CID Resources, Inc. 11625 Columbia Center Drive Suite 200 Dallas, Texas 75229 8.2 Authorization. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. 8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.4 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement, and except as otherwise provided herein Page 8 Tax Abatement Agreement City of Coppell and CID Resources, Inc. (TM 63283) cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 8.7 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.9 Assignment. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by the Lessee without the prior written consent of the City Manager. 8.10 Employment of Undocumented Workers. During the term of this Agreement, the Lessee agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), the Lessee shall repay the taxes abated herein, and any other funds received by the Lessee from the City as of the date of such violation within 120 days after the date the Lessee is notified by the City of such violation, plus interest at the rate of six percent (6%) compounded annually from the date of violation until paid. 8.11 Right of Offset. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Lessee, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. 8.12 Conditions Precedent. This Agreement is subject to and conditioned upon the following conditions which are conditions precedent to the obligations of the Parties: (i) Lessee entering into the Lease on or before August 15, 2013; and (ii) Lessee occupying the Leased Premises on or before the Lease Inception Date. [Signature Page to Follow] Page 9 Tax Abatement Agreement City of Coppell and CID Resources, Inc. (TM 63283) EXECUTED in duplicate originals the ____ day of _______________, 2013. CITY OF COPPELL, TEXAS By: ______________________________________ Karen Selbo Hunt, Mayor Attest: By: _______________________________________ Christel Pettinos, City Secretary Agreed as to Form: By:_______________________________ City Attorney EXECUTED in duplicate originals the 26th day of November, 2013. CID RESOURCES, INC. By: _______________________________________ Bill Zollner Title: CFO Page 10 Tax Abatement Agreement City of Coppell and CID Resources, Inc. (TM 63283) Exhibit “A” (Legal Description of Land) Block A, Lot 3 of the Freeport North Addition (12.105 acres). Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1371 File ID: Type: Status: 2013-1371 Ordinance Passed 1Version: Reference: In Control: Administration 11/26/2013File Created: 12/10/2013Final Action: Titan Services - Public Hearing and OrdinanceFile Name: Title: PUBLIC HEARING: Consider approval of an Ordinance designating Titan Services, LLC, Reinvestment Zone No. 87 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Notes: Agenda Date: 12/10/2013 Agenda Number: 19. Sponsors: Enactment Date: Public Hearing and Ordinance Memo.pdf, Public Hearing Notice.pdf, Ordinance.pdf Attachments: Enactment Number: 2013-1366 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 12/10/2013City Council Agenda Items 19-20 were considered together. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to close the Public Hearing for Agenda Item 19 and approve Agenda Items 19-20. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1371 Title Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1371) PUBLIC HEARING: Consider approval of an Ordinance designating Titan Services, LLC, Reinvestment Zone No. 87 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Summary The Public Hearing Notice was published in the Citizens’ Advocate on Friday, November 29, 2013. The public hearing is for the designation of a reinvestment zone for Titan Services, LLC, property described as Block D, Lot 4, Northlake 635 Business Park (4.968 acres) and located south of Wrangler and west of Crestside. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: December 10, 2013 Reference: Consider approval of an Ordinance designating Titan Services, LLC, Reinvestment Zone No. 87 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: Titan Services, LLC is a logistics company. The company will be consolidating three existing offices and warehouses into a single 86,000 square foot facility in Coppell. The new building will be located at 1223 Crestside Drive and will serve as the headquarters and warehouse for Titan Services. Approximately 40 employees will be located in this building. In order to grant a tax abatement, a reinvestment zone must be created by ordinance. In order to create a reinvestment zone by ordinance, a public hearing must be held. This item satisfies both of those requirements. The public hearing is held to determine if the improvements in the zone are feasible, practical and of benefit to the land. The ordinance will create Reinvestment Zone No. 87. Analysis: The Public Hearing Notice was published in the Citizens’ Advocate on Friday, November 29, 2013. The reinvestment zone is being created for Titan Services, LLC. The legal description for the property to be included in the reinvestment zone is described as Block D, Lot 4, Northlake 635 Business Park (4.968 acres). It is located south of Wrangler and west of Crestside. Legal Review: The documents were created by Pete Smith. Fiscal Impact: N/A 2 Recommendation: Economic Development recommends approval. NOTICE OF PUBLIC HEARING OF DESIGNATION OF REINVESTMENT ZONE A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, in the Council Chambers, Town Center, 255 Parkway Boulevard, Coppell, Texas on the 10th day of December, 2013, at 7:30 P.M., to consider designation of the property described as Block D, Lot 4, Northlake 635 Business Park (4.968 acres), located south of Wrangler Drive and west of Crestside Drive, Coppell, Texas, Titan Services, as a Reinvestment Zone under Chapter 312 of the Texas Property Tax Code. The Council will seek to determine whether the improvements sought to be made in the zone are feasible and practical and will be a benefit to the land included in the zone and to the City after the expiration of a tax abatement agreement to be entered into pursuant to Section 312.204 of the Texas Property Tax Code. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Citizens Advocate November 29, 2013 PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e., sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX, 1-800-735-2989). 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 87 TITAN SERVICES, LLC; PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL- INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, THAT: SECTION 1: The City Council of the City of Coppell, Texas, finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the proposed improvements sought are feasible and practicable and would be of benefit to the land to be included in the zone and to the City after the expiration of a tax abatement agreement. SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit “A”, attached hereto and made a part hereof for all purposes, is hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone No. 87 Titan Services, LLC”. 2 SECTION 3. The property within Reinvestment Zone No. 87 is eligible for commercial- industrial tax abatement effective on January 1, 2013. SECTION 4. If any article, paragraph or subdivision, clause or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. All provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 6. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of ___________________, 2013. APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS:10-30-13:TM 63321) 3 Exhibit “A” (Legal Description of Land) Block D, Lot 4 of the Northlake 635 Business Park (4.968 acres). Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1372 File ID: Type: Status: 2013-1372 Resolution Passed 1Version: Reference: In Control: Administration 11/26/2013File Created: 12/10/2013Final Action: Titan Services - ResolutionFile Name: Title: Consider approval of a Resolution approving a Tax Abatement Agreement by and between the City of Coppell, Crestside Investments, LLC, and Titan 3PL, LLC, and authorizing the Mayor to sign. Notes: Agenda Date: 12/10/2013 Agenda Number: 20. Sponsors: Enactment Date: Resolution Memo.pdf, Resolution.pdf, Tax Abatement Agreement.pdf Attachments: Enactment Number: 2013-1210.5 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved12/10/2013City Council Agenda Items 19-20 were considered together. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to close the Public Hearing for Agenda Item 19 nd approve Agenda Items 19-20. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1372 Title Consider approval of a Resolution approving a Tax Abatement Agreement by and between the City of Coppell, Crestside Investments, LLC, and Titan 3PL, LLC, and authorizing the Mayor to sign. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1372) Summary City Council will hold a Public Hearing regarding the designation of Reinvestment Zone No. 87 on December 10, 2013. The company, Titan Services, will be consolidating three existing offices and warehouses into a single 86,000 square foot facility in Coppell. The new building will be located at 1223 Crestside Drive and will serve as the headquarters and warehouse for Titan Services. The tax abatement terms will be a 5 year, 55% abatement on real property for Crestside Investment, LLC, and a 5 year, 55% abatement on tangible personal property for Titan 3PL, LLC. Approximately 40 employees will be located in this building. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: December 10, 2013 Reference: Consider approval of a Resolution approving a Tax Abatement Agreement by and between the City of Coppell, Crestside Investments, LLC, and Titan 3PL, LLC, and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: Titan Services, LLC is a logistics company. The company will be consolidating three existing offices and warehouses into a single 86,000 square foot facility in Coppell. The new building w ill be owned by Crestside Investments, LLC and will be located at 1223 Crestside Drive. It will serve as the headquarters and warehouse for Titan Services. The tangible personal property will be owned by Titan 3PL, LLC. City Council will hold a Public Hearing regarding the designation of Reinvestment Zone No. 87 on December 10, 2013. Analysis: The resolution and tax abatement that coincide with Reinvestment Zone No. 87 will provide a 5 year, 55% abatement on real property for Crestside Investment, LLC, and a 5 year, 55% abatement on tangible personal property for Titan 3PL, LLC. Legal Review: The documents were prepared by Pete Smith. Fiscal Impact: N/A Recommendation: Economic Develop ment recommends approval. 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS, CRESTSIDE INVESTMENTS, LLC, A TEXAS LIMITED LIABILITY COMPANY AND TITAN 3PL, LLC, A TEXAS LIMITED LIABILITY COMPANY; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas, Crestside Investments, LLC, a Texas limited liability company and Titan 3PL, LLC, a Texas limited liability company, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The Council finds that the improvements proposed to be built upon the premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment , increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The improvements proposed for the premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 2 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2013. CITY OF COPPELL, TEXAS ___________________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ___________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS:10-30-13:TM 63320) 3 Exhibit “A” (copy of Tax Abatement Agreement to be attached) Page 1 Tax Abatement Agreement City of Coppell and Titan Services, LLC (TM 63297) STATE OF TEXAS § § COUNTY OF DALLAS § TAX ABATEMENT AGREEMENT This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City of Coppell, Texas (the “City”), Crestside Investments, LLC, a Texas limited liability company (“Owner”), and Titan 3PL, LLC a Texas limited liability company (“Tenant”) (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas, (the “City Council”), passed an Ordinance (the “Ordinance”) establishing Tax Abat ement Reinvestment Zone No. 87 (the “Zone”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Owner owns or is under contract to purchase approximately 4.968 acres of land located at 1223 Crestside Drive, Coppell, Texas, being further described in Exhibit “A” (“Land”), and intends to construct, or cause to be constructed, an office and distribution building containing approximately 86,000 square feet of space (hereinafter defined as the “Improvements”) on the Land; and WHEREAS, Owner’s development efforts described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter defined), and the contemplated Improvements are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and Page 2 Tax Abatement Agreement City of Coppell and Titan Services, LLC (TM 63297) WHEREAS, the City Council finds that the Improvements sought are feasible and practicable, and would be of benefit to the Premises to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises are located; and NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Bankruptcy or Insolvency” shall mean the dissolution or termination of a Party’s existence as a going business, insolvency, appointment of receiver for any part of a Party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such Party, and such proceeding is not dismissed within ninety (90) days after the filing thereof. “Base Year Taxable Value” shall mean the Taxable Value for the Land for the year in which this Agreement is executed (2013). “City” shall mean the City of Coppell, Texas acting by and through its city manager, or designee. “Commencement of Construction” sha ll mean that: (i) the plans have been prepared and all approvals thereof and permits with respect thereto required by applicable governmental authorities have been obtained for construction of the Improvements; (ii) all necessary permits for the construction of the Improvements on the Land pursuant to the respective plans therefore having been issued by all applicable governmental authorities; and (iii) grading of the Land or the construction of the vertical elements of the Improvements has commenced. “Completion of Construction” shall mean: (i) substantial completion of the Improvements; and (ii) a final certificate of occupancy has been issued for the Company’s occupancy off the Improvements. “Effective Date” shall mean the last date of execution of this Agreement. Page 3 Tax Abatement Agreement City of Coppell and Titan Services, LLC (TM 63297) “Expiration Date” shall mean March 1 of the calendar year following the fifth (5 th) anniversary date of the First Year of Abatement. “First Year of Abatement” shall mean January 1 of the calendar year immediately following the date of Completion of Construction. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax Code and Article VIII, Section 1-j of the Texas Constitution. Freeport Goods does not include “Goods in Transit” as defined by Tax Code, Section 11.253. “Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253. “Improvements” shall mean an office and distribution building containing approximately 86,000 square feet of space upon Completion of Construction thereof on the Land, and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City, from time to time, in order to obtain a building permit(s), provided, however, that “Improvements” shall not include the Land. “Land” means the real property described in Exhibit “A”. “Owner” shall mean Crestside Invesments, LLC, a Texas limited liability company. “Premises” shall collectively mean the Improvements and the Land. “Required Use” shall mean the continuous occupancy of the Premises and operation of Owner’s general freight trucking, long-distance, truckload business thereat. “Tangible Personal Property” shall mean furniture, fixtures and equipment owned or leased by Owner or Tenant and located at the Premises, subsequent to the execution of this Agreement . Tangible Personal Property shall not include inventory, Freeport Goods and Goods in Transit located at the Premises. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. Article II General Provisions 2.1 The Land is located within the city limits of the City and within the Zone. 2.2 The Premises are not in an improvement project financed by tax increment bonds. Page 4 Tax Abatement Agreement City of Coppell and Titan Services, LLC (TM 63297) 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 2.4 The Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission, or any member of the governing body of any taxing units joining in or adopting this Agreement. 2.5 Owner shall, before May 1, of each calendar year that the Agreement is in effect, certify in writing to the City that Owner is in compliance with each term of the Agreement. 2.7 The Premises at all times shall be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement and provided the Taxable Value for the Improvements, excluding the Land, is at least Four Million Dollars ($4,000,000.00), and the Taxable Value for the Tangible Personal Property is at least Three Hundred Thousand Dollars ($300,000.00), as of the First Year of Abatement and as of January 1 of each year thereafter that this Agreement is in effect, the City hereby grants Owner and/or Tenant an abatement of fifty-five percent (55%) of the Taxable Value of the Improvements and of the Tangible Personal Property, for a period of five (5) consecutive years beginning with the First Year of Abatement. The actual percentage of Taxable Value of the Improvements subject to abatement for each year this Agreement is in effect will apply only to the portion of the Taxable Value of the Improvements that exceeds the Base Year Taxable Value. The actual percentage of Taxable Value of the Tangible Personal Property subject to abatement for each year this Agreement is in effect will apply only to the Tangible Personal Property located at the Premises subsequent to the execution of this Agreement. 3.3 The period of tax abatement herein authorized shall be for a period of five (5) consecutive years beginning the First Year of Abatement. 3.4 During the period of tax abatement herein authorized, Owner and/or Tenant shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on Land and inventory. 3.5 Owner agrees, subject to events of Force Majeure to continuously own and occupy the Premises for a period of at least five (5) consecutive years beginning with the First Year of Abatement . The Owner agrees, subject to events of Force Majeure to occupy the Premises on or before December 1, 2014. Page 5 Tax Abatement Agreement City of Coppell and Titan Services, LLC (TM 63297) 3.6 During the term of this Agreement fo llowing the First Year of Abatement the Premises shall not be used for any purpose other than the Required Use and the operat ion and occupancy of the Premises in conformance with the Required Use shall not cease for more than thirty (30) days except in connection with and to the extent of an event of Force Majeure. 3.7 The term of this Agreement shall begin on the Effective Date and shall continue until the Expiration Date, unless sooner terminated as provided herein. 3.8 The Owner and Tenant agree to locate and maintain Tangible Personal Property not otherwise exempt from ad valorem taxation at the Premises with a Taxable Value of at least Three Hundred Thousand Dollars ($300,000.00) as of the First Year of Abatement and as of January 1 of each calendar year thereafter during the term of this Agreement. Article IV Improvements 4.1 Owner owns or is under contract to purchase the Land and intends to construct or cause to be constructed thereon the Improvements. Nothing in this Agreement shall obligate Owner to construct the Improvements on the Land, but said actions are conditions precedent to tax abatement for such Parties pursuant to this Agreement. 4.2 As a condition precedent to the initiation of the Owner’s tax abatement pursuant to this Agreement, Owner agrees, subject to events of Force Majeure, to cause Commencement of Construction of the Improvements to occur within ninety (90) days after the Effective Date, and subject to events of Force Majeure to cause Completion of Construction of the Improvements to occur on or before December 1, 2014, as good and valuable consideration for this Agreement, and that all construction of the Improvements will be in accordance with all applicable state and local laws, codes, and regulations (or valid waiver thereof). 4.3 Construction plans for the Improvements constructed on the Land have been filed with the City, which shall be deemed to be incorporated by reference herein as Permit #CB-13-4168 and made a part hereof for all purposes. 4.4 Owner agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 4.5 The City, its agents and employees shall have the right of access to the Premises during and following construction to inspect the Improvements at reasonable times and with reasonable notice to Owner, and in accordance with visitor access and security policies of the Owner, in order to insure that the construction of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). Article V Default: Recapture of Tax Revenue 5.1 In the event the Owner or Tenant: (i) fails to occupy the Premises in accordance with this Agreement; (ii) has delinquent ad valorem or sales taxes owed to the City (provided Owner Page 6 Tax Abatement Agreement City of Coppell and Titan Services, LLC (TM 63297) retains its right to timely and properly protest such taxes or assessment); (iii) suffers an event of “Bankruptcy or Insolvency”; or (iv) breaches any of the terms and conditio ns of this Agreement, then Owner after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Owner shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid by the Owner to the City without benefit of a tax abatement, for the property the subject of this Agreement at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The Parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The Parties further agree that any abated tax, including interest, as a result of this Agreement, shall be recoverable against the Owner, its successors and assigns and shall constitute a tax lien against the Tangible Personal Property and the Premises, and shall become due, owing and shall be paid to the City within thirty (30) days after notice of termination. 5.2 Upon breach by Owner of any of the obligations under this Agreement, the City shall notify Owner in writing, which shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within such 30-day period, and Owner has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 5.3 If Owner fails to cure the default within the time provided as specified above or, as such time period may be extended, the City, at its sole option, shall have the right to terminate this Agreement by providing written notice to Owner. 5.4 Upon termination of this Agreement by City, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is provided. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Tangible Personal Property and the Improvements without tax abatement for the years in which tax abatement hereunder was received by Owner, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Article VI Annual Application for Tax Exemption It shall be the responsibility of Owner pursuant to the Tax Code, to file an annual exemption application form with the Chief Appraiser for the appraisal district for the Tangible Personal Property and the Improvements. A copy of the exemption application shall be submitted to the City upon request. Article VII Annual Rendition Page 7 Tax Abatement Agreement City of Coppell and Titan Services, LLC (TM 63297) Owner shall annually render the value of the Tangible Personal Property and the Improvements to the Appraisal District and provide a copy of the same to the City upon written request. Article VIII Miscellaneous 8.1 Notice. All notices required by this Agreement shall be addressed to the following, or other such other Party or address as either party designates in writing, by certified mail, postage prepaid, or by hand or overnight delivery: If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Ross Tower 500 North Akard Dallas, Texas 75201 If intended for Owner, to: Attn: Doug Krawczynski, Crestside Investments, LLC 755 Port America Place # 330 Grapevine, Texas 76051 8.2 Authorization. This Agreement was authorized by resolution of the City Council. 8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.4 Governing Law. This Agreement governed by the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. Page 8 Tax Abatement Agreement City of Coppell and Titan Services, LLC (TM 63297) 8.7 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.9 Employment of Undocumented Workers. During the term of this Agreement each Owner agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8 U.S.C. Section 1324a (f), such Owner shall repay the amount of the abated taxes pursuant to this Agreement as of the date of such violation within 120 business days after the date such Owner is notified by City of such violation, plus interest at the rate of 6% compounded annually from the date of violation until paid. Owner is not liable for a violation of this section by a subsidiary, affiliate, tenant or franchisee of the Owner or by a person with whom such Owner contracts. 8.10 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 8.11 Successor and Assigns. This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representat ives, successors and permitted assigns. This Agreement may not be assigned without the prior written consent of the City Manager. 8.12 Right of Offset . The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Owner, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. 8.1 Conditions Precedent. This Agreement is subject to and conditioned upon the following condition which is a condition precedent to the obligations of the Parties: (i) Owner closing its purchase of the Land on or before October 1, 2014; and (ii) Owner occupying the Premises on or before December 1, 2014. [Signature Page to Follow] Page 9 Tax Abatement Agreement City of Coppell and Titan Services, LLC (TM 63297) EXECUTED in duplicate originals the ____ day of _______________, 2013. CITY OF COPPELL, TEXAS By: Karen Hunt, Mayor Attest: By: Christel Pettinos, City Secretary Approved as to Form: By:_______________________________ City Attorney EXECUTED in duplicate originals the ____ day of _______________, 2013. CRESTSIDE INVESTMENTS, LLC By: Doug Krawczynski Title: Manager EXECUTED in duplicate originals the ____ day of _______________, 2013. TITAN 3PL, LLC By: Tim Krawczynski Title: Chief Executive Officer Page 10 Tax Abatement Agreement City of Coppell and Titan Services, LLC (TM 63297) Exhibit “A” (Legal Description of Land) Block D, Lot 4, Northlake 635 Business Park (4.968 acres) Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1369 File ID: Type: Status: 2013-1369 Ordinance Passed 1Version: Reference: In Control: Administration 11/26/2013File Created: 12/10/2013Final Action: Coppell Dirtbed - Public Hearing and OrdinanceFile Name: Title: PUBLIC HEARING: Consider approval of an Ordinance designating Coppell Dirtbed, LLC, Reinvestment Zone No. 86 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Notes: Agenda Date: 12/10/2013 Agenda Number: 21. Sponsors: Enactment Date: Public Hearing and Ordinance Memo.pdf, Public Hearing Notice.pdf, Ordinance.pdf Attachments: Enactment Number: 2013-1367 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 12/10/2013City Council Agenda Items 21-23 were considered together. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Gary Roden, seconded by Councilmember Tim Brancheau, to close the Public Hearing for Agenda Item 21 and approve Agenda Items 21-23. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1369 Title Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1369) PUBLIC HEARING: Consider approval of an Ordinance designating Coppell Dirtbed, LLC, Reinvestment Zone No. 86 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Summary The Public Hearing Notice was published in the Citizens’ Advocate on Friday, November 29, 2013. The public hearing is for the designation of a reinvestment zone for Coppell Dirtbed, LLC, property described as Block E, Lot 1R2, Old Town Addition (0.346 acres) and located south of Houston Street and east of West Main Street. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: December 10, 2013 Reference: Consider approval of an Ordinance designating Coppell Dirtbed, LLC, Reinvestment Zone No. 86 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: Coppell Dirtbed, LLC will be constructing a building approximately 7,000 square feet in size at 505 Houston Street in Old Town Coppell. The new building will house two restaurants in the future. In order to grant a tax abatement, a reinvestment zone must be created by ordinance. In order to create a reinvestment zone by ordinance, a public hearing must be held. This item satisfies both of those requirements. The public hearing is held to determine if the improvements in the zone are feasible, practical and of benefit to the land. The ordinance will create Reinvestment Zone No. 88. Analysis: The Public Hearing Notice was published in the Citizens’ Advocate on Friday, November 29, 2013. The reinvestment zone is being created for Coppell Dirtbed, LLC. The legal description for the property to be included in the reinvestment zone is described as Block E, Lot 1R2, Old Town Addition (0.346 acres). It is located south of Houston Street and east of West Main Street. Legal Review: The documents were created by Pete Smith. Fiscal Impact: N/A Recommendation: Economic Development recommends approval. NOTICE OF PUBLIC HEARING OF DESIGNATION OF REINVESTMENT ZONE A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, in the Council Chambers, Town Center, 255 Parkway Boulevard, Coppell, Texas on the 10th day of December, 2013, at 7:30 P.M., to consider designation of the property described as Block E, Lot 1R2, Old Town Addition (0.346 acres), located south of Houston Street and east of West Main Street, Coppell, Texas, Coppell Dirtbed, LLC, as a Reinvestment Zone under Chapter 312 of the Texas Property Tax Code. The Council will seek to determine whether the improvements sought to be made in the zone are feasible and practical and will be a benefit to the land included in the zone and to the City after the expiration of a tax abatement agreement to be entered into pursuant to Section 312.204 of the Texas Property Tax Code. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Citizens Advocate November 29, 2013 PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e., sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX, 1-800-735-2989). 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 86 (COPPELL DIRTBED, LLC); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL- INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, THAT: SECTION 1: The City Council of the City of Coppell, Texas, finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the improvements sought are feasible and practicable and would be of benefit to the land to be included in the zone and to the City after the expiration of a tax abatement agreement. SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit “A”, attached hereto and made a part hereof for all purposes, is hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone No. 86 Coppell Dirtbed, LLC.” 2 SECTION 3. The property within Reinvestment Zone No. 86 is eligible for commercial- industrial tax abatement effective on January 1, 2013. SECTION 4. If any article, paragraph or subdivision, clause or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. All provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 6. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of ___________________, 2013. APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS:10-29-13:TM 63286) 3 Exhibit “A” (Legal Description of Land) Block E, Lot 1R2 of the Old Town Addition (0.346 acres). Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1374 File ID: Type: Status: 2013-1374 Resolution Passed 1Version: Reference: In Control: Administration 11/26/2013File Created: 12/10/2013Final Action: Coppell Dirtbed - ResolutionFile Name: Title: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Coppell Dirtbed, LLC, and authorizing the Mayor to sign. Notes: Agenda Date: 12/10/2013 Agenda Number: 22. Sponsors: Enactment Date: Resolution Memo.pdf, Resolution.pdf, Tax Abatement Agreement.pdf Attachments: Enactment Number: 2013-1210.6 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved12/10/2013City Council Agenda Items 21-23 were considered together. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Gary Roden, seconded by Councilmember Tim Brancheau, to close the Public Hearing for Agenda Item 21 and approve Agenda Items 21-23. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1374 Title Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Coppell Dirtbed, LLC, and authorizing the Mayor to sign. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1374) Summary City Council will hold a Public Hearing regarding the designation of Reinvestment Zone No. 86 on December 10, 2013. Coppell Dirtbed, LLC will be constructing a building approximately 7,000 square feet in size at 505 Houston Street in Old Town Coppell. The new building will house two restaurants in the future. The tax abatement terms will be a 5 year, 75% abatement, and it will be applied to the real property for Coppell Dirtbed, LLC. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: December 10, 2013 Reference: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Coppell Dirtbed, LLC, and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: Coppell Dirtbed, LLC will be constructing a building approximately 7,000 square feet in size at 505 Houston Street in Old Town Coppell. The new building will house two restaurants in the future. City Council will hold a Public Hearing regarding the designation of Reinvestment Zone No. 86 on December 10, 2013. Analysis: The resolution and tax abatement that coincide with Reinvestment Zone No. 8 6 will abate 75% of the real property for Coppell Dirtbed, LLC. for a period of five years. Legal Review: The documents were reviewed by Pete Smith. Fiscal Impact: N/A Recommendation: Economic Development recommends approval. 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS, AND COPPELL DIRTBED, LLC, A TEXAS LIMITED LIABILITY COMPANY; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas, and Coppell Dirtbed, LLC, a Texas limited liability company, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The Council finds that the tangible personal property to be added to the improvements on the Land described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 2 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2013. CITY OF COPPELL, TEXAS ___________________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ___________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS:10-29-13:TM 63287) 3 Exhibit “A” (copy of Tax Abatement Agreement to be attached) Page 1 Tax Abatement Agreement City of Coppell and Coppell Dirtbed, LLC (TM 61905) STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City of Coppell, Texas (the “City”), and Coppell Dirtbed, LLC a Texas limited liability company (the “Owner”) (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas (the “City Council”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 86 (t he “Zone”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Owner owns or is under contract to purchase approximately 15,050 square feet of land located at 505 Houston Drive, Coppell, Texas, being further described in Exhibit “A” (“Land”), and intends to construct, or cause to be constructed, a building to house two restaurants containing approximately 7,000 square feet of space in the aggregate (hereinafter defined as the “Improvements”) on the Land; and WHEREAS, Owner’s development efforts described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Premises (hereina fter defined), and the contemplated Improvements are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and Page 2 Tax Abatement Agreement City of Coppell and Coppell Dirtbed, LLC (TM 61905) WHEREAS, the City Council finds that the Improvements sought are feasible and practicable and would be of benefit to the Premises to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Bankruptcy or Insolvency” shall mean the dissolution or termination of a Party’s existence as a going business, insolvency, appointment of receiver for any part of a Party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such Party, and such proceeding is not dismissed within ninety (90) days after the filing there of. “Base Year Taxable Value” shall mean the Taxable Value for the Land for the year in which the Tax Abate ment Agreement is executed. “City” shall mean the City of Coppell, Texas. “Commencement of Construction” shall mean that: (i) the plans have been prepared and all approvals thereof and permits with respect thereto required by applicable governmental authorities have been obtained for construction of the Improvements; (ii) all necessary permits for the construction of the Improvement s on the Land pursuant to the respective plans therefore having been issued by all applicable governmental authorities; and (iii) grading of the Land or the construction of the vertical elements of the Improvements has commenced. “Completion of Construction” shall mean: (i) substantial completion of the Improvements; and (ii) a final certificate of occupancy has been issued for the Improvements. “Effective Date” shall mean the last date of executio n of this Agreement. Page 3 Tax Abatement Agreement City of Coppell and Coppell Dirtbed, LLC (TM 61905) “Expiration Date” shall mean March 1 of the calendar year following the fifth (5th) anniversary date of the First Year of Abatement. “First Year of Abatement” shall mean January 1 of the calendar year immediately following the date of Completion of Construction. “Force Majeure” shall mean any contingenc y or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Improvements” shall mean a building to house two restaurants containing approximately 7,000 square feet of space in the aggregate upon Completion of Construction thereof on the Land, and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City, from time to time, in order to obtain a building permit(s), provided, however, that “Improvements” shall not include the Land. “Land” means the real property described in Exhibit “A”. “Owner” shall mean Coppell Dirtbed, LLC, a Texas limited liability company. “Premises” shall mean collectively, the Land and Improvements following construction thereof. “Related Agreement” shall mean any other agreement by and between the City and the Owner, its parent company, and any affiliated or related entity owned or controlled by the Owner, or its parent company. “Taxable Value” means the appraised value as certified by the applicable Appraisal District (or its successor) as of January 1 of a given year. Article II General Provisions 2.1 Owner is the owner of the Land, or is under contract to purchase the Land, which Land is located within the city limits of the City and within the Zone. Owner intends to construct, or cause to be constructed, the Improvements on the Land. 2.2 The Premises are not in an improvement project financed by tax increment bonds. 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. Page 4 Tax Abatement Agreement City of Coppell and Coppell Dirtbed, LLC (TM 61905) 2.4 The Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission. 2.5 Owner shall, before May 1, of each calendar year that the Agreement is in effect, certify in writing to the City that it is in compliance with each term of the Agreement. 2.6 The Land and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the C ity’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable Value for the Improvements, excluding the Land, is at least Seven Hundred Fifty Thousand Dollars ($750,000.00) as of January 1 of the First Year of Abatement and as of January 1 of each calendar year thereafter during the term of this Agreement, the City hereby grants Owner an abatement of seventy-five percent (75%) of the Taxable Value of the Improvements for a period of five (5) consecutive years, beginning with the First Year of Abatement. The foregoing percentage of Taxable Value of the Improvements subject to abatement for each year this Agreement is in effect will apply only to the portion of the Taxable Value of the Improvements that exceeds the Base Year Taxable Value. 3.3 The period of tax abatement herein authorized shall be for a period of five (5) consecutive years beginning with the First Year of Abatement. 3.4 During the period of tax abatement herein authorized, Owner shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on the Land. 3.5 The term of this Agreement shall begin on the Effective Date and shall continue until the Expiration Date, unless sooner terminated as provided herein. Article IV Improvements 4.1 Owner owns or is under contract to purchase the Land and intends to construct or cause to be constructed thereon the Improvements. Nothing in this Agreement shall obligate Owner to construct the Improvements on the Land, but said actions are conditions precedent to tax abatement for such Parties pursuant to this Agreement. Page 5 Tax Abatement Agreement City of Coppell and Coppell Dirtbed, LLC (TM 61905) 4.2 As a condit ion precedent to the initiation of the Owner’s tax abatement pursuant to this Agreement, Owner agrees, subject to events of Force Majeure, to cause Commencement of Construction of the Improvements to occur within 18 months after the Effective Date, and subject to events of Force Majeure to cause Completion of Construction of the Improvements to occur within 12 months thereafter, as good and valuable consideration for this Agreement, and that all construction of the Improvements will be in accordance with all applicable state and local laws, codes, and regulations (or valid waiver thereof). 4.3 Construction plans for the Improvements constructed on the Land will be filed with the City, which shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 4.4 Owner agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 4.5 The City, its agents and employees shall have the right of access to the Premises during and following construction to inspect the Improvements at reasonable times and with reasonable notice to Owner, and in accordance with visitor access and security policies of the Owner, in order to insure that the construction of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). Article V Default: Recapture of Tax Revenue 5.1 In the event: (i) Owner fails to cause Commencement and/or Completion of Construction of the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulat ions; (ii) has delinquent ad valorem or sales taxes owed to the City (provided Owner retains its right to timely and properly protest such taxes or assessment); (iii) has an event of Bankruptcy or Insolvency; or (iv) breaches any of the terms and conditions of this Agreement, or a Related Agreement, then Owner, after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Owner shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid by the Owner to the City without benefit of a tax abatement, for the property the subject of this Agreement at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The Parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The Parties further agree that any abated tax, including interest, as a result of this Agreement, shall be recoverable against the Owner, its successors and assigns and shall constitute a tax lien against the Premises, and shall become due, owing and shall be paid to the City within thirty (30) days after notice of termination. 5.2 Upon breach by Owner of any of the obligations under this Agreement, the City shall notify Owner in writing, which shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within such 30-day period, and Page 6 Tax Abatement Agreement City of Coppell and Coppell Dirtbed, LLC (TM 61905) the Owner has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 5.3 If the Owner fails to cure the default within the time provided as specified above or, as such t ime period may be extended, the City, at its sole option, shall have the right to terminate this Agreement by providing written notice to the Owner. 5.4 Upon termination of this Agreement by City, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is provided. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code fo r the collection of delinquent property tax. The City at its sole discretion has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Improvements without tax abatement for the years in which tax abatement hereunder was received by the Owner, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Article VI Annual Application for Tax Exemption It shall be the responsibility of the Owner, pursuant to the Tax Code, to file an annual exemption application form for the Improvements with the Chief Appraiser for the Appraisal District (or its successor) in which the eligible taxable property has situs. A copy of the respective exemption application shall be submitted to the City upon request. Article VII Annual Rendition The Owner shall annually render the value of the Improvements to the Appraisal District, and shall provide a copy of the same to the City upon written request. Article VIII Miscellaneous 8.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered : Page 7 Tax Abatement Agreement City of Coppell and Coppell Dirtbed, LLC (TM 61905) If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 If intended for Owner, to: Attn: Jason Boso Coppell Dirtbed, LLC 5211 Bonita Avenue Dallas, Texas 75026 With a copy to: David Denney Law Offices of David T. Denney, P.C. 8350 N. Central Expressway, Suite 925 Dallas, Texas 75206 8.2 Authorization. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. 8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.4 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 8.7 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Page 8 Tax Abatement Agreement City of Coppell and Coppell Dirtbed, LLC (TM 61905) 8.9 Assignment. This Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by the Owner without the prior written consent of the City Manager . 8.10 Employment of Undocumented Workers. During the term of this Agreement, the Owner agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), the Owner shal l repay the taxes abated herein, and any other funds received by the Owner from the City as of the date of suc h violation within 120 days after the date the Owner is notified by the City of such violation, plus interest at the rate of six percent (6%) compounded annually from the date of violation until paid. 8.11 Right of Offset . The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Owner, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. 8.12. Conditions Precedent . This Agreement is subject to and contingent upon t heOwner closing its purchase of the Land on or before June 30, 2014. [Signature page to follow] Page 9 Tax Abatement Agreement City of Coppell and Coppell Dirtbed, LLC (TM 61905) EXECUTED in duplicate originals the ____ day of _______________, 2013. CITY OF COPPELL, TEXAS By: ______________________________________ Karen Selbo Hunt, Mayor Attest: By: _______________________________________ Christel Pettinos, City Secretary Agreed as to Form: By: City Attorney EXECUTED in duplicate originals the ____ day of _______________, 2013. COPPELL DIRTBED, LLC By: Jason Boso Title: Page 10 Tax Abatement Agreement City of Coppell and Coppell Dirtbed, LLC (TM 61905) Exhibit “A” (Legal Description of Land) Lot 1R2, Block E of the Old Town Addition (0.346 acres). Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1377 File ID: Type: Status: 2013-1377 Agenda Item Passed 1Version: Reference: In Control: Administration 11/27/2013File Created: 12/10/2013Final Action: Coppell Dirtbed - Economic Development AgreementFile Name: Title: Consider approval of an Economic Development Agreement by and between the City of Coppell and Coppell Dirtbed, LLC, and authorizing the Mayor to sign. Notes: Agenda Date: 12/10/2013 Agenda Number: 23. Sponsors: Enactment Date: Economic Development Agreement Memo.pdf, Economic Development Agreement.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved12/10/2013City Council Agenda Items 21-23 were considered together. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Gary Roden, seconded by Councilmember Tim Brancheau, to close the Public Hearing for Agenda Item 21 and approve Agenda Items 21-23. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1377 Title Consider approval of an Economic Development Agreement by and between the City of Coppell and Coppell Dirtbed, LLC, and authorizing the Mayor to sign. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1377) Summary Coppell Dirtbed, LLC is constructing a building at 505 Houston Street. The building will be approximately 7,000 square feet in size and will house two restaurants. This Economic Development Incentive Agreement grants a $150,000 cash grant as part of the overall incentive package for Coppell Dirtbed, LLC. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: December 10, 2013 Reference: Consider approval of an Economic Development Agreement by and between the City of Coppell and Coppell Dirtbed, LLC, and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: Coppell Dirtbed, LLC is constructing a building at 505 Houston Street. The building will be approximately 7,000 square feet in size and will house two restaurants. Analysis: This Economic Development Incentive Agreement grants a $150,000 cash grant as part of the overall incentive package for Coppell Dirtbed, LLC. Legal Review: The documents were created by Pete Smith. Fiscal Impact: N/A Recommendation: Economic Development recommends approval. Page 1 Economic Development Agreement (Sign Improvements) City of Coppell and Coppell Dirtbed (TM 62008) STATE OF TEXAS § § ECONOMIC DEVELOPMENT AGREEMENT COUNTY OF DALLAS § This Economic Development Agreement (“Agreement”) is made by and between the City of Coppell, Texas (“City”) and Coppell Dirtbed, LLC (“Company”) (each a “Party” and collectively the “Parties”), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, Company owns or is under contract to purchase approximately 15,050 square feet of land located at 505 Houston Drive, Coppell, Texas, being further described in Exhibit “A” (“Land”), and intends to construct, or cause to be constructed, a building to house two (2) restaurants containing approximately 7,000 square feet of space in the aggregate (hereinafter defined as the “Improvements”) on the Land; and WHEREAS, Company intends to add signage and make certain sign and exterior improvements to the Improvements (hereinafter defined as the “Sign Improvements”); and WHEREAS, Company has advised the City that a contributing factor that would induce Company to add signage and make certain signage and exterior improvements to the Improvements would be an agreement by the City to provide an economic development grant to Company to defray a portion of the costs to design and construct the Sign Improvements (hereinafter defined); and WHEREAS, the City has adopted programs for promoting economic development; and WHEREAS, the City desires to encourage business expansions within the City that will add property tax base and generate additional sales tax and other revenue for the City; and WHEREAS, promoting the expansion of existing businesses within the City will promote economic development, stimulate commercial activity, generate additional sales tax and will enhance the property tax base and economic vitality of the City; and WHEREAS, the City has adopted programs for promoting economic development, and this Agreement and the economic development incentives set forth herein are given and provided by the City pursuant to and in accordance with those programs; and WHEREAS, the City is authorized by Article III, Section 52-a of the Texas Constitution and Texas Local Government Code Chapter 380 to provide economic development grants to promote local economic development and to stimulate business and commercial activity in the City; and WHEREAS, the City has determined that making an economic development grant to Company in accordance with this Agreement will further the objectives of the City, will benefit Page 2 Economic Development Agreement (Sign Improvements) City of Coppell and Coppell Dirtbed (TM 62008) the City and t he City’s inhabitants and will promote local economic development and stimulate business and commercial activity in the City. NOW THEREFORE, in consideration of the foregoing, and other consideration the receipt and sufficiency of which are hereby acknow ledged, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Bankruptcy or Insolvency” shall mean the dissolution or termination of Company’s existence, insolvency, employment of receiver for any part of Company’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors or the commencement of any proceedings under any bankruptcy or insolvency laws by or against Company and such proceedings are not dismissed within ninety (90) days after the filing thereof. “City” shall mean the City of Coppell, Dallas County, Texas. “Commencement of Construction shall mean that: (i) the plans have been prepared and all approvals thereof required by applicable governmental authorities have been obtained for construction of the Sign Improvements; (ii) all necessary permits for the construction of the Sign Improvements pursuant to the respective plans therefore have been issued by all the applicable governmental authorities; and (iii) construction of the Sign Improvements has commenced. “Company” shall mean Coppell Dirtbed, LLC, a Texas limited liability company. “Completion of Construction” shall mean that: (i) substantial completion of the Sign Improvements has occurred; and (ii) the City has conducted a final inspection of the Sign Improvements. “Effective Date” shall mean the last date of execution hereof. “Expiration Date” shall mean the second (2nd) anniversary date of the Effective Date. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental action (unless caused by acts of omissions of the Party), fires, explosions or floods, strikes, slowdowns or work stoppages, but may not impact any payments to be made hereund er. Page 3 Economic Development Agreement (Sign Improvements) City of Coppell and Coppell Dirtbed (TM 62008) “Grant” shall mean an economic development grant in an amount equal to the actual costs incurred and paid by the Company for the design and construction of signage and exterior improvements to the Improvements, not to exceed One Hundred Fifty Thousand Dollars ($150,000.00), to be paid as set forth herein. “Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges, excises, license and permit fees, and other charges by public or governmental authority, general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged, levied, or imposed by any public or governmental authority on Company with respect to the Improvements or any property or any business owned by Company within the City. “Improvements” shall mean a building to house two (2) restaurants containing approximately 7,000 square feet of space in the aggregate upon Completion of Construction thereof on the Land, and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City, from time to time, in order to obtain a building permit(s), provided, however, that “Improvements” shall not include the Land. “Land” means the real property described in Exhibit “A”. “Payment Request” shall mean a written request from Company to City for payment of the Grant accompanied by invoices, receipts and other evidence of the costs incurred and paid by the Company for the Sign Improvements and such other information, as may be reasonably be requested by the City. “Related Agreement” shall mean any agreement (other than this Agreement) by and between the City and the Company, or any of its affiliated or related entities. “Required Use” shall mean the continuous occupancy and use of the Improvements for two (2) restaurants open to the public and serving the citizens of the City. “Sign Improvements” shall mean the design, construction and installation of signage and exterior improvements to the Improvements in a ccordance with plans approved by the City. Article II Term The term of this Agreement shall begin on the Effective Date and continue until the Expiration Date, unless sooner terminated as provided herein. Page 4 Economic Development Agreement (Sign Improvements) City of Coppell and Coppell Dirtbed (TM 62008) Article III Sign Improvements 3.1 Sign Improvements. The Company shall, subject to events of Force Majeure, cause Commencement of Construction of the Sign Improvements to occur within 60 days after the City approval of the plans for the Sign Improvements, and subject to events of Force Majeure to cause Completion of Construction thereof to occur within 180 days thereafter. 3.2 Design and Construction Standards. The Company shall design and construct the Sign Improvements in accordance with plans approved by the City and in accordance with the Historic District of the Comprehensive Zoning Ordinance of the City, Old Coppell Design Guidelines and other applicable local codes. Article IV Economic Development Grant 4.1 Subject to the obligation of the Company to repay the Grant pursuant to Section 5.2 hereof and the continued satisfaction of all the terms and conditions of this Agreement by the Company, the City agrees to provide the Company with the Grant to be paid within thirty (30) days after City receipt of the Payment Request following Completion of Construction of the Sign Improvements. 4.2 The Grant made hereunder shall be provided solely from lawful available funds. The City shall have no obligation or liability to pay any portion of the Grant unless City appropriates funds to make such payment during the budget year in which the payment of the Grant is due. The City shall not be obligated to pay any commercial bank, lender or similar institution for any loan or credit agreement made by Company. None of the obligations of the City under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution without the prior written consent of the City. Article V Conditions to Economic Development Grant The obligation of the City to pay the Grant shall be conditioned upon the compliance and satisfaction by Company of the terms and conditions of this Agreement and each of the following conditions. 5.1 Payment Request . Company shall, as a condition precedent to the payment of the Grant , provide the City with the applicable Payment Request. 5.2 Good Standing. Company shall not have an uncured breach or default of this Agreement , or a Related Agreement . Page 5 Economic Development Agreement (Sign Improvements) City of Coppell and Coppell Dirtbed (TM 62008) 5.3 Required Use. During the term of this Agreement following the Effective Date and continuing thereafter until the Expiration Date, the Improvements shall not be used for any purpose other than the Required Use and the operation and occupancy of the Improvements in conformance with the Required Use shall not cease for more than thirty (30) days except in connection with and to the extent of an event of Force Majeure. Article VI Termination; Repayment 6.1 Termination. This Agreement shall terminate upon any one of the following: (a) by mutual written agreement of the Parties; (b) on the Expiration Date; (c) upon written notice, by either Party, if the other Party defaults or breaches any of the terms or conditions of this Agreement , or a Related Agreement, and such default or breach is not cured within thirty (30) days after written notice thereof; (d) upon written notice, by City, if Company suffers an event of Bankruptcy or Insolvency; (e) upon written notice, by City, if any Impositions owed to the City or the State of Texas by Company shall have become delinquent (provided, however Company retains the right to timely and properly protest and contest any such Impositions); or (f) upon written notice, by either Party, if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declare s or renders this Agreement invalid, illegal or unenforceable. 6.2. Repayment. In the event the Agreement is terminated by the City pursuant to Section 5.1(c), (d), (e), or (f), the Company shall immediately repay to the City an amount equal to the Grant previously paid by the City to Company immediately preceding the date of such termination, plus interest at the rate of interest periodically announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall Street Journal shall ever cease to exist or cease to announce a prime or base lending rate, then at the annual rate of interest from time to time announced by Citibank, N.A. (or by any other New York money center bank selected by the City) as its prime or base commercia l lending rate, from the date on which the Grant is paid by the City until such Grant is refunded by the Company. The repayment obligation of Company set forth in this section 5.2 hereof shall survive termination. 6.3 Right of Offset . The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Company, regardless of whether the amount due arises pursuant to the terms of this Agreement, a Related Agreement or otherwise, and regardless of whether or not the debt due the City has been reduced to judgment by a court. Page 6 Economic Development Agreement (Sign Improvements) City of Coppell and Coppell Dirtbed (TM 62008) Article VII Miscellaneous 7.1 Binding Agreement . The terms and conditions of this Agreement are binding upon the successors and permitted assigns of t he Parties hereto. 7.2 Limitation on Liability. It is understood and agreed between the Parties that the Company and City, in satisfying the conditions of this Agreement, have acted independently, and the City assumes no responsibilities or liabilitie s to third parties in connection with these actions. The Company agrees to indemnify and hold harmless the City from all such claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever by a third party arising out of the Company’s performance of the conditions under this Agreement. 7.3 No Joint Venture. It is acknowledged and agreed by the Parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture between the Parties. 7.4 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered: If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Ross Tower 500 N. Akard Dallas, Texas 75201 If intended for Owner, to: With a copy to: Attn: Jason Boso David Denney Coppell Dirtbed, LLC Law Offices of David T. Denney, P.C. 5211 Bonita Ave 8350 N. Central Expressway, Suite 925 Dallas. Texas 75206 Dallas, Texas 75206 7.5 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 7.6 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, Page 7 Economic Development Agreement (Sign Improvements) City of Coppell and Coppell Dirtbed (TM 62008) shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 7.7 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 7.8 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 7.9 Entire Agreement . This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement, and except as otherwise pro vided herein cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 7.10 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 7.11 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 7.12 Amendment . This Agreement may only be amended by the mutual written agreement of the Parties. 7.13 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 7.14 Assignment. This Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by the Company without the prior written consent of the City Manager, which consent shall not be unreasonably withheld, conditioned or delayed. 7.15 Right of Offset. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Company, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. Page 8 Economic Development Agreement (Sign Improvements) City of Coppell and Coppell Dirtbed (TM 62008) 7.16 Employment of Undocumented Workers. During the term of this Agreement, the Company agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), the Company shall repay the Grant, and any other funds received by the Company from the City as of the date of such violation within 120 days after the date the Company is notified by the City of such violation, plus interest at the rate of 6% compounded annually from the date of violation until paid. (Signature page to follow) Page 9 Economic Development Agreement (Sign Improvements) City of Coppell and Coppell Dirtbed (TM 62008) EXECUTED on this ______ day of ___________________, 2012. CITY OF COPPELL By: Karen Hunt, Mayor Attest: By: _______________________________________ Christel Pettinos, City Secretary Agreed as to Form: By: City Attorney EXECUTED on this _____ day of ____________________, 2012. COPPELL DIRTBED, LLC By: Jason Boso Title: Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1376 File ID: Type: Status: 2013-1376 Agenda Item Passed 1Version: Reference: In Control: Administration 11/27/2013File Created: 12/10/2013Final Action: Norwex - Economic Development AgreementFile Name: Title: Consider approval of an Economic Development Agreement by and between the City of Coppell and Norwex USA, Inc., and authorizing the Mayor to sign. Notes: Agenda Date: 12/10/2013 Agenda Number: 24. Sponsors: Enactment Date: Norwex - Economic Development Agreement Memo.pdf, Economic Development Agreement.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved12/10/2013City Council Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Aaron Duncan, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1376 Title Consider approval of an Economic Development Agreement by and between the City of Coppell and Norwex USA, Inc., and authorizing the Mayor to sign. Summary Fiscal Impact: Norwex USA is occupying 110,000 square feet of space at 800 W. Bethel Road. This Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1376) Economic Development Incentive Agreement grants a five year sales tax rebate for Norwex USA. The amount rebated each year will be determined by the sales volume for that particular year. The rebate schedule is as follows: Amount of Annual Sales of Taxable Items % Rebated for Annual Grant $5,000,000 - $7,500,000 15% $7,500,001+25% Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: December 10, 2013 Reference: Consider approval of an Economic Development Agreement by and between the City of Coppell and Norwex USA, Inc., and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: Norwex USA is occupying 110,000 square feet of space at 800 W. Bethel Road. The company produces personal care and cleaning products with a radically reduced amount of chemicals. The company grew rapidly and outgrew their former space in Addison. After a long search, Norwex moved their U.S. Headquarters and distribution center to 800 W. Bethel. They have approximately 250 employees. Analysis: As part of the overall incentive package, the City offered Norwex a sales tax rebate through an Economic Development Incentive Agreement. This Economic Development Incentive Agreement grants a five year sales tax rebate for Norwex USA. The amount rebated each year will be determined by the sales volume for that particular year. The rebate schedule is as follows: Amount of Annual Sales of Taxable Items Consummated at the Improvements for the Grant Period Percentage Rebated for Annual Grant $5,000,000 - $7,500,000 15% $7,500,001+ 25% 2 Legal Review: The documents were created by Pete Smith. Fiscal Impact: N/A Recommendation: Economic Development recommends approval. Page 1 Economic Development Incentive Agreement City of Coppell and Norwex USA, Inc. (58783) STATE OF TEXAS § § COUNTY OF DALLAS § ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT This Economic Development Incentive Agreement (“Agreement”) is made by and between the City of Coppell, Texas (the “City”), and Norwex USA, Inc., a Texas corporation (“Company”), (each a “Party” and collectively the “Parties”) acting by and through their respective authorized officers. W I T N E S S E T H: WHEREAS, the Company has entered into a lease of approximately 110,000 square feet of office/distribution space in a building located at 800 W. Bethel Road, Coppell, Texas (the “Leased Premises”), for a period of at least five (5) years (the “Lease”), and intends to locate certain Tangible Personal Property (hereinafter defined) at the Leased Premises; and WHEREAS, the Company intends to operate its U.S. corporate headquarters and a distribution center at the Leased Premises; and WHEREAS, the Company has advised the City that a contributing factor that induced the Company to enter into the Lease and occupy the Leased Premises is an agreement by the City to provide an economic development grant to the Company as set forth herein; and WHEREAS, the City has adopted programs for promoting economic development and this Agreement and the economic development incentives set forth herein are given and provided by the City pursuant to and in accordance with those programs; and WHEREAS, the City is authorized by Article 52-a of the Texas Constitution and Chapter 380 of the Texas Local Government Code to provide economic development grants to promote local economic development and to stimulate business and commercial activity in the City; and WHEREAS, the City has determined that making an economic development grant to the Company in accordance with this Agreement is in accordance with the City Economic Development Program and will: (i) further the objectives of the City; (2) benefit the City and the City’s inhabitants; and (iii) promote local economic development and stimulate business and commercial activity in the City. NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, and other valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Page 2 Economic Development Incentive Agreement City of Coppell and Norwex USA, Inc. (58783) Article I Term This Agreement shall be effective on the last date of execution hereof (“Effective Date”) and shall continue until the Expiration Date, unless sooner terminated as provided herein. Article II Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Annual Grants” shall mean five (5) annual grants to be paid from the City to the Company as set forth herein. The amount of each Annual Grant shall be computed by multiplying the Sales Tax Receipts received by the City for a given Grant Period by the percentage specified in the schedule in Section 3.1(a), less the administrative fee charged to the City by the State of Texas for collection of the Sales and Use Taxes pursuant to Tax Code Section 321.503 or other provision. “Bankruptcy or Insolvency” shall mean the dissolution or termination of a Party’s existence as a going business, insolvency, appointment of receiver for any part of such Party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such Party and such proceeding is not dismissed within ninety (90) days after the filing thereof; provided, however, “Bankruptcy or Insolvency” shall not include an event that does not affect the Company’s ability to continue to make the Required Use of the Leased Premises and otherwise to meet its obligations under this Agreement. “City” shall mean the City of Coppell, Texas. “Commencement Date” shall mean January 1 of the first calendar year immediately following the date the City issues a certificate of occupancy of the Leased Premises for the Company. “Company” shall mean Norwex USA, Inc., a Texas corporation. “Consummated” shall have the same meaning assigned by Texas Tax Code, Section 321.203, or its successor. “Expiration Date” shall mean April 1 of the calendar year immediately following the end of the fifth (5th) annual Grant Period. Page 3 Economic Development Incentive Agreement City of Coppell and Norwex USA, Inc. (58783) “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto gover nmental action (unless caused by the intentionally wrongful acts or omissions of the Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Grant Period” shall mean a calendar year beginning with the calendar year immediately following the Commencement Date. “Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges, excises, license and permit fees, and other charges by public or governmental authority, general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged, levied, or imposed by any public or governmental authority on the Company or any property or any business owned by Company within the City. “Lease” shall mean the lease of the Leased Premises by the Company for a period of not less than five (5) years commencing on the Lease Inception Date. “Lease Inception Date” shall mean the commencement date of the lease term under the Lease, but no later than June 1, 2013. “Leased Premises” shall mean approximately 110,000 square feet of space in the building to be constructed at 800 W. Bethel Road, Coppell, Texas. “Payment Request” shall mean a written request from the Company to the City for payment of the applicable Annual Grant, accompanied by the Sales Tax Certificate for the applicable Grant Period. “Related Agreement” shall mean any other agreement by and between the City and the Company including that certain Tax Abatement Agreement by and between the City and the Company dated approximate date herewith. “Required Use” shall mean the Company’s continuous lease and occupancy of the Leased Premises and operation of the Company’s U.S. headquarters and distr ibution center thereat. “Sales and Use Tax” shall mean the one percent (1%) sales and use tax imposed by the City pursuant to Chapter 321, Texas Tax Code on the sale of Taxable Items by the Company Consummated in the City at the Leased Premises, for revenues for general City use. “Sales Tax Certificate” shall mean a report provided by the State of Texas to the City in accordance with Texas Tax Code, Section 321.3022 (or other applicable provision Page 4 Economic Development Incentive Agreement City of Coppell and Norwex USA, Inc. (58783) of the Texas Tax Code), which lists the amount of Sales and Use Tax (including any refunds, credits or adjustments) paid to the State of Texas for the sale of Taxable Items by the Company Consummated at the Leased Premises, or if such report is not available, a certificate or other statement, containing such information in a form provided by the Company reasonably acceptable to the City setting forth the total sale of Taxable Items Consummated at the Leased Premises and the Company’s collection of Sales and Use Tax (including any refunds, credits or adjustments) paid to t he State of Texas, for the sale of Taxable Items by the Company Consummated at the Leased Premises during the applicable Grant Period, and such other information as the City may reasonably request “Sales Tax Receipts” shall mean the City’s receipts of Sales and Use Tax from the State of Texas from the Company’s collection of Sales and Use Tax (it being expressly understood that the City’s one percent (1%) sales and use tax receipts are being used only as a measurement for its use of general funds to make a grant for economic development purposes) as a result of sales of Taxable Items by Company for the applicable Grant Period Consummated at the Leased Premises. Sales Tax Receipts include the City’s one percent (1%) general sales and use tax but do not include the one-half percent (0.5%) sales and use tax imposed for the benefit of the Coppell Recreation Development Corporation, pursuant to the Development Corporation Act, Chapters 501 -505 of the Texas Local Government Code, the one-quarter percent (0.25%) sales and use tax imposed by the City and specifically devoted to street maintenance and repairs, or the one- quarter percent (0.25%) sales and use tax imposed for the Coppell Crime Control Special Purpose District. “State of Texas” shall mean the Office of the Texas Comptroller, or its successor. “Taxable Items” shall mean both “taxable items” and “taxable services” as those terms are defined by Chapter 151, Texas Tax Code, as amended. Article III Economic Development Grant 3.1 Grants. (a) Subject to the Required Use and continued satisfaction of all the terms and conditions of this Agreement and the obligation of the Company to repay the Grants pursuant to Article V hereof, the City agrees to provide the Company with five (5) Annual Grants, each in an amount equal to the percentage according to the schedule set forth below for the applicable Grant Period. The Annual Grants shall be paid within ninety (90) days after receipt of a Payment Request following the end of the applicable Grant Period. Each Payment Request shall be submitted to the City not later than sixty (60) days immediately following the end of the applicable Grant Period. If the Company fails to timely submit the Payment Request for any applicable Grant Period the Company shall forfeit the Annual Grant for such Grant Period. For illustration purposes, assume the Commencement Date is September 15, 2013, in which case the first Grant Period would begin January 1, 2014 through and including December 31, 2014, and the Payment Request for the first Grant Period would be submitted to the City by the Company within sixty (60) days after December 31, 2014. The Page 5 Economic Development Incentive Agreement City of Coppell and Norwex USA, Inc. (58783) first Annual Grant would be paid within ninety (90) days after end of the first Grant Period (April 1, 2015) provided the Company has timely provided the Payment Request. Further assume that the total sales of Taxable Items for such period is $5,500,000.00 then the amount of the first Annual Grant shall be equal to fifteen percent (15%) of the Sales Tax Receipts for the period beginning January 1, 2014, through and including December 31, 2014. Amount of Annual Sales of Taxable Items Consummated at the Leased Premises for the Grant Period Percentage for Annual Grant $5,000,000.00 - $7,500,000.00 15% Above $7,500,000.00 25% (b) Adjustment Notification. The Company shall promptly notify the City in writing of any adjust ments found, determined or made by the Company, the State of Texas or by an audit that results, or will result, in either a refund or reallocation of Sales Tax Receipts or the payment of additional Sales and Use Tax or otherwise involving amounts reported by the Company as subject to this Agreement. Such notification shall also include the amount of any such adjustment in Sales and Use Tax or Sales Tax Receipts. The Company shall notify the City in writing within ninety (90) days after receipt of notice of the intent of the State of Texas to audit the Company, the Company affiliates and/or its customers. Such notification shall also include the period of such audit or investigation. The provisions of this Section shall survive termination of this Agreement. (c) Adjustments. In the event the Company files an amended sales and use tax return, refund claim, or other report with the State of Texas or if additional Sales and Use Tax is due and owing by the Company to the State of Texas, as determined or approved by the State of Texas, that affects Sales Tax Receipts for a previous Grant Period (a “Company Adjustment”), then the Annual Grant payment for the Grant Period that includes the State of Texas’ final approval of such Company Adjustment shall be adjusted accordingly (i.e., up or down, depending on the facts). A reduction in an Annual Grant payment for a Grant Period that includes a final Company Adjustment is required only to the extent the Company received a prior Annual Grant payment attributable to Sales Tax Receipts affected by the Company Adjustment. As a condition precedent to payment of such adjustment, the Company shall provide the City with a copy of any such amended sales and use tax report or return, and the approval thereof by the State of Texas. Copies of any amended sales and use tax return or report or notification from the State of Texas that additional Sales and Use Tax is due and owing by the Company to the State of Texas, as determined by the State of Texas, affecting Sales Tax Receipts for a previous Grant Period shall be provided to the City with the Payment Request for the next Grant Period. The provisions o f this Section shall survive termination of this Agreement. (d) Refunds and Underpayments of Grants. In the event the State of Texas determines that the City erroneously received Sales Tax Receipts, or that the amount of Sales Tax Receipts paid to the City exceeds (or is less than) the correct amount of Sales Tax Receipts for a previous Grant Period, for which the Company has received a Annual Grant, the Company shall, within sixty (60) days after receipt of notification thereof from the City specifying the amount by which such Annual Grant exceeded the amount to which the Company was entitled pursuant to such State of Texas Page 6 Economic Development Incentive Agreement City of Coppell and Norwex USA, Inc. (58783) determination, adjust (up or down, depending on the facts) the amount claimed due for the Annual Grant payment for the Grant Period immediately following such State of Texas determination. If the Company does not adjust the amount claimed due for the Annual Grant payment for the Grant Period immediately following such State of Texas determination the City may, at its option, adjust the Annual Grant payment for the Grant Period immediately following such State of Texas determination. If the adjustment results in funds to be paid back to the City, the Company shall repay such amount to the City within sixty (60) days after receipt of such State of Texas determination. As a condition precedent to payment of such refund, the City shall provide Company with a copy of such determination by the State of Texas. The provisions of this Section shall survive termination of this Agreement. (e) Grant Payment Termination; Suspension. This payment of Annual Grants shall terminate on the effective date of determination by the State of Texas or other appropriate agency or court of competent jurisdiction that the Leased Premises is not a place of business resulting in Sales and Use Taxes being due the City from the sale of Taxable Items by the Company at the Leased Premises. In the event the State of Texas seeks to invalidate the Leased Premises as a place of business where Sales and Use Tax was properly remitted to the State of Texas (the “Comptroller Challenge”) the payment of Annual Grants by the City hereunder shall be suspended until such Comptroller Challenge is resolved in whole favorably to the City. In such event, the Company shall not be required to return or refund Annual Grants previously received from the City provided the Company is actively defending against and/or contesting the Comptroller Challenge and Company promptly informs the City in writing of such Company actions and with copies of all documents and information related thereto. In the event the Comptroller Challenge is not resolved favorably to the City and/or in the event the State of Texas determines that the Leased Premises is not a place of business where the Sales and Use Tax was properly remitted to the State of Texas, and Sales and Use Tax Receipts previously paid or remitted to the City relating to the Leased Premises are reversed and required to be repaid to the State of Texas, then the obligation to pay the Annual Grants shall terminate and the Company shall refund all Annual Grants received by the Company from the City that relate to the Comptroller Challenge, which refund shall be paid to the City within sixty (60) days of the date that the Comptroller Challenge required the City to repay Sales and Use Tax Receipts. 3.2 Current Revenue. The Annual Grants made hereunder shall be paid solely from la wfully available funds that have been appropriated by the City. Under no circumstances shall the obligations of the City hereunder be deemed to create any debt within the meaning of any constitutional or statutory pr ovision. The Annual Grants shall be paid solely from annual appropriations from the general funds of the City or from such other funds of the City as may be legally set aside for such purpose consistent with Article III, Section 52(a) of the Texas Constitution. 3.3 Grant Limitations. The City shall not be obligated to pay any commercial bank, lender or similar institution for any loan or credit agreement made by the Company. None of the obligations of the City under this Agreement shall be pledged or otherwise encumbered by the Company in favor of any commercial lender and/or similar financial institution. Page 7 Economic Development Incentive Agreement City of Coppell and Norwex USA, Inc. (58783) 3.4 Indemnification. THE COMPANY AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY THE “CITY”) HARMLESS FROM AND AGAINST ANY AND ALL REASONABLE LIABILITIES, DAMAGES, CLAIMS, LAWSUITS, JUDGMENTS, ATTORNEY FEES, COSTS, EXPENSES, AND CLAIMS OR DEMANDS BY THE STATE OF TEXAS THAT THE CITY HAS BEEN ERRONEOUSLY OR OVER-PAID OR INCORRECTLY ALLOCATED SALES AND USE TAX ATTRIBUTED TO THE SALE OF TAXABLE ITEMS BY THE COMPANY AT THE LEASED PREMISES OR IN THE CITY FOR ANY PERIOD DURING THE TERM OF THIS AGREEMENT OR DURING ANY GRANT PERIOD OR AS THE RESULT OF THE FAILURE OF THE COMPANY TO MAINTAIN A PLACE OF BUSINESS AT THE LEASED PREMISES OR IN THE CITY, OR AS A RESULT OF ANY ACT OR OMISSION OR BREACH OR NON-PERFORMANCE BY COMPANY UNDER THIS AGREEMENT EXCEPT THAT THE INDEMNITY PROVIDED HEREIN SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE ACTIONS OR OMISSIONS OF THE CITY. THE PROVISIONS OF THIS SECTION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT BEING THE INTENTION OF THE PARTIES THAT THE COMPANY SHALL BE RESPONSIBLE FOR THE REPAYMENT OF ANY ANNUAL GRANTS PAID TO THE COMPANY HEREIN COMPUTED WITH RESPECT TO SALES AND USE TAX RECEIPTS THAT THE STATE OF TEXAS HAS DETERMINED WAS ERRONEOUSLY PAID, DISTRIBUTED, OR ALLOCATED TO THE CITY. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Article IV Conditions to Annual Grants The obligation of the City to pay the Annual Grants shall be conditioned upon the compliance and satisfaction by the Company of the terms and conditions of this Agreement and each of the conditions set forth in Article IV. 4.1 Payment Request . The Company shall, as a condition precedent to the payment of each Annual Grant, timely provide the City with the applicable Payment Request. 4.2 Good Standing. The Company shall not have an uncured breach or default (after the expiration of any cure period) of this Agreement, or a Related Agreement. 4.3 Sales Tax Certificate. As a condition to the payment of each Annual Grant hereunder, the City shall have received a Sales Tax Certificate for the applica ble Grant Period for which payment of an Annual Grant is requested. The City shall have no duty to calculate the Sales Tax Receipts or determine the entitlement of the Company to any Annual Gra nt, or pay any Annual Grant during the term of this Agreement until such time as Company has provided the City a Sales Tax Certificate accompanying a timely Payment Request for the applicable Grant Period. The City may, but is not required to, provide Company with a form for the Sales Tax Page 8 Economic Development Incentive Agreement City of Coppell and Norwex USA, Inc. (58783) Certificate required herein. At the request of the City, the Company shall provide such additional documentation as may be reasonably requested by the City to evidence, support and establish the Sales Tax Receipts (including Sales and Use Tax paid directly to the State of Texas purs uant to a direct payment permit) received by the City from the State of Texas. The Sales Tax Certificate accompanying a Payment Request shall at a minimum contain or be accompanied by the following: (a) A schedule detailing the amount of total sales and t he amount of Sales and Use Tax collected and paid to the State of Texas as a result of the sale of Taxable Items by Company Consummated at the Leased Premises for the Grant Period; (b) A copy of all Sales and Use Tax returns and reports, Sales and Use Tax prepayment returns, direct payment permits and reports, including amended Sales and Use Tax returns or reports, filed by Company for the applicable Grant Period showing the Sales and Use Tax collected (including Sales and Use Tax paid directly to the Stat e of Texas pursuant to a direct payment certificate) by Company for the sale of Taxable Items Consummated at the Leased Premises; (c) A copy of all direct payment and self-assessment returns, including amended returns, filed by Company for the applicable Grant Period showing the Sales and Use Tax paid for the sale of Taxable Items by Company Consummated at the at the Leased Premises; (d) Information concerning any refund or credit received by Company of the Sales and Use Taxes paid or collected by Company (including any Sales and Use Tax paid directly to the State of Texas pursuant to a direct payment permit) which has previously been reported by Company as Sales and Use Tax paid or collected; and (e) A schedule detailing the total sales of Taxable Items by the Company Consummated at the Leased Premises for the applicable Grant Period. The City agrees to the extent allowed by law to maintain the confidentiality of the Sales Tax Certificate. 4.4 Minimum Sales Tax Receipts. As a condition precedent to the payment of each Annual Grant hereunder, the City shall have received Sales Tax Receipts of at least One Thousand Dollars ($1,000) for the applicable Grant Period. If the required minimum Sales Tax Receipts are not achieved for a given Grant Period the Co mpany shall forfeit its right to the Initial Grant or an Annual Grant for such Grant Period, but such failure shall not be an event of default subject to termination and recapture as provided in Article V hereof. 4.5 Required Use. During the term of this Agreement beginning on the Commencement Date and continuing until the Expiration Date, the Leased Premises shall not be used for any purpose other than the Required Use, and the operation of the Leased Premises in Page 9 Economic Development Incentive Agreement City of Coppell and Norwex USA, Inc. (58783) conformance with the Required Use shall not cease for more than thirty (30) continuous days except in connection with, and to the extent of an event of Force Majeure or Casualty. 4.6 Continuous Lease and Occupancy. The Company shall, beginning on the Commencement Date and continuing thereafter until the Expiration Date, continuously lease and occupy the Leased Premises, except in connection with, and to the extent of an event of Force Majeure or Casualty. 4.7 Lease. The Company shall occupy the Leased Premises on or before June 1, 2013. Article V Termination 5.1 Termination. This Agreement shall terminate upon any one of the following: (a) by written agreement of the Parties; (b) Expiration Date; (c) by either Party by giving written notice to the other Party in the event the other Party breaches any of the terms or conditions of this Agreement, or a Related Agreement, and such breach is not cured within thirty (30) days after the nonbreaching Party sends written notice to the breaching Party of such breach; (d) by the City, if Company suffers an event of Bankruptcy or Insolvency; (e) by the City, if any Impositions owed to the City or the State of Texas by Company shall become delinquent (provided, however the Company retains the right to timely and properly protest and contest any such Impositions); or (f) by either Party, by giving written notice to the other Party, if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable. 5.2 Repayment. In the event the Agreement is terminated by the City pursuant to Section 5.1(b), (c), (d), (e) or (f), the Company shall immediately refund to the City an amount equal to the Annual Grant(s) paid by the City to the Company preceding the date of such termination, plus interest at the rate of interest periodically announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall Street Journal shall ever cease to exist or cease to announce a prime or base lending rate, then at the annual rate of interest from time to time announced by Citibank, N.A. (or by any other New York mo ney center bank selected by City) as its prime or base commercial lending rate, from the date on which each respective Annual Grant is paid by the City until each such Annual Grant is refunded by the Company. The repayment obligation of Company set forth in this section shall survive termination. Page 10 Economic Development Incentive Agreement City of Coppell and Norwex USA, Inc. (58783) 5.3 Right of Offset . The City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Company, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. Article VI Miscellaneous 6.1 Binding Agreement. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the Parties hereto. This Agreement may not be assigned without the express writ ten consent of the City Manager. 6.2 Limitation on Liability. It is understood and agreed between the Parties that the Company, in satisfying the conditions of this Agreement, has acted independently, and the City assumes no responsibilities or liabilit ies to third Parties in connection with these actions. 6.3 No Joint Venture. It is acknowledged and agreed by the Parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the Parties. 6.4 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 6.5 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered. If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 If intended for Company, to: Attn: Kristi Hubbard Norwex USA, Inc. 800 Bethel Road Coppell, Texas 75019 Page 11 Economic Development Incentive Agreement City of Coppell and Norwex USA, Inc. (58783) 6.6 Entire Agreement . This Agreement is the entire Agreement between the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the Parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. 6.7 Governing Law. The Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 6.8 Amendment. This Agreement may only be amended by the mutual written agreement of the Parties. 6.9 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 6.10 Recitals. The recitals to this Agreement are incorporated herein. 6.11 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 6.12 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 6.13 Employment of Undocumented Workers. During the term of this Agreement the Company agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8 U.S.C. Section 1324a (f), the Company shall repay the amount of the Annual Grants and any other funds received by the Company from the City as of the date of such violation within 120 business days after the date the Company is notified by the City of such violation, plus interest at the rate of six percent (6%) compounded annually from the date of violation until paid. The Company is not liable for a violation of this section in relation to any workers employed by a subsidiary, affiliate, or franchisee of the Company or by a person with whom the Company contracts. 6.14 Waiver of Immunity. Notwithstanding anything to the contrary herein, the City and the Company acknowledge and agree that this Agreement is subject to the provisions of Subchapter I of Chapter 271, Texas Local Government Code, as amended. The City agrees that Page 12 Economic Development Incentive Agreement City of Coppell and Norwex USA, Inc. (58783) its immunity from suit is waived for the purpose of adjudicating a claim for breach of this Agreement, which is subject to the terms and conditions of Subchapter I of Chapter 271, Texas Local Government Code, as amended. 6.15 Conditions Precedent . This Agreement is expressly subject to and contingent upon: (i) the Company providing the City with a copy of the fully executed Lease; and (ii) the Company occupying the Leased Premises on or before June 1, 2013. (Signature Page to Follow) Page 13 Economic Development Incentive Agreement City of Coppell and Norwex USA, Inc. (58783) EXECUTED on this _______ day of _____________________, 2013. CITY OF COPPELL, TEXAS By: Karen Selbo Hunt, Mayor Attest: By: Christel Pettinos, City Secretary Approved as to Form: By: City Attorney EXECUTED this the _________ day of ______________________, 2013. NORWEX USA, INC. By: ______________________________________ Kristi Hubbard Title: Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1380 File ID: Type: Status: 2013-1380 Resolution Passed 1Version: Reference: In Control: Administration 12/02/2013File Created: 12/10/2013Final Action: Resolution - Interinsurance Exchange of the Automobile Club File Name: Title: Consider approval of a Resolution approving a Second Amended and Restated Tax Abatement Agreement between the City of Coppell and Interinsurance Exchange of the Automobile Club, and authorizing the Mayor to sign. Notes: Agenda Date: 12/10/2013 Agenda Number: 25. Sponsors: Enactment Date: Resolution Memo.pdf, Resolution.pdf, Tax Abatement Agreement (5 year).pdf Attachments: Enactment Number: 2013-1210.7 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved12/10/2013City Council Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Tim Brancheau, seconded by Mayor Pro Tem Billy Faught, that this Resolution be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1380 Title Consider approval of a Resolution approving a Second Amended and Restated Tax Abatement Agreement between the City of Coppell and Interinsurance Exchange of the Automobile Club, and authorizing the Mayor to sign. Summary Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1380) The Interinsurance Exchange of the Automobile Club purchased the buildings located at 1225 and 1275 Freeport Parkway in 2013. A Tax Abatement Agreement was already in place but never activated for the previous owners of the buildings. The abatement was never activated because the buildings were never occupied. Now that the buildings have been purchased and will be occupied by AAA, the Tax Abatement Agreement will be activated upon issuance of the Certificate of Occupancy for the buildings. Due to the fact that there are new owners of the real property, the agreement needed to be amended to account for the new owners and to incorporate the tangible personal property into the agreement. The new terms for the abatement will be a 75% abatement on real property for a period of five years and an 85% abatement on tangible personal property for a period of five years. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: December 10, 2013 Reference: Consider approval of a Resolution approving a Second Amended and Restated Tax Abatement Agreement between the City of Coppell and Interin surance Exchange of the Automobile Club, and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: City Council held a Public Hearing regarding the designation of Reinvestment Zone No. 58 in 2008. At that time, the two buildings located at 1225 and 1 275 Freeport Parkway were packaged together in one tax abatement agreement to abate a portion of the real property taxes on the buildings. The buildings were purchased by a new owner in 2010. The new owner wanted the two buildings to be separated out into two separate agreements. Therefore, the first amendment to the tax abatement agreement was completed. The buildings were never occupied; therefore, the abatement never started. This year, the Interinsurance Exchange of Automobile Club purchased both buildings. They now want the buildings back together under one tax abatement agreement, whic h has caused the need for a second amendment to the agreement. Furthermore, AAA will be locating their regional headquarters in the buildings, and the terms of the agreement are being restated to include an abatement on the tangible personal property in addition to the abatement on the real property. AAA will have in excess of 800 employees at this facility. Analysis: The resolution and amended and restated tax abatement that coincide with Reinvestment Zone No. 58 will grant a 75% abatement on real property for a period of five years and an 85% abatement on tangible personal property for a period of five years. Legal Review: The documents were reviewed by Pete Smith. 2 Fiscal Impact: N/A Recommendation: Economic Development recommends approval. 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A SECOND AMENDED AND RESTATED TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS, AND THE INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, A CALIFORNIA RECIPROCAL INSURER, AND ITS PERMITTED SUCCESSORS AND ASSIGNS; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas, and the Interinsurance Exchange of the Automobile Club, a California reciprocal insurer, and its permitted successors and assigns, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The Council finds that the tangible personal property to be added to the improvements on the Land described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 2 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2013. CITY OF COPPELL, TEXAS ___________________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ___________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY 3 Exhibit “A” (copy of Tax Abatement Agreement to be attached) Page 1 Second Amended and Restated Tax Abatement Agreement City of Coppell and Interinsurance Exchange of the Automobile Club (TM 60319) STATE OF TEXAS § § § COUNTY OF DALLAS § SECOND AMENDED AND RESTATED TAX ABATEMENT AGREEMENT This Second Amended and Restated Tax Abatement Agreement (the “Agreement”) is entered into by and between the City of Coppell, Texas (the “City”), and the Interinsurance Exchange of the Automobile Club, a California reciprocal insurer, and its permitted successors and assigns (“Owner”) (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, City and TDC Gateway Business Center, L.P., a Texas limited partnership (“TDC”), previously entered into that certain Tax Abatement Agreement dated January 15, 2008 (the “Original Tax Abatement Agreement”); and WHEREAS, TDC has transferred and conveyed the Improvements (hereinafter defined) and the Land (hereinafter defined) to the Lincoln National Life Insurance Company (“Lincoln”); and WHEREAS, the City, TDC, as the assignor, and Lincoln, as the assignee, entered into that certain Assignment of Tax Abatement Agreement , dated February 16, 2010, pursuant to which TDC’s rights and obligations under the Original Tax Abatement Agreement were assigned to Lincoln in connection with Lincoln’s purchase of the Land and Impro vements; and WHEREAS, Lincoln transferred and conveyed the Land and Improvements to CCI-B Gateway I, LP, a Texas limited partnership (“CCI”); and WHEREAS, the City, Lincoln, as the assignor, and CCI, as the assignee, entered into that certain Assignment of Tax Abatement Agreement, dated September 29, 2010, pursuant to which Lincoln’s rights and obligations under the Original Tax Abatement Agreement were assigned to CCI in connection with CCI’s purchase of the Land and Improvements; and WHEREAS, the City and CCI entered into that certain Amended and Restated Tax Abatement Agreement dated October 26, 2010 (the “Amended and Restated Tax Abatement Agreement ”); and WHEREAS, on or about April 1, 2013, CCI transferred and conveyed the Land and Improvements to Owner; and WHEREAS, CCI, as the assignor, and Owner, as the assignee, entered into that certain Assignment of Tax Abatement Agreement, dated April 1, 2013 (“2013 Assignment”), pursuant to which CCI’s rights and obligations under the Amended and Restated Tax Abatement Agreement were assigned to Owner in connection with Owner’s purchase of the Land and Improvements; and WHEREAS, City does by this Agreement hereby consent to the 2013 Assignment; and Page 2 Second Amended and Restated Tax Abatement Agreement City of Coppell and Interinsurance Exchange of the Automobile Club (TM 60319) WHEREAS, Owner does hereby assume all of the obligations and duties of CCI under the Amended and Restated Tax Abatement Agreement to the extent that such obligations and duties arise and relate time periods of time after the Effective Date; and WHEREAS, City and Owner desire to amend and restate the Amended and Restated Tax Abatement Agreement as set forth herein; and WHEREAS, the City Council of the City of Coppell, Texas, (the “City Council”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 58 (the “Zone”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, the development efforts of Owner and its predecessors-in-interest will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Premises, including the Improvements thereto in the amount set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that (i) the Improvements sought are feasible and practicable, and (ii) it would be of benefit to the Premises to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises are located; and WHEREAS, the Parties are authorized by the Texas Tax Code to amend the Amended and Restated Tax Abatement Agreement as set forth herein; and Page 3 Second Amended and Restated Tax Abatement Agreement City of Coppell and Interinsurance Exchange of the Automobile Club (TM 60319) WHEREAS, the Parties acknowledge that the Improvements have been constructed on the Land but that the tax abatement granted herein for the Improvements has not commenced. NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of the City and the enhancement of the tax base in the City, the Parties agree to amend and restate the Amended and Restated Tax Abatement Agreement in its entirety, as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Affiliate” means a person that directly, or indirectly through one or more persons, controls, is controlled by, or is under common control with, the specified person. The word “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise. Without limiting the generality of the foregoing, for purposes of this definition of “control”: (a) one person shall be deemed to be under common control with another person if a majority of the members of the board of directors or other governing board of one of them are also members of the board of directors or other governing board of the other, and (b) one person shall be deemed to control another person if the first person has the power to appoint or remove the director or directors holding a majority of the voting power of the board of directors or other governing board of the second person. A “person” is a natural person, corporation, partnership, limited liability company, joint venture, trust, unincorporated organization or other legal entity. “Bankruptcy or Insolvency” shall mean the dissolution or termination of a Party’s existence as a going business, insolvency, appointment of receiver for any part of a Party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding u nder any bankruptcy or insolvency laws by or against such Party, and such proceeding is not dismissed within ninety (90) days after the filing thereof. “Base Year Taxable Value” shall mean the Taxable Value for the Improvements for the calendar year 2007. “City” shall mean the City of Coppell, Texas, acting by and through its city manager, or designee. “Completion of Construction” shall mean substantial completion of the shell of the respective Improvements which occurred in March, 2008. “Effective Date” shall mean the last date of execution of this Agreement. Page 4 Second Amended and Restated Tax Abatement Agreement City of Coppell and Interinsurance Exchange of the Automobile Club (TM 60319) “First Year of Abatement ” shall mean the calendar year (i.e., beginning on January 1) immediately following the date of issuance of the first certificate of occupancy by the City for the occupancy of any of the Improvements by Owner . “Force Majeure” shall mean any contingency or cause beyo nd the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax Code and Article VIII, Section 1-j of the Texas Constitution. Freeport Goods does not include “Goods in Transit ” as defined by Tax Code, Section 11.253. “Goods in Transit ” shall have the same meaning assigned by Tax Code, Section 11.253. “Improvements” shall collectively mean the (i) two-story office building containing approximately 111,934 square feet of space, having an address of 1225 Freeport Parkway, Coppell, Texas, constructed on the Land, and other ancillary facilities such as reasonably required parking and landscaping, more fully described in the submittals filed with the City, from time to time, in order to obtain a building permit(s); and (ii) two-story office building containing approximately 116,156 square feet of space, having an address of 1275 Freeport Parkway, Coppell, Texas, constructed on the Land, and other ancillary facilities such as reasonably required parking and landscaping, more fully described in the submittals filed wit h the City, from time to time, in order to obtain a building permit(s). “Land” means the real property described in Exhibit “A”. “Owner” shall mean Interinsurance Exchange of the Automobile Club, a California reciprocal insurer. “Premises” shall collectively mean the Improvements and the Land. “Required Use” shall mean the continuous occupancy of at least twenty-five percent (25%) of the square footage of the Improvements of the Premises and operation of the Owner’s or its affiliates’ regional headquarters thereat. “Tangible Personal Property” shall mean furniture, fixtures and equipment owned or leased by Owner and located at the Premises, subsequent to the execution of this Agreement . Tangible Personal Property shall not include inventory, Freeport Goods and Goods in Transit located at the Premises. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. Page 5 Second Amended and Restated Tax Abatement Agreement City of Coppell and Interinsurance Exchange of the Automobile Club (TM 60319) Article II General Provisions 2.1 The Land is located within the city limits of the City and within the Zone. The previous owner of the Premises constructed (or caused to be constructed) the Improvements on the Land in accordance with the Original Tax Abatement Agreement as amended by the Amended and Restated Tax Abatement Agreement. 2.2 The Premises are not in an improvement project financed by tax increment bonds. 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 2.4 The Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission, or any member of the governing body of any taxing units joining in or adopting this Agreement. 2.5 Owner shall, before May 1, of each calendar year that the Agreement is in effect, certify in writing to the City that Owner is in compliance with each term of the Agreement. 2.6 The Premises at all times shall be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement and provided the aggregate Taxable Value for the Improvements, excluding the Land, is at least Five Million Five Hundred Thousand Dollars ($5,500,000.00) (the “Minimum Taxable Value for Improvements”), and the Taxable Value for the Tangible Personal Property is at least Two Million Dollars ($2,000,000.00) (the “Minimum Taxable Value for Tangible Personal Property”), as of the First Year of Abatement and as of January 1 of each year thereafter that this Agreement is in effect, the City hereby grants Owner an abatement of seventy-five percent (75%) of the Taxable Value of the Improvements and an abatement of eighty-five percent (85%) of the Taxable Value of the Tangible Personal Property, for a period of five (5) consecutive years beginning with the First Year of Abatement. The actual percentage of Taxable Value of the Improvements subject to abatement for each year this Agreement is in effect will apply only to the portion of the Taxable Value of the Improvements that exceeds the Base Year Taxable Value. The actual percentage of Taxable Value of the Tangible Personal Property subject to abatement for each year this Agreement is in effect will apply only to the Tangible Personal Property located at the Premises subsequent to the execution of this Agreement. The failure to achieve the Minimum Taxable Value for the Improvements and/or the Tangible Page 6 Second Amended and Restated Tax Abatement Agreement City of Coppell and Interinsurance Exchange of the Automobile Club (TM 60319) Personal Property for any given tax year shall not be considered an event of d efault or breach of this Agreement subject to termination and recapture of abated taxes pursuant to Article V hereof. In such event the Owner forfeits the abatement for the Improvements and/or the Tangible Personal Property, as the case may be, for such tax year (the tax year for which the Taxable Value for such property fails to have the respective Minimum Taxable Value). 3.3 The period of tax abatement herein authorized shall be for a period of five (5) consecutive years beginning the First Year of Abatement. 3.4 During the period of tax abatement herein authorized, Owner shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. 3.5 Owner agrees, subject to events of Force Majeure, to continuously own and occupy at least twenty-five percent (25%) of the square footage of the Improvements of the Premises for a period of at least five (5) consecutive years beginning with the First Year of Abatement . The Owner agrees, subject to events of Force Majeure, to occupy the Premises on or before December 31, 2015. 3.6 During the term of this Agreement fo llowing the First Year of Abatement the Premises shall not be used for any purpose other than the Required Use and the operat ion and occupancy of the Premises in conformance with the Required Use shall not cease for more than thirty (30) days except in connection with and to the extent of an event of Force Majeure. 3.7 The term of this Agreement shall begin on the Effective Date and shall continue until March 1 of the calendar year following the sixth (6 th) anniversary date of the First Year of Abatement, unless sooner terminated as provided herein. 3.8 The Owner agrees to locate and maintain Tangible Personal Property not otherwise exempt from ad valorem taxation at the Premises with a Taxable Value of at least Two Million Dollars ($2,000,000.00) as of the First Year of Abatement and as of January 1 of each calendar year thereafter during the term of this Agreement. Article IV Improvements 4.1 The Parties acknowledge that a prior owner of the Premises has caused Completion of Construction of the Improvements in accordance with the Original Tax Abatement Agreement, as amended by the Amended and Restated Tax Abatement Agreement. 4.2 The City agrees that as of the Effective Date, to its knowledge and subject to events of Force Majeure, the construction of the Improvements has been completed in accordance with all applicable state and local laws, codes, and regulations (or valid waiver thereof). Page 7 Second Amended and Restated Tax Abatement Agreement City of Coppell and Interinsurance Exchange of the Automobile Club (TM 60319) 4.3 The construction plans for the Improvements constructed on the Land filed with the City shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 4.4 Owner agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 4.5 The City, its agents and employees shall have t he right of access to the Premises at reasonable times and with reasonable notice to Company, and in accordance with visitor access and security policies of the Company, in order to insure that the Company is in compliance with the terms and conditions of this Agreeme nt. Article V Default: Recapture of Tax Revenue 5.1 In the event the Owner: (i) fails to occupy the Premises in accordance with this Agreement; (ii) has delinquent ad valorem or sales taxes owed to the City (provided Owner retains its right to timely and properly protest such taxes or assessment); (iii) suffers an event of “Bankruptcy or Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement, then Owner after the expiration of the notice and cure periods described below, shall be in default of this Agreement. 5.2 Upon breach by Owner of any of the obligations under this Agreement, the City shall notify Owner in writing, which shall have sixty (60) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within such 60-day period, and Owner has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 5.3 If Owner fails to cure the default within the time provided as specified above or, as such time period may be extended, the City, at its sole option, shall have the right to terminate this Agreement by providing written notice to Owner. 5.4 Upon termination of this Agreement by City for an uncured breach of Section 3.5, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages. In the event of such uncured default, the Owner shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid by the Owner to the City without benefit of a tax abatement, for the property which is the subject of this Agreement at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The Parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The Parties further agree that any abated tax, including interest, as a result of this Agreement, shall be recoverable against the Owner, its successors and permitted assigns and shall constitute a tax lien against the Tangible Personal Property and the Premises, and shall become due, owing and shall be paid to the City within thirty (30) days after notice of termination. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Tangible Personal Property and the Improvements without tax abatement for the years in which tax abatement hereunder was received by Owner, as determined Page 8 Second Amended and Restated Tax Abatement Agreement City of Coppell and Interinsurance Exchange of the Automobile Club (TM 60319) by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Article VI Annual Application for Tax Exemption It shall be the responsibility of Owner pursuant to the Tax Code, to file an annual exemption application form with the Chief Appraiser for the appraisal district for the Tangible Personal Property and the Improvements. A copy of the exemption application shall be submitted to the City upon request. Article VII Annual Rendition Owner shall annually render the value of the Tangible Personal Property and the Improvements to the Appraisal District and provide a copy of the same to the City upon written request. Article VIII Miscellaneous 8.1 Notice. All notices required by this Agreement shall be addressed to the following, or other such other Party or address as either party designates in writing, by certified mail, postage prepaid, or by hand or overnight delivery: If intended for City, to: With a copy to: Attn: City Manager Peter G. Smith City of Coppell, Texas Nichols, Jackson, Dillard, Hager & P. O. Box 478 Smith, L.L.P. Coppell, Texas 75019 1800 Ross Tower 500 North Akard Dallas, Texas 75201 If intended for Owner, to: With a copy to: Malek Khouri Jeff Dorrill Vice President, Administrative Services Haynes and Boone, LLP Interinsurance Exchange of the 2323 Victory Avenue, Suite 700 Automobile Club Dallas, Texas 75219 3333 Fairview Road, A433 Costa Mesa, California 92626 8.2 Authorization. This Agreement was authorized by resolution of the City Council. Page 9 Second Amended and Restated Tax Abatement Agreement City of Coppell and Interinsurance Exchange of the Automobile Club (TM 60319) 8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.4 Governing Law. This Agreement governed by the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 8.7 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.9 Employment of Undocumented Workers. During the term of this Agreement each Owner agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8 U.S.C. Section 1324a (f), such Owner shall repay the amount of the abated taxes pursuant to this Agreement as of the date of such violation within 120 business days after the date such Owner is notified by City of such violation, plus interest at the rate of 6% compounded annually from the date of violation until paid. Owner is not liable for a violation of this section by a subsidiary, affiliate, tenant or franchisee of the Owner or by a person with whom such Owner contracts. 8.10 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 8.11 Successor and Assigns. This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representat ives, successors and permitted assigns. This Agreement may not be assigned without the prior written consent of the City Manager, which, as to any assignment to an Affiliate of Owner, shall not be unreasonably withheld, delayed or conditioned by the City Manager. 8.12 Right of Offset . The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Owner, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. Page 10 Second Amended and Restated Tax Abatement Agreement City of Coppell and Interinsurance Exchange of the Automobile Club (TM 60319) 8.13 Consent to Assignment . Concurrently herewith, the City shall execute and deliver to Owner the 2013 Assignment, evidencing City’s consent to the assignment to Owner of certain rights, obligations and duties of CCI under the Amended and Restated Tax Abatement Agreement. Owner does hereby assume all of the obligations and duties of CCI under the Amended and Restated Tax Abatement Agreement to the extent that such obligations and duties arise and relate time periods of time after the Effective Date. [Signature Page to Follow] Page 11 Second Amended and Restated Tax Abatement Agreement City of Coppell and Interinsurance Exchange of the Automobile Club (TM 60319) EXECUTED in duplicate originals the ____ day of _______________, 2013. CITY OF COPPELL, TEXAS By: Karen Hunt, Mayor ATTEST: By: Christel Pettinos, City Secretary APPROVED AS TO FORM: By:_______________________________ City Attorney THE STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on this ______ day of _____________, 2013, by Karen Hunt, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. Notary Public – State of Texas My Commission Expires: Page 12 Second Amended and Restated Tax Abatement Agreement City of Coppell and Interinsurance Exchange of the Automobile Club (TM 60319) EXECUTED in duplicate originals the ____ day of _______________, 2013. INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB By: ACSC Management Services, Inc. Its Attorney-in-Fact By: Robert T. Bouttier, President and Chief Executive Officer THE STATE OF CALIFORNIA § § COUNTY OF ORANGE § This instrument was acknowledged before me on this ______ day of _____________, 2013, by Robert T. Bouttier, President and Chief Executive Officer of ACSC Management Services, Inc., Attorney-in-Fact for the Interinsurance Exchange of the Automobile Club, a California reciprocal insurer, on behalf of said reciprocal insurer. Notary Public – State of California My Commission Expires: Page 1 Exhibit “A” to Amended and Restated Tax Abatement Agreement City of Coppell and The Automobile Club of Southern California (45680) EXHIBIT “A” TRACT 1: Lot 1, Block “A” of the AMENDING PLAT OF GATEWAY BUSINESS PARK NO. 3, an addition to the City of Coppell, Dallas County, Texas, according to the plat thereof recorded in County Clerk's Document No. 20070348367, Real Property Records, Dallas County, Texas (R.P.R.D.C.T.), and being that tract of land described as “TRACT 1” in deed to CCI-B Gateway I, LP, as recorded in County Clerk's Document No. 201000251881, R.P.R.D.C.T. TRACT 2: Lot 2, Block “A” of the AMENDING PLAT OF GATEWAY BUSINESS PARK NO. 3, an addition to the City of Coppell, Dallas County, Texas, according to the plat thereof recorded in County Clerk's Document No. 20070348367, Real Property Records, Dallas County, Texas (R.P.R.D.C.T.), and being that tract of land described as “TRACT 2” in deed to CCI-B Gateway I, LP, as recorded in County Clerk's Document No. 201000251881, R.P.R.D.C.T. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1386 File ID: Type: Status: 2013-1386 Agenda Item Passed 1Version: Reference: In Control: Administration 12/02/2013File Created: 12/10/2013Final Action: Economic Development Agreement - TRB Main Street Coppell File Name: Title: Consider approval of an Economic Development Agreement by and between the City of Coppell and TRB Main Street Coppell, LLC, and authorizing the Mayor to sign. Notes: Agenda Date: 12/10/2013 Agenda Number: 26. Sponsors: Enactment Date: Economic Development Agreement Memo.pdf, Economic Development Agreement.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved12/10/2013City Council Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1386 Title Consider approval of an Economic Development Agreement by and between the City of Coppell and TRB Main Street Coppell, LLC, and authorizing the Mayor to sign. Summary Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1386) Fiscal Impact: TRB Main Street Coppell, LLC will occupy approximately 3,300 square feet of space at 505 Houston Street. This Economic Development Incentive Agreement grants a five year sales tax rebate for TRB Main Street Coppell, LLC. The City will rebate 100% of the 1% of sales tax collected for years 1 through 3 and 75% for years 4 and 5. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: December 10, 2013 Reference: Consider approval of an Economic Development Agreement by and between the City of Coppell and TRB Main Street Coppell, LLC, and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: TRB Main Street Coppell, LLC will occupy approximately 3,300 square feet of space at 505 Houston Street. This will be a tenant finish out in the building that will sit on the nor thwest corner of the square in the development known as Main Street at Coppell. Twisted Root Burger Co. is the restaurant that will occupy the space, and it is the third restaurant announced in this development . Twisted Root serves gourmet burgers that use fresh, local ingredients. Analysis: This Economic Development Incentive Agreement grants a five year sales tax rebate for TRB Main Street Coppell, LLC. The City will rebate 100% of the 1% of sales tax collected for years 1 through 3 and 75% for years 4 and 5. Legal Review: The documents were created by Pete Smith. Fiscal Impact: N/A Recommendation: Economic Development recommends approval. Page 1 Economic Development Incentive Agreement City of Coppell and TRB Main Street Coppell, LLC (TM 62546) STATE OF TEXAS § § COUNTY OF DALLAS § ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT This Economic Development Incentive Agreement (“Agreement”) is made by and between the City of Coppell, Texas (the “City”), and - TRB Main Street Coppell, LLC, a Texas limited liability company (“Lessee”) (each a “Party” and collectively the “Parties”), acting by and through their respective authorized officers. W I T N E S S E T H: WHEREAS, Lessee has leased or is under contract to lease approximately 3,300 square feet of space in the building to be constructed at 505 Houston Drive, Coppell, Texas (the “Leased Premises”), for a period of at least five (5) years (the “Lease”), and intends to operate a restaurant on the Leased Premises; and WHEREAS, the Lessee has advised the City that a contributing factor that would induce the Lessee to enter into the Lease and occupy the Leased Premises would be an agreement by the City to provide an economic development grant to the Lessee as set forth herein; and WHEREAS, the City has adopted programs for promoting economic development and this Agreement and the economic development incentives set forth herein are given and provided by the City pursuant to and in accordance with those programs; and WHEREAS, the City is aut horized by Article 52-a of the Texas Constitution and Chapter 380 of the Texas Local Government Code to provide economic development grants to promote local economic development and to stimulate business and commercial activity in the City; and WHEREAS, the City has determined that making an economic development grant to the Lessee in accordance with this Agreement is in accordance with the City Economic Development Program and will: (i) further the objectives of the City; (2) benefit the City and the City’s inhabitants; and (iii) promote local economic development and stimulate business and commercial activity in the City. NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, and other valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Page 2 Economic Development Incentive Agreement City of Coppell and TRB Main Street Coppell, LLC (TM 62546) Article I Term This Agreement shall be effective on the last date of execution hereof (“Effective Date”) and shall continue until the Expiration Date, unless sooner terminated as provided herein. Article II Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Annual Grants” shall mean five (5) annual grants to be paid by the City to the Lessee as set forth herein. The amount of each Annual Grant shall be computed by multiplying the Sales Tax Receipts received by the City for a given Grant Period by the percentage specified in the schedule in Section 3.1(a), less the administrative fee charged to the City by the State of Texas for collection of the Sales and Use Taxes pursuant to Tax Code Section 321.503 or other provision. “Bankruptcy or Insolvency” shall mean the dissolution or termination of a Party’s existence as a going business, insolvency, appointment of receiver for any part of such Party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such Party and such proceeding is not dismissed within ninety (90) days after the filing thereof; provided, however, “Bankruptcy or Insolvency” shall not include an event that does not affect the Lessee’s ability to continue to make the Required Use of the Leased Premises and otherwise to meet its obligations under this Agreement. “City” shall mean the City of Coppell, Texas. “Commencement Date” shall mean January 1 of the first calendar year immediately following the date the City issues a final certificate of occupancy of the Leased Premises for the Lessee. “Consummated” shall have the same meaning assigned by Texas Tax Code, Section 321.203, or its successor. “Expiration Date” shall mean the fifth (5th) anniversary date of the Commencement Date. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, Page 3 Economic Development Incentive Agreement City of Coppell and TRB Main Street Coppell, LLC (TM 62546) civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of the Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Grant Period” shall mean a calendar year beginning with the calendar year immediately following the Commencement Date. “Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges, excises, license and permit fees, and other charges by public or governmental authority, general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged, levied, or imposed by any public or governmental authority on the Lessee or any property or any business owned by Lessee within the City. “Lease” shall mean the lease of the Leased Premises by the Lessee for a period of not less than five (5) years commencing on the Lease Inception Date. “Lease Inception Date” shall mean the commencement date of the lease term under the Lease, but no later than June 1, 2016. “Leased Premises” shall mean approximately 3,300 square feet of space in the building to be constructed at 505 Houston Drive, Coppell, Texas. “Lessee” shall mean TRB Main Street Coppell, LLC, a Texas limited liability company. “Payment Request” shall mean a written request from the Lessee to the City for payment of the applicable Annual Grant, accompanied by the Sales Tax Certificate for the applicable Grant Period. “Required Use” shall mean the continuous occupancy and use of the Leased Premises for a restaurant business open to the public and serving the citizens of the City. “Sales and Use Tax” shall mean the one percent (1%) sales and use tax imposed by the City pursuant to Chapter 321, Texas Tax Code on the sale of Taxable Items by the Lessee Consummated in the City at the Leased Premises, for revenues for general City use. “Sales Tax Certificate” shall mean a report provided by the State of Texas to the City in accordance with Texas Tax Code, Section 321.3022 (or other applicable provision of the Texas Tax Code), which lists the amount of Sales and Use Tax (including any refunds, credits or adjustments) paid to the State of Texas for the sale of Taxable Items by the Lessee Consummated at the Leased Premises, or if such report is not available, a certificate or other statement, containing such information in a form provided by the Page 4 Economic Development Incentive Agreement City of Coppell and TRB Main Street Coppell, LLC (TM 62546) Lessee reasonably acceptable to the City setting forth the total sale of Taxable Items Consummated at the Leased Premises and the Lessee’s collection of Sales and Use Tax (including any refunds, credits or adjustments) paid to t he State of Texas, for the sale of Taxable Items by the Lessee Consummated at the Leased Premises during the applicable Grant Period, and such other information as the City may reasonably request “Sales Tax Receipts” shall mean the City’s receipts of Sales and Use Tax from the State of Texas from the Lessee’s collection of Sales and Use Tax (it being expressly understood that the City’s one percent (1%) sales and use tax receipts are being used only as a measurement for its use of general funds to make a grant for economic development purposes) as a result of sales of Taxable Items by Lessee for the applicable Grant Period Consummated at the Leased Premises. Sales Tax Receipts include the City’s one percent (1%) general sales and use tax but do not include the one-half percent (0.5%) sales and use tax imposed for the benefit of the Coppell Recreation Development Corporation, pursuant to the Development Corporation Act, Chapters 501-505 of the Texas Local Government Code, the one-quarter percent (0.25%) sales and use tax imposed by the City and specifically devoted to street maintenance and repairs, or the one-quarter percent (0.25%) sales and use tax imposed for the Coppell Crime Control S pecial Purpose District. “State of Texas” shall mean the Office of the Texas Comptroller, or its successor. “Taxable Items” shall mean both “taxable items” and “taxable services” as those terms are defined by Chapter 151, Texas Tax Code, as amended. Article III Economic Development Grant 3.1 Grants. (a) Subject to the Required Use and continued satisfaction of all the terms and conditions of this Agreement and the obligation of the Lessee to repay the Grants pursuant to Article V hereof, the City agrees, provided the Lessee has achieved the Minimum Sale of Taxable Items as set forth in Section 4.4 hereof, to provide the Lessee with five (5) Annual Grants, each in an amount equal to the percentage according to the schedule set forth below for the applicable Grant Period. The Annual Grants shall be paid within ninety (90) days after receipt of a Payment Request following the end of the applicable Grant Period. Each Payment Request shall be submitted to the City not later than sixty (60) days immediately following the end of the applicable Grant Period. If the Lessee fails to timely submit the Payment Request for any applicable Grant Period the Lessee shall forfeit the Annual Grant for such Grant Period. For illustration purposes, assume the Commencement Date is September 15, 2014, in which case the first Grant Period would begin January 1, 2015 through and including December 31, 2015, and the Payment Request for the first Grant Period would be submitted to the City by the Lessee within sixty (60) days after December 31, 2015. The first Annual Grant would be paid within ninety (90) days after end of the first Grant Period (April 1, 2016) provided the Lessee has timely provided the Payment Request. Further assume that the total sale of Page 5 Economic Development Incentive Agreement City of Coppell and TRB Main Street Coppell, LLC (TM 62546) Taxable Items for such period is $5,000,000.00, then the amount of the first Annual Grant shall be equal to one hundred percent (100%) of the Sales Tax Receipts for the period beginning January 1, 2015, through and including December 31, 2015. For further illustration purposes, assume the Commencement Date is September 15, 2014, in which case the first Grant Period would begin January 1, 2015 through and including December 31, 2015, and the Payment Request for the first Grant Period would be submitted to the City by the Lessee within sixty (60) days after December 31, 2015. The first Annual Grant would be paid within ninety (90) days after end of the first Grant Period (April 1, 2016) provided the Lessee has timely provided the Payment Request. Further assume that the total sale of Taxable Items for such period is $500,000.00, then the amount of the first Annual Grant shall be equal to zero percent (0%) of the Sales Tax Receipts for the period beginning January 1, 2015, through and including December 31, 2015. Amount of Annual Sales of Taxable Items Consummated at the Leased Premises for the Grant Period Percentage of Sales Tax Receipts for Annual Grant Years 1 – 3 100% Years 4 - 5 75% (b) Adjustment Notification. The Lessee shall promptly notify the City in writing of any adjustments found, determined or made by the Lessee, the State of Texas or by an audit that results, or will result, in either a refund or reallocation of Sales Tax Receipts or the payment of additional Sales and Use Tax or otherwise involving amounts reported by the Lessee as subject to this Agreement. Such notification shall also include the amount of any such adjustment in Sales and Use Tax or Sales Tax Receipts. The Lessee shall notify the City in writing within ninety (90) days after receipt of notice of the intent of the State of Texas to audit the Lessee, the Lessee affiliates and/or its customers. Such notification shall also include the period of such audit or investigation. The provisions of this Section shall survive termination of this Agreement. (c) Adjustments. In the event the Lessee files an amended sales and use tax return, refund claim, or other report with the State of Texas, or if additional Sales and Use Tax is due and owing by the Lessee to the State of Texas, as determined or approved by the State of Texas, that affects Sales Tax Receipts for a previous Grant Period (a “Lessee Adjustment”), then the Annual Grant payment for the Grant Period that includes the State of Texas’ final approval of such Lessee Adjustment shall be adjusted accordingly (i.e., up or down, depending on the facts). A reduction in an Annual Grant payment for a Grant Period that includes a final Lessee Adjustment is required only to the extent the Lessee received a prior Annual Grant payment attributable to Sales Tax Receipts affected by the Lessee Adjustment. As a condition precedent to payment of such adjustment, the Lessee shall provide the City with a copy of any such amended sales and use tax report or return, and the approval thereof by the State of Texas. Copies of any amended sales and use tax return or report or notification from the State of Texas that additional Sales and Use Tax is due and owing by the Lessee to the State of Texas, as determined by the State of Texas, affecting Sales Tax Receipts for a previous Grant Period shall be Page 6 Economic Development Incentive Agreement City of Coppell and TRB Main Street Coppell, LLC (TM 62546) provided to the City with the Payment Request for the next Grant Period. The provisions of this section shall survive termination of this Agreement. (d) Refunds and Underpayments of Grants. In the event the State of Texas determines that the City erroneously received Sales Tax Receipts, or that the amount of Sales Tax Receipts paid to the City exceeds (or is less than) the correct amount of Sales Tax Receipts for a previous Grant Period, for which the Lessee has received an Annual Grant, the Lessee shall, within sixty (60) days after receipt of notification thereof from the City specifying the amount by which such Annual Grant exceeded the amount to which the Lessee was entitled pursuant to such State of Texas determination, adjust (up or down, depending on the facts) the amount claimed due for the Annual Grant payment for the Grant Period immediately following such State of Texas determination. If the Lessee does not adjust the amount claimed due for the Annual Grant payment for the Grant Period immediately following such State of Texas determination, the City may, at its option, adjust the Annual Grant payment for the Grant Period immediately following such State of Texas determination. If the adjustment results in funds to be paid back to the City, the Lessee shall repay such amount to the City within sixty (60) days after receipt of such State of Texas determination. As a condition precedent to payment of such refund, the City shall provide Lessee with a copy of such determination by the State of Texas. The provisions of this Section shall survive termination of this Agreement. (e) Grant Payment Termination; Suspension. This payment of Annual Grants shall terminate on the effective date of determination by the State of Texas or other appropriate agency or court of competent jurisdiction that the Leased Premises is not a place of business resulting in Sales and Use Taxes being due the City from the sale of Taxable Items by the Lessee at the Leased Premises. In the event the State of Texas seeks to invalidate the Leased Premises as a place of business where Sales and Use Tax was properly remitted to the State of Texas (the “Comptroller Challenge”), the payment of Annual Grants by the City hereunder shall be suspended until such Comptroller Challenge is resolved in whole favorably to the City. In such event, the Lessee shall not be required to return or refund Annual Grants previously received from the City provided the Lessee is actively defending against and/or contesting the Comptroller Challenge and Lessee promptly informs the City in writing of such Lessee actions and with copies of all documents and information related thereto. In the event the Comptroller Challenge is not resolved favorably to the City and/or in the event the State of Texas determines that the Leased Premises is not a place of business where the Sales and Use Tax was properly remitted to the State of Texas, and Sales and Use Tax Receipts previously paid or remitted to the City relating to the Leased Premises are reversed and required to be repaid to the State of Texas, then the obligation to pay the Annual Grants shall terminate and the Lessee shall refund all Annual Grants received by the Lessee from the City that relate to the Comptroller Challenge, which refund shall be paid to the City within forty-five (45) days of the date that the Comptroller Challenge required the City to repay Sales and Use Tax Receipts. 3.2 Current Revenue. The Annual Grants made hereunder shall be paid solely from lawfully available funds that have been appropriated by the City. Under no circumstances shall the obligations of the City hereunder be deemed to create any debt within the meaning of any constitutional or statutory pr ovision. The Annual Grants shall be paid solely from annual Page 7 Economic Development Incentive Agreement City of Coppell and TRB Main Street Coppell, LLC (TM 62546) appropriations from the general funds of the City or from such other funds of the City as may be legally set aside for such purpose consistent with Article III, Section 52(a) of the Texas Constitution. 3.3 Grant Limitations. The City shall not be obligated to pay any commercial bank, lender or similar institution for any loan or credit agreement made by the Lessee. None of the obligations of the City under this Agreement shall be pledged or otherwise encumbered by the Lessee in favor of any commercial lender and/or similar financial institution. 3.4 Indemnification. THE LESSEE AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY THE “CITY”) HARMLESS FROM AND AGAINST ANY AND ALL REASONABLE LIABILITIES, DAMAGES, CLAIMS, LAWSUITS, JUDGMENTS, ATTORNEY FEES, COSTS, EXPENSES, AND CLAIMS OR DEMANDS BY THE STATE OF TEXAS THAT THE CITY HAS BEEN PAID ERRONEOUSLY OR OVER-PAID OR INCORRECTLY ALLOCATED SALES AND USE TAX ATTRIBUTED TO THE SALE OF TAXABLE ITEMS BY THE LESSEE AT THE LEASED PREMISES OR IN THE CITY FOR ANY PERIOD DURING THE TERM OF THIS AGREEMENT OR DURING ANY GRANT PERIOD OR AS THE RESULT OF THE FAILURE OF THE LESSEE TO MAINTAIN A PLACE OF BUSINESS AT THE LEASED PREMISES OR IN THE CITY, OR AS A RESULT OF ANY ACT OR OMISSION OR BREACH OR NON-PERFORMANCE BY LESSEE UNDER THIS AGREEMENT EXCEPT THAT THE INDEMNITY PROVIDED HEREIN SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE ACTIONS OR OMISSIONS OF THE CITY. THE PROVISIONS OF THIS SECTION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT BEING THE INTENTION OF THE PARTIES THAT THE LESSEE SHALL BE RESPONSIBLE FOR THE REPAYMENT OF ANY ANNUAL GRANTS PAID TO THE LESSEE HEREIN COMPUTED WITH RESPECT TO SALES AND USE TAX RECEIPTS THAT THE STATE OF TEXAS HAS DETERMINED WAS ERRONEOUSLY PAID, DISTRIBUTED, OR ALLOCATED TO THE CITY. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Article IV Conditions to Annual Grants The obligation of the City to pay the Annual Grants shall be conditioned upon the compliance and satisfaction by the Lessee of the terms and conditions of this Agreement and each of the conditions set forth in Ar ticle IV. 4.1 Payment Request . The Lessee shall, as a condition precedent to the payment of each Annual Grant, timely provide the City with the applicable Payment Request. Page 8 Economic Development Incentive Agreement City of Coppell and TRB Main Street Coppell, LLC (TM 62546) 4.2 Good Standing. The Lessee shall not have an uncured breach or default of this Agreement, or a Related Agreement. 4.3 Sales Tax Certificate. As a condition to the payment of each Annual Grant hereunder, the City shall have received a Sales Tax Certificate for the applicable Grant Period for which payment of an Annual Grant is requested. The City shall have no duty to calculate the Sales Tax Receipts or determine the entitlement of the Lessee to any Annual Grant, or pay any Annual Grant during the term of this Agreement until such time as Lessee has provided the City a Sales Tax Certificate accompanying a timely Payment Request for the applicable Grant Period. The City may, but is not required to, provide Lessee with a form for the Sales Tax Certificate required herein. At the request of the City, the Lessee shall provide such additional documentation as may be reasonably requested by the City to evidence, support and establish the Sales Tax Receipts (including Sales and Use Tax paid directly to the State of Texas pursuant to a direct payment permit) received by the City from the State of Texas. The Sales Tax Certificate accompanying a Payment Request shall at a minimum contain, include or be accompanied by the following: (a) A schedule detailing the amount of total sales and the amount of Sales and Use Tax collected and paid to the State of Texas as a result of the sale of Taxable Items by Lessee Consummated at the Leased Premises for the Grant Period; (b) A copy of all Sales and Use Tax returns and reports, Sales and Use Tax prepayment returns, direct payment permits and report s, including amended Sales and Use Tax returns or reports, filed by Lessee for the applicable Grant Period showing the Sales and Use Tax collected (including Sales and Use Tax paid directly to the State of Texas pursuant to a direct payment certificate) by Lessee for the sale of Taxable Items Consummated at the Leased Premises; (c) A copy of all direct payment and self-assessment returns, including amended returns, filed by Lessee for the applicable Grant Period showing the Sales and Use Tax paid for the sale of Taxable Items by Lessee Consummated at the Leased Premises; (d) Information concerning any refund or credit received by Lessee of the Sales and Use Taxes paid or collected by Lessee (including any Sales and Use Tax paid directly to the State of Texas pursuant to a direct payment permit) which has previously been reported by Lessee as Sales and Use Tax paid or collected; and (e) A schedule detailing the total sales of Taxable Items by the Lessee Consummated at the Leased Premises for the applicable Grant Period. The City agrees to the extent allowed by law to maintain the confidentiality of the Sales Tax Certificate. Page 9 Economic Development Incentive Agreement City of Coppell and TRB Main Street Coppell, LLC (TM 62546) 4.4 Minimum Sales of Taxable Items. As a condition precedent to the payment of each Annual Grant hereunder, the Lessee shall have a minimum of at least One Million Three Hundred Thousand Dollars ($1,300,000.00) (“Minimum Sales of Taxable Items”) in sales of Taxable Items Consummated at the Leased Premises for the applicable Grant Period. If the required minimum Sale of Taxable Items is not achieved for a given Grant Period the Lessee shall forfeit its right to an Annual Grant for such Grant Period, but such failure shall not be an event of default subject to termination and recapture as provided in Article V hereof. 4.5 Required Use. During the term of this Agreement beginning on the Commencement Date and continuing until the Expiration Date, the Leased Premises shall not be used for any purpose other than the Required Use, and the operation of the Leased Premises in conformance with the Required Use shall not cease for more than thirty (30) continuous days except in connection with, and to the extent of an event of Force Majeure or Casualty. 4.6 Continuous Lease and Occupancy. The Lessee shall, beginning on the Commencement Date and continuing thereafter until the Expiration Date, continuously lease and occupy the Leased Premises. 4.7 Lease. The Lessee shall have entered into the Lease on or before June 1, 2016, and the Lessee shall occupy the Leased Premises on or before August 1, 2016. Article V Termination 5.1 Termination. This Agreement shall terminate upon any one of the following: (a) by written agreement of the Parties; (b) Expiration Date; (c) upon written notice, by either Party in the event the other Party breaches any of the terms or conditions of this Agreement, or a Related Agreement, and such breach is not cured within thirty (30) days after the nonbreaching Party sends written notice to the breaching Party of such breach; (d) upon written notice, by the City, if Lessee suffers an event of Bankruptcy or Insolvency; (e) upon written notice, by the City, if any Impositions owed to the City or the State of Texas by Lessee shall become delinquent (provided, however the Lessee retains the right to timely and properly protest and contest any such Impositions); or (f) upon written notice, by either Party, if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable. Page 10 Economic Development Incentive Agreement City of Coppell and TRB Main Street Coppell, LLC (TM 62546) 5.2 Repayment. In the event the Agreement is terminated by the City pursuant to Section 5.1(b), (c), (d), (e) or (f), the Lessee shall immediately refund to the City an amount equal to the Annual Grant(s) paid by the City to the Lessee preceding the date of such termination, plus interest at the rate of interest periodically announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall Street Journal shall ever cease to exist or cease t o announce a prime or base lending rate, then at the annual rate of interest from time to time announced by Citibank, N.A. (or by any other New York mo ney center bank selected by City) as its prime or base commercial lending rate, from the date on which each respective Annual Grant is paid by the City until each such Annual Grant is refunded by the Lessee. The repayment obligation of Lessee set forth in this section shall survive termination. 5.3 Right of Offset . The City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Lessee, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. Article VI Miscellaneous 6.1 Binding Agreement. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the Parties hereto. This Agreement may not be assigned without the express written consent of the City Manager. 6.2 Limitation on Liability. It is understood and agreed between the Parties that the Lessee, in satisfying the conditions of this Agreement, has acted independently, and the City assumes no responsibilities or liabilities to third parties in connection with these actions. The Lessee agrees to indemnify and hold harmless the City from all such claims, suits, and causes of actions, liabilities and expenses of any nature whatsoever by a third party arising out of the Lessee’s failure to perform its obligations under this Agreement. 63 No Joint Venture. It is acknowledged and agreed by the Parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the Parties. 6.4 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 6.5 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered. Page 11 Economic Development Incentive Agreement City of Coppell and TRB Main Street Coppell, LLC (TM 62546) If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Ross Tower 500 N. Akard Dallas, Texas 75201 If intended for Lessee, to: Attn: Jason Boso TRB Main Street Coppell, LLC 5211 Bonita Avenue Dallas, Texas 75206 With a copy to: David T. Denney Law Offices of David T. Denney, P.C. 8350 N. Central Expressway, Suite 925 Dallas, Texas 75206 6.6 Entire Agreement . This Agreement is the entire Agreement between the Parties with respect to the subject matt er covered in this Agreement. There is no other collateral oral or written Agreement between the Parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. 6.7 Governing Law. The Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 6.8 Amendment. This Agreement may only be amended by the mutual written agreement of the Parties. 6.9 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and Page 12 Economic Development Incentive Agreement City of Coppell and TRB Main Street Coppell, LLC (TM 62546) enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 6.10 Recitals. The recitals to this Agreement are incorporated herein. 6.11 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and t he same instrument. 6.12 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 6.13 Employment of Undocumented Workers. During the term of this Agreement the Lessee agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), the Lessee shall repay the amount of the Annual Grants and any other funds received by the Lessee from the City as of the date of such violation within 120 business days after the date the Lessee is notified by the City of such violation, plus interest at the rate of six percent (6%) compounded annually from the date of violation until paid. The Lessee is not liable for a violation of this section in relation to any workers employed by a subsidiary, affiliate, or franchisee of the Lessee or by a person with whom the Lessee contracts. 6.14 Conditions Precedent . This Agreement is expressly subject to and contingent upon: (i) the Lessee entering into the Lease on or before June 1, 2016; (ii) Lessee providing the City with a copy of the fully executed Lease; and (iii) the Lessee occupying the Leased Premises on or before August 1, 2016. [Signature page to follow] Page 13 Economic Development Incentive Agreement City of Coppell and TRB Main Street Coppell, LLC (TM 62546) EXECUTED on this _______ day of _____________________, 2013. CITY OF COPPELL, TEXAS By: Karen Selbo Hunt, Mayor Attest: By: Christel Pettinos, City Secretary Approved as to Form: By: City Attorney EXECUTED this the _________ day of ______________________, 2013. TRB Main Street Coppell, LLC By: Jason Boso Title: Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1388 File ID: Type: Status: 2013-1388 Agenda Item Passed 1Version: Reference: In Control: Administration 12/02/2013File Created: 12/10/2013Final Action: Eco Dev Agreement - Quincy's Main Street CoppellFile Name: Title: Consider approval of an Economic Development Agreement by and between the City of Coppell and Quincy’s Main Street Coppell, LLC, and authorizing the Mayor to sign. Notes: Agenda Date: 12/10/2013 Agenda Number: 27. Sponsors: Enactment Date: Economic Development Agreement Memo.pdf, Economic Development Agreement.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved12/10/2013City Council Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1388 Title Consider approval of an Economic Development Agreement by and between the City of Coppell and Quincy’s Main Street Coppell, LLC, and authorizing the Mayor to sign. Summary Quincy’s Main Street Coppell, LLC is occupying 4,200 square feet of space at 505 Houston Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1388) Street. This Economic Development Incentive Agreement grants a three year sales tax rebate for Quincy’s Main Street Coppell, LLC. The amount rebated each year will be determined by the sales volume for that particular year. The rebate schedule is as follows: Amount of Annual Sales Percentage Rebated for Annual Grant $750,000 - $1,249,999 30% $1,250,000 - $1,749,999 40% $1,750,000 - $2,499,999 50% $2,500,000 - $3,249,999 60% $3,250,000 - $3,749,999 70% $3,750,000+80% Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: December 10, 2013 Reference: Consider approval of an Economic Development Agreement by and between the City of Coppell and Quincy’s Main Street Coppell, LLC, and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: Quincy’s Main Street Coppell, LLC will occupy 4,200 square feet of space at 505 Houston Street . This will be a tenant finish out in the building that will sit on the northwes t corner of the square in the development known as Main Street at Coppell. Quincy’s is the restaurant that will occupy the space, and it is the fourth restaurant announced in this development . Quincy’s is a new concept that has been created by the founders of Twisted Root Burger Co. Analysis: This Economic Development Incentive Agreement grants a three year sales tax rebate for Quincy’s Main Street Coppell, LLC. The amount rebated each year will be determined by the sales volume for that particular year. The rebate schedule is as follows: Amount of Annual Taxable Sales Percentage Rebated for Annual Grant $750,000 - $1,249,999 30% $1,250,000 - $1,749,999 40% $1,750,000 - $2,499,999 50% $2,500,000 - $3,249,999 60% $3,250,000 - $3,749,999 70% $3,750,000+ 80% Legal Review: The documents were created by Pete Smith. 2 Fiscal Impact: N/A Recommendation: Economic Development recommends approval. Page 1 Economic Development Incentive Agreement City of Coppell and Quincy’s Main Street Coppell, LLC(TM 62127) STATE OF TEXAS § § COUNTY OF DALLAS § ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT This Economic Development Incentive Agreement (“Agreement”) is made by and between the City of Coppell, Texas (the “City”), and Quincy’s Main Street Coppell, LLC a Texas limited liability company (“Lessee”) (each a “Party” and collectively the “Parties”), acting by and through their respective authorized officers. W I T N E S S E T H: WHEREAS, Lessee has leased or is under contract to lease approximately 4,200 square feet of space in the building to be constructed at 505 Houston Drive, Coppell, Texas (the “Leased Premises”), for a period of at least five (5) years (the “Lease”), and intends to operate a restaurant on the Leased Premises; and WHEREAS, the Lessee has advised the City that a contributing factor that would induce the Lessee to enter into the Lease and occupy the Leased Premises would be an agreement by the City to provide an economic development grant to the Lessee as set forth herein; and WHEREAS, the City has adopted programs for promoting economic development and this Agreement and the economic development incentives set forth herein are given and provided by the City pursuant to and in accordance with those programs; and WHEREAS, the City is authorized by Article 52-a of the Texas Constitution and Chapter 380 of the Texas Local Government Code to provide economic development grants to promote local economic development and to stimulate business and commercial activity in the City; and WHEREAS, the City has determined that making an economic development grant to the Lessee in accordance with this Agreement is in accordance with the City Economic Development Program and will: (i) further the objectives of the City; (2) benefit the City and the City’s inhabitants; and (iii) promote local economic development and stimulate business and commercial activity in the City. NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, and other valuable considerat ion the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Article I Term This Agreement shall be effective on the last date of execution hereof (“Effective Date”) and shall continue until the Expiration Date, unless sooner terminated as provided herein. Page 2 Economic Development Incentive Agreement City of Coppell and Quincy’s Main Street Coppell, LLC(TM 62127) Article II Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Annual Grants” shall mean three (3) annual grants to be paid by the City to the Lessee as set forth herein. The amount of each Annual Grant shall be computed by multiplying the Sales Tax Receipts received by the City for a given Grant Period by the percentage specified in the schedule in Section 3.1(a), less the administrative fee charged to the City by the State of Texas for collection of the Sales and Use Taxes pursuant to Tax Code Section 321.503 or other provision. “Bankruptcy or Insolvency” shall mean the dissolution or termination of a Party’s existence as a going business, insolvency, appointment of receiver for any part of such Party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such Party and such proceeding is not dismissed within ninety (90) days after the filing thereof; provided, however, “Bankruptcy or Insolvency” shall not include an event that does not affect the Lessee’s ability to continue to make the Required Use of the Leased Premises and otherwise to meet its obligations under this Agreement. “City” shall mean the City of Coppell, Texas. “Commencement Date” shall mean January 1 of the first calendar year immediately following the date the City issues a final certificate of occupancy of the Leased Premises for the Lessee. “Consummated” shall have the same meaning assigned by Texas Tax Code, Section 321.203, or its successor. “Expiration Date” shall mean the fifth (5th) anniversary date of the Commencement Date. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of the Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Grant Period” shall mean a calendar year beginning with the calendar year immediately following the Commencement Date. Page 3 Economic Development Incentive Agreement City of Coppell and Quincy’s Main Street Coppell, LLC(TM 62127) “Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges, excises, license and permit fees, and other charges by public or governmental authority, general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged, levied, or imposed by any public or governmental authority on the Lessee or any property or any business owned by Lessee within the City. “Lease” shall mean the lease of the Leased Premises by the Lessee for a period of not less than five (5) years commencing on the Lease Inception Date. “Lease Inception Date” shall mean the commencement date of the lease term under the Lease, but no later than June 1, 2016. “Leased Premises” shall mean approximately 4,200 square feet of space in the building to be constructed at 505 Houston Drive, Coppell, Texas. “Lessee” shall mean Quincy’s Main Street Coppell, LLC, a Texas limited liability company. “Payment Request” shall mean a written request from the Lessee to the City for payment of the applicable Annual Grant, accompanied by the Sales Tax Certificate for the applicable Grant Period. “Required Use” shall mean the continuous occupancy and use of the Leased Premises fo r a restaurant business open to the public and serving the citizens of the City. “Sales and Use Tax” shall mean the one percent (1%) sales and use tax imposed by the City pursuant to Chapter 321, Texas Tax Code on the sale of Taxable Items by the Lessee Consummated in the City at the Leased Premises, for revenues for general City use. “Sales Tax Certificate” shall mean a report provided by the State of Texas to the City in accordance with Texas Tax Code, Section 321.3022 (or other applicable provision of the Texas Tax Code), which lists the amount of Sales and Use Tax (including any refunds, credits or adjustments) paid to the State of Texas for the sale of Taxable Items by the Lessee Consummated at the Leased Premises, or if such report is not available, a certificate or other statement, containing such information in a form provided by the Lessee reasonably acceptable to the City setting forth the total sale of Taxable Items Consummated at the Leased Premises and the Lessee’s collection of Sales and Use Tax (including any refunds, credits or adjustments) paid to t he State of Texas, for the sale of Taxable Items by the Lessee Consummated at the Leased Premises during the applicable Grant Period, and such other information as the City may reasonably request “Sales Tax Receipts” shall mean the City’s receipts of Sales and Use Tax from the State of Texas from the Lessee’s collection of Sales and Use Tax (it being expressly Page 4 Economic Development Incentive Agreement City of Coppell and Quincy’s Main Street Coppell, LLC(TM 62127) understood that the City’s one percent (1%) sales and use tax receipts are being used o nly as a measurement for its use of general funds to make a grant for economic development purposes) as a result of sales of Taxable Items by Lessee for the applicable Grant Period Consummated at the Leased Premises. Sales Tax Receipts include the City’s one percent (1%) general sales and use tax but do not include the one-half percent (0.5%) sales and use tax imposed for the benefit of the Coppell Recreation Development Corporation, pursuant to the Development Corporation Act, Chapters 501-505 of the Texas Local Government Code, the one-quarter percent (0.25%) sales and use tax imposed by the City and specifically devoted to street maintenance and repairs, or the one-quarter percent (0.25%) sales and use tax imposed for the Coppell Crime Control Special Pu rpose District. “State of Texas” shall mean the Office of the Texas Comptroller, or its successor. “Taxable Items” shall mean both “taxable items” and “taxable services” as those terms are defined by Chapter 151, Texas Tax Code, as amended. Article III Economic Development Grant 3.1 Grants. (a) Subject to the Required Use and continued satisfaction of all the terms and conditions of this Agreement and the obligation of the Lessee to repay the Grants pursuant to Article V hereof, the City agrees, provided the Lessee has achieved the Minimum Sale of Taxable Items as set forth in Section 4.4 hereof, to provide the Lessee with three (3) Annual Grants, each in an amount equal to the percentage according to the schedule set forth below for the applicable Grant Period. The Annual Grants shall be paid within ninety (90) days after receipt of a Payment Request following the end of the applicable Grant Period. Each Payment Request shall be submitted to the City not later than sixty (60) days immediately following the end of the applicable Grant Period. If the Lessee fails to timely submit the Payment Request for any applicable Grant Period the Lessee shall forfeit the Annual Grant for such Grant Period. For illustration purposes, assume the Commencement Date is September 15, 2014, in which case the first Grant Period would begin January 1, 2015 through and including December 31, 2015, and the Payment Request for the first Grant Period would be submitted to the City by the Lessee within sixty (60) days after December 31, 2015. The first Annual Grant would be paid within ninety (90) days after end of the first Grant Period (April 1, 2016) provided the Lessee has timely provided the Payment Request. Further assume that the total sale of Taxable Items for such period is $750,000.00, then the amount of the first Annual Grant shall be equal to thirty percent (30%) of the Sales Tax Receipts for the period beginning January 1, 2015, through and including December 31, 2015. For further illustration purposes, assume the Commencement Date is September 15, 2014, in which case the first Grant Period would begin January 1, 2015 through and including December 31, 2015, and the Payment Request for the first Grant Period would be submitted to the City by the Lessee within sixty (60) days after December 31, 2015. The first Annual Grant would be paid within ninety (90) days after end of the first Grant Period (April 1, 2016) provided the Lessee has timely provided Page 5 Economic Development Incentive Agreement City of Coppell and Quincy’s Main Street Coppell, LLC(TM 62127) the Payment Request. Further assume that the total sale of Taxable Items for such period is $500,000.00, then the amount of the first Annual Grant shall be equal to zero percent (0%) of the Sales Tax Receipts for the period beginning January 1, 2015, through and including December 31, 2015. Amount of Annual Sales of Taxable Items Consummated at the Leased Premises for the Grant Period Percentage of Sales Tax Receipts for Annual Grant $750,000 - $1,249,999 30% $1,250,000 - $1,749,999 40% $1,750,000 - $2,499,999 50% $2,500,000 - $3,249,999 60% $3,250,000 - $3,749,999 70% $3,750,000 + 80% (b) Adjustment Notification. The Lessee shall promptly notify the City in writing of any adjustments found, determined or made by the Lessee, the State of Texas or by an audit that results, or will result, in either a refund or reallocation of Sales Tax Receipts or the payment of additional Sales and Use Tax or otherwise involving amounts reported by the Lessee as subject to this Agreement. Such notification shall also include the amount of any such adjustment in Sales and Use Tax or Sales Tax Receipts. The Lessee shall notify the City in writing within ninety (90) days after receipt of notice of the intent of the State of Texas to audit the Lessee, the Lessee affiliates and/or its customers. Such notification shall also include the p eriod of such audit or investigation. The provisions of this Section shall survive termination of this Agreement. (c) Adjustments. In the event the Lessee files an amended sales and use tax return, refund claim, or other report with the State of Texas, or if additional Sales and Use Tax is due and owing by the Lessee to the State of Texas, as determined or approved by the State of Texas, that affects Sales Tax Receipts for a previous Grant Period (a “Lessee Adjustment”), then the Annual Grant payment for the Grant Period that includes the State of Texas’ final approval of such Lessee Adjustment shall be adjusted accordingly (i.e., up or down, depending on the facts). A reduction in an Annual Grant payment for a Grant Period that includes a final Lessee Adjustment is required only to the extent the Lessee received a prior Annual Grant payment attributable to Sales Tax Receipts affected by the Lessee Adjustment. As a condition precedent to payment of such adjustment, the Lessee shall provide the City with a copy of any such amended sales and use tax report or return, and the approval thereof by the State of Texas. Copies of any amended sales and use tax return or report or notification from the State of Texas that additional Sales and Use Tax is due and owing by the Lessee to the State of Texas, as determined by the State of Texas, affecting Sales Tax Receipts for a previous Grant Period shall be provided to the City with the Payment Request for the next Grant Period. The provisions of this section shall survive termination of this Agreement. (d) Refunds and Underpayments of Grants. In the event the State of Texas determines that the City erroneously received Sales Tax Receipts, or that the amount of Sales Tax Receipts paid to the City exceeds (or is less than) the correct amount of Sales Tax Receipts for a previous Grant Period, for which the Lessee has received an Annual Grant, the Lessee shall, within sixty (60) days after receipt Page 6 Economic Development Incentive Agreement City of Coppell and Quincy’s Main Street Coppell, LLC(TM 62127) of notification thereof from the City specifying the amount by which such Annual Grant exceeded the amount to which the Lessee was entitled pursuant to such State of Texas determination, adjust (up or down, depending on the facts) the amount claimed due for the Annual Grant payment for the Grant Period immediately following such State of Texas determination. If the Lessee does not adjust the amount claimed due for the Annual Grant payment for the Grant Period immediately following such State of Texas determination, the City may, at its option, adjust the Annual Grant payment for the Grant Period immediately following such State of Texas determination. If the adjustment results in funds to be paid back to the City, the Lessee shall repay such amount to the City within sixty (60) days after receipt of such State of Texas determination. As a condition precedent to payment of such refund, the City shall provide Lessee with a copy of such determination by the State of Texas. The provisions of this Section shall survive termination of this Agreement. (e) Grant Payment Termination; Suspension. This payment of Annual Grants shall terminate on the effective date of determination by the State of Texas or other appropriate agency or court of competent jurisdiction that the Leased Premises is not a place of business resulting in Sales and Use Taxes being due the City from the sale of Taxable Items by the Lessee at the Leased Premises. In the event the State of Texas seeks to invalidate the Leased Premises as a place of business where Sales and Use Tax was properly remitted to the State of Texas (the “Comptroller Challenge”), the payment of Annual Grants by the City hereunder shall be suspended until such Comptroller Challenge is resolved in whole favorably to the City. In such event, the Lessee shall not be required to return or refund Annual Grants previously received from the City provided the Lessee is actively defending against and/or contesting the Comptroller Challenge and Lessee promptly informs the City in writing of such Lessee actions and with copies of all documents and information related thereto. In the event the Comptroller Challenge is not resolved favorably to the City and/or in the event the State of Texas determines that the Leased Premises is not a place of business where the Sales and Use Tax was properly remitted to the State of Texas, and Sales and Use Tax Receipts previously paid or remitted to the City relating to the Leased Premises are reversed and required to be repaid to the State of Texas, then the obligation to pay the Annual Grants shall terminate and the Lessee shall refund all Annual Grants received by the Lessee from the City that relate to the Comptroller Challenge, which refund shall be paid to the City within forty-five (45) days of the date that the Comptroller Challenge required the City to repay Sales and Use Tax Receipts. 3.2 Current Revenue. The Annual Grants made hereunder shall be paid solely from lawfully available funds that have been appropriated by the City. Under no circumstances shall the obligations of the City hereunder be deemed to create any debt within the meaning of any constitutional or statutory pr ovision. The Annual Grants shall be paid solely from annual appropriations from the general funds of the City or from such other funds of the City as may be legally set aside for such purpose co nsistent with Article III, Section 52(a) of the Texas Constitution. 3.3 Grant Limitations. The City shall not be obligated to pay any commercial bank, lender or similar institution for any loan or credit agreement made by the Lessee. None of the obligations of the City under this Agreement shall be pledged or otherwise encumbered by the Lessee in favor of any commercial lender and/or similar financial institution. Page 7 Economic Development Incentive Agreement City of Coppell and Quincy’s Main Street Coppell, LLC(TM 62127) 3.4 Indemnification. THE LESSEE AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY THE “CITY”) HARMLESS FROM AND AGAINST ANY AND ALL REASONABLE LIABILITIES, DAMAGES, CLAIMS, LAWSUITS, JUDGMENTS, ATTORNEY FEES, COSTS, EXPENSES, AND CLAIMS OR DEMANDS BY THE STATE OF TEXAS THAT THE CITY HAS BEEN PAID ERRONEOUSLY OR OVER-PAID OR INCORRECTLY ALLOCATED SALES AND USE TAX ATTRIBUTED TO THE SALE OF TAXABLE ITEMS BY THE LESSEE AT THE LEASED PREMISES OR IN THE CITY FOR ANY PERIOD DURING THE TERM OF THIS AGREEMENT OR DURING ANY GRANT PERIOD OR AS THE RESULT OF THE FAILURE OF THE LESSEE TO MAINTAIN A PLACE OF BUSINESS AT THE LEASED PREMISES OR IN THE CITY, OR AS A RESULT OF ANY ACT OR OMISSION OR BREACH OR NON-PERFORMANCE BY LESSEE UNDER THIS AGREEMENT EXCEPT THAT THE INDEMNITY PROVIDED HEREIN SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE ACTIONS OR OMISSIONS OF THE CITY. THE PROVISIONS OF THIS SECTION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT BEING THE INTENTION OF THE PARTIES THAT THE LESSEE SHALL BE RESPONSIBLE FOR THE REPAYMENT OF ANY ANNUAL GRANTS PAID TO THE LESSEE HEREIN COMPUTED WITH RESPECT TO SALES AND USE TAX RECEIPTS THAT THE STATE OF TEXAS HAS DETERMINED WAS ERRONEOUSLY PAID, DISTRIBUTED, OR ALLOCATED TO THE CITY. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Article IV Conditions to Annual Grants The obligation of the City to pay the Annual Grants shall be conditioned upon the compliance and satisfaction by the Lessee of the terms and conditions of this Agreement and each of the conditions set forth in Article IV. 4.1 Payment Request . The Lessee shall, as a condition precedent to the payment of each Annual Grant, timely provide the City with the applicable Payment Request. 4.2 Good Standing. The Lessee shall not have an uncured breach or default of this Agreement, or a Related Agreement. 4.3 Sales Tax Certificate. As a condition to the payment of each Annual Grant hereunder, the City shall have received a Sales Tax Certificate for the applicable Grant Period for which payment of an Annual Grant is requested. The City shall have no duty to calculate the Sales Tax Receipts or determine the entitlement of the Lessee to any Annual Grant, or pay any Annual Grant during the term of this Agreement until such time as Lessee has provided the City a Sales Tax Certificate accompanying a timely Payment Request for the applicable Grant Period. The Page 8 Economic Development Incentive Agreement City of Coppell and Quincy’s Main Street Coppell, LLC(TM 62127) City may, but is not required to, provide Lessee with a form for the Sales Tax Certificate required herein. At the request of the City, the Lessee shall provide such additional documentation as may be reasonably requested by the City to evidence, support and establish the Sales Tax Receipts (including Sales and Use Tax paid directly to the State of Texas pursuant to a direct payment permit) received by the City from the State of Texas. The Sales Tax Certificate accompanying a Payment Request shall at a minimum contain, include or be accompanied by the following: (a) A schedule detailing the amount of total sales and the amount of Sales and Use Tax collected and paid to the State of Texas as a result of the sale of Taxable Items by Lessee Consummated at the Leased Premises for the Grant Period; (b) A copy of all Sales and Use Tax returns and reports, Sales and Use Tax prepayment returns, direct payment permits and reports, including amended Sales and Use Tax returns or reports, filed by Lessee for the applicable Grant Period showing the Sales and Use Tax collected (including Sales and Use Tax paid directly to the State of Texas pursuant to a direct payment certificate) by Lessee for the sale of Taxable Items Consummated at the Leased Premises; (c) A copy of all direct payment and self-assessment returns, including amended returns, filed by Lessee for the applicable Grant Period showing the Sales and Use Tax paid for the sale of Taxable Items by Lessee Consummated at the Leased Premises; (d) Information concerning any refund or credit received by Lessee of the Sales and Use Taxes paid or collected by Lessee (including any Sales and Use Tax paid directly to the State of Texas pursuant to a direct payment permit) which has previously been reported by Lessee as Sales and Use Tax paid or collected; and (e) A schedule detailing the total sales of Taxable Items by the Lessee Consummated at the Leased Premises for the applicable Grant Period. The City agrees to the extent allowed by law to maintain the confidentiality of the Sales Tax Certificate. 4.4 Minimum Sales of Taxable Items. As a condition precedent to the payment of each Annual Grant hereunder, the Lessee shall have a minimum of at least Seven Hundred Fifty Thousand Dollars ($750,000.00) (“Minimum Sales of Taxable Items”) in sales of Taxable Items Consummated at the Leased Premises for the applicable Grant Period. If the required minimum Sale of Taxable Items is not achieved for a given Grant Period the Lessee shall forfeit its right to an Annual Grant for such Grant Period, but such failure shall not be an event of default subject to termination and recapture as provided in Article V hereof. 4.5 Required Use. During the term of this Agreement beginning on the Commencement Date and continuing until the Expiration Date, the Leased Premises shall not be Page 9 Economic Development Incentive Agreement City of Coppell and Quincy’s Main Street Coppell, LLC(TM 62127) used for any purpose other than the Required Use, and the operation of the Leased Premises in conformance with the Required Use shall not cease for more than thirty (30) continuous days except in connection with, and to the extent of an event of Force Majeure or C asualty. 4.6 Continuous Lease and Occupancy. The Lessee shall, beginning on the Commencement Date and continuing thereafter until the Expiration Date, continuously lease and occupy the Leased Premises. 4.7 Lease. The Lessee shall have entered into the Lease on or before June 1, 2016, and the Lessee shall occupy the Leased Premises on or before August 1, 2016. Article V Termination 5.1 Termination. This Agreement shall terminate upon any one of the following: (a) by written agreement of the Parties; (b) Expiration Date; (c) upon written notice, by either Party in the event the other Party breaches any of the terms or conditions of this Agreement, or a Related Agreement, and such breach is not cured within thirty (30) days after the nonbreaching Party sends written notice to the breaching Party of such breach; (d) upon written notice, by the City, if Lessee suffers an event of Bankruptcy or Insolvency; (e) upon written notice, by the City, if any Impositions owed to the City or t he State of Texas by Lessee shall become delinquent (provided, however the Lessee retains the right to timely and properly protest and contest any such Impositions); or (f) upon written notice, by either Party, if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable. 5.2 Repayment. In the event the Agreement is terminated by the City pursuant to Section 5.1(b), (c), (d), (e) or (f), the Lessee shall immediately refund to the City an amount equal to the Annual Grant(s) paid by the City to the Lessee preceding the date of such termination, plus interest at the rate of interest periodically announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall Street Journal shall ever cease to exist or cease to announce a prime or base lending rate, then at the annual rate of interest from time to time announced by Citibank, N.A. (or by any other New York mo ney center bank selected by City) as its prime or base commercial lending rate, from the date on which each respective Annual Grant is paid by the City until each such Annual Grant is refunded by the Lessee. The repayment obligation of Lessee set forth in this section shall survive termination. Page 10 Economic Development Incentive Agreement City of Coppell and Quincy’s Main Street Coppell, LLC(TM 62127) 5.3 Right of Offset . The City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Lessee, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. Article VI Miscellaneous 6.1 Binding Agreement. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the Parties hereto. This Agreement may not be assigned without the express written consent of the City Manager. 6.2 Limitation on Liability. It is understood and agreed between the Parties that the Lessee, in satisfying the conditions of this Agreement, has acted independently, and the City assumes no responsibilities or liabilities to third parties in connection with these actions. The Lessee agrees to indemnify and hold harmless the City from all such claims, suits, and causes of actions, liabilities and expenses of any nature whatsoever by a third party arising out of the Lessee’s failure to perform its obligations under this Agreement. 63 No Joint Venture. It is acknowledged and agreed by the Parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the Parties. 6.4 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 6.5 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered. If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Ross Tower 500 N. Akard Dallas, Texas 75201 Page 11 Economic Development Incentive Agreement City of Coppell and Quincy’s Main Street Coppell, LLC(TM 62127) If intended for Lessee, to: Attn: Jason Boso Quincy’s Main Street Coppell, LLC 5211 Bonita Avenue Dallas, Texas 75206______________________________ With a copy to: David T. Denney Law Offices of David T. Denney, P.C. 8350 N. Central Expressway, Suite 925 Dallas, Texas 75206 _____________________________ 6.6 Entire Agreement . This Agreement is the entire Agreement between the Parties with respect t o the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the Parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. 6.7 Governing Law. The Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 6.8 Amendment. This Agreement may only be amended by the mutual written agreement of the Parties. 6.9 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 6.10 Recitals. The recitals to this Agreement are incorporated herein. 6.11 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall co nstitute one and the same instrument. Page 12 Economic Development Incentive Agreement City of Coppell and Quincy’s Main Street Coppell, LLC(TM 62127) 6.12 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the terminat ion of this Agreement shall survive termination. 6.13 Employment of Undocumented Workers. During the term of this Agreement the Lessee agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), the Lessee shall repay the amount of the Annual Grants and any other funds received by the Lessee from the City as of the date of such violation within 120 business days after the date the Lessee is notified by the City of such violation, plus interest at the rate of six percent (6%) compounded annually from the date of violation until paid. The Lessee is not liable for a violation of this section in relation to any workers employed by a subsidiary, affiliate, or franchisee of the Lessee or by a person with whom the Lessee contracts. 6.14 Conditions Precedent . This Agreement is expressly subject to and contingent upon: (i) the Lessee entering into the Lease on or before June 1, 2016; (ii) Lessee providing the City with a copy of the fully executed Lease; and (iii) the Lessee occupying the Leased Premises on or before August 1, 2016. [Signature page to follow] Page 13 Economic Development Incentive Agreement City of Coppell and Quincy’s Main Street Coppell, LLC(TM 62127) EXECUTED on this _______ day of _____________________, 2013. CITY OF COPPELL, TEXAS By: Karen Selbo Hunt, Mayor Attest: By: Christel Pettinos, City Secretary Approved as to Form: By: City Attorney EXECUTED this the _________ day of ______________________, 2013. QUINCY’S MAIN STREET COPPELL, LLC By: Jason Boso Title: Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1382 File ID: Type: Status: 2013-1382 Agenda Item Passed 1Version: Reference: In Control: Parks and Recreation 12/02/2013File Created: 12/10/2013Final Action: Naming the Dog ParkFile Name: Title: Consider approval of naming the Dog Park in Coppell. Notes: Agenda Date: 12/10/2013 Agenda Number: 28. Sponsors: Enactment Date: Memo.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved12/10/2013City Council Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to approve the name of "Waggin' Tails Park" as the name of the Dog Park. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1382 Title Consider approval of naming the Dog Park in Coppell. Summary See attached memo. Fiscal Impact: There is no fiscal impact due to approving this item. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1382) Staff Recommendation: Department recommends approval. Goal Icon: Community Wellness and Enrichment Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Date: December 10, 2013 Reference: Consider approval of naming the Dog Park in Coppell 2030: Although not specifically called out for in the Coppell 2030 Plan, a dog park could be included in the Community Wellness and Enrichment Strategy, under the goal Community Gathering Places, with the value to the residents of creating activities for all family generations and neighbors meeting neighbors and making new friends. It might also meet the goal of having Recreation Programs and Services For All Generations, with the value to the residents of having a variety of choices for leisure time and convenient access to recreation opportunities in Coppell. Introduction: The Park Board has been discussing the name of the new dog park at MacArthur Park for several months. They formulated a sub-committee to recommend a name to full Board, after consideration of input from the users and careful reflection of their personal values. Analysis: After careful consideration and thoughtful discussion, the Park Board respectfully submits the name of the new dog park to be “Waggin’ Tails Park”. Legal Review: Agenda item did not require legal review Fiscal Impact: There is no fiscal impact due to approving this item. Recommendation: The Parks and Recreation Department recommends the city move forward with naming the dog park Waggin’ Tails Park. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1384 File ID: Type: Status: 2013-1384 Agenda Item Passed 1Version: Reference: In Control: Engineering 12/02/2013File Created: 12/10/2013Final Action: Award of North Lake DamFile Name: Title: Consider approval to enter into a contract with Archer Western Construction, LLC, in an amount of $2,911,300.00, for the Modifications to North Lake Dam and Spillway project; and authorizing the City Manager to sign and execute all necessary documents. Notes: Agenda Date: 12/10/2013 Agenda Number: 29. Sponsors: Enactment Date: Northlake Dam Award Memo.pdf, Northlake Dam Exhibit.pdf, Recommendation of Award.pdf, Bid Tabulation.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved12/10/2013City Council Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1384 Title Consider approval to enter into a contract with Archer Western Construction, LLC, in an amount of $2,911,300.00, for the Modifications to North Lake Dam and Spillway project; and authorizing the City Manager to sign and execute all necessary documents. Summary Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1384) Fiscal Impact: Funds in the amount of $2,500,000.00 have been designated in General Fund - Fund Balance for this project. The remaining funds will need to be provided by Undesignated Fund Balance. Staff Recommendation: The Engineering Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: December 10, 2013 Reference: Modifications to North Lake Dam and Spillway Project 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities Introduction: This agenda item is being presented for approval to enter into a contract with Archer Western Construction, LLC, in an amount of $2,911,300.00 for the modifications to the North Lake Dam and Spillway. Analysis: For many years the City of Coppell has been involved in the development of property within the City of Dallas surrounding North Lake. After working through numerous legal issues, an agreement was signed in 2008 between the City of Coppell and Cypress Waters Land A, Ltd. This agreement allowed for the purchase of certain portions of the property by the City of Coppell and denoted several other areas of Coppell’s responsibility for future development. In 2009, the Omnibus Amendment to the Contractor Purchase and Sell, In Lieu of Eminent Domain, was executed by the City of Coppell and Cypress Waters Land A, Ltd. concerning the modifications of the existing spillway controlling the lake level of North Lake. On April 24, 2012, a design contract was awarded to Freese and Nichols for modifications to the North Lake Dam to lower the lake level in accordance with our obligations under the previously mentioned agreements. On November 21, 2013 the City received and opened four sealed bids for the Modifications to North Lake Dam and Spillway Project. The bids ranged from a low of $2,911,300.00 to a high of $4,299,880.00. While this appears to be a large spread, the lowest three bids were all within 5% of each other, with the fourth bid being more than 1.2 million dollars higher than the third highest bid. 2 The low bid was submitted by Archer Western Construction, LLC. This company is headquartered in Atlanta, GA and as a subsidiary to the Walsh Group is one of the largest construction contractors in the nation. This project will be managed out of their regional office in Irving, TX. The design engineer performed standard background and reference checks, and found no reason to doubt their ability to complete the project. See the attached recommendation letter from Freese & Nichols. Legal Review: This standard contract was reviewed by legal staff, and no changes were requested. Fiscal Impact: The fiscal impact of this Agenda item is $2,911,300.00 Recommendation: The Engineering Department recommends approval of this contract with Archer Western Construction, LLC in the amount of $2,911,300.00. North Lake Dam Improvements City of Coppell Project DR11-01 Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg \DR11-01 NL DAM Created on: 3 December 2013 by Scott Latta 1/2 1/2 1 1 INCH = FT. 0 600 600 300 North Lake Dam Improvements City of Coppell Project DR11-01 Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg \DR11-01 NL DAM Created on: 3 December 2013 by Scott Latta AREA OF PROPOSED DAM IMPROVEMENTS 2/2 Unit PriceExtended AmountUnit PriceExtended AmountUnit PriceExtended AmountUnit PriceExtended Amount1 Mobilization/Demobilization LS 1 66,000.00$ 66,000.00$ 135,000.00$ 135,000.00$ 145,000.00$ 145,000.00$ 210,000.00$ 210,000.00$ 2 Trench Safety System LF 670 10.00$ 6,700.00$ 4.00$ 2,680.00$ 5.00$ 3,350.00$ 4.00$ 2,680.00$ 3 Care of Water During Construction LS 1 290,000.00$ 290,000.00$ 225,000.00$ 225,000.00$ 170,000.00$ 170,000.00$ 245,000.00$ 245,000.00$ 4 Prepare and Implement SWPPP LS 1 17,000.00$ 17,000.00$ 17,500.00$ 17,500.00$ 22,000.00$ 22,000.00$ 75,000.00$ 75,000.00$ 5 Foundation Preparation LS 1 37,000.00$ 37,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 120,000.00$ 120,000.00$ 6 Concrete Removal and Demolition LS 1 89,000.00$ 89,000.00$ 309,000.00$ 309,000.00$ 160,000.00$ 160,000.00$ 190,000.00$ 190,000.00$ 7 Required Excavation CY 70,800 6.00$ 424,800.00$ 6.50$ 460,200.00$ 10.00$ 708,000.00$ 6.00$ 424,800.00$ 8 Compacted Fill CY 61,500 11.20$ 688,800.00$ 6.50$ 399,750.00$ 9.00$ 553,500.00$ 3.60$ 221,400.00$ 9 Intake and Retaining Wall LS 1 67,000.00$ 67,000.00$ 165,000.00$ 165,000.00$ 130,000.00$ 130,000.00$ 180,000.00$ 180,000.00$ 10 Conduit LS 1 360,000.00$ 360,000.00$ 351,000.00$ 351,000.00$ 270,000.00$ 270,000.00$ 602,000.00$ 602,000.00$ 11 Outlet Headwall LS 1 24,000.00$ 24,000.00$ 35,000.00$ 35,000.00$ 45,000.00$ 45,000.00$ 35,000.00$ 35,000.00$ 12 Retaining Walls LS 1 141,000.00$ 141,000.00$ 66,000.00$ 66,000.00$ 60,000.00$ 60,000.00$ 98,000.00$ 98,000.00$ 13 Pilot Channel LS 1 100,000.00$ 100,000.00$ 52,000.00$ 52,000.00$ 40,000.00$ 40,000.00$ 92,000.00$ 92,000.00$ 14 Edge Wall LS 1 57,000.00$ 57,000.00$ 56,000.00$ 56,000.00$ 51,000.00$ 51,000.00$ 95,000.00$ 95,000.00$ 15 Rock Riprap CY 9,600 25.00$ 240,000.00$ 30.00$ 288,000.00$ 35.00$ 336,000.00$ 130.00$ 1,248,000.00$ 16 Barrier Warning System LS 1 13,000.00$ 13,000.00$ 10,700.00$ 10,700.00$ 4,000.00$ 4,000.00$ 30,000.00$ 30,000.00$ 17 Grassing for Erosion Control LS 1 138,000.00$ 138,000.00$ 85,000.00$ 85,000.00$ 90,000.00$ 90,000.00$ 75,000.00$ 75,000.00$ 18 Instrumentation LS 1 53,000.00$ 53,000.00$ 85,800.00$ 85,800.00$ 30,000.00$ 30,000.00$ 60,000.00$ 60,000.00$ 19 Internal Drainage System LS 1 7,000.00$ 7,000.00$ 28,350.00$ 28,350.00$ 25,000.00$ 25,000.00$ 140,000.00$ 140,000.00$ 20 Access Roads LS 1 92,000.00$ 92,000.00$ 127,000.00$ 127,000.00$ 150,000.00$ 150,000.00$ 156,000.00$ 156,000.00$ TOTAL:2,911,300.00$ TOTAL:2,973,980.00$ TOTAL:3,067,850.00$ TOTAL:4,299,880.00$ Contract Days300Contract Days330Contract Days300Contract Days364Jay Mills Contracting, Inc. Earth Builders, LP FCS Construction, LLCEstimated QuantityUnitsItem No.Modifications to North Lake Dam and SpillwayProject No. DR 11-01Bid No. Q-1113-02Archer Western Construction, LLCDescription Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1381 File ID: Type: Status: 2013-1381 Agenda Item Passed 1Version: Reference: In Control: Engineering 12/02/2013File Created: 12/10/2013Final Action: Northlake ContractFile Name: Title: Consider approval of an amendment to a design contract with Freese and Nichols to modify the North Lake spillway to provide for modifications to the original design and construction phase services in the amount of $207,600.00; and authorizing the City Manager to sign and execute any necessary documents. Notes: Agenda Date: 12/10/2013 Agenda Number: 30. Sponsors: Enactment Date: Northlake Design Memo.pdf, Northlake Dam Exhibit.pdf, CCA #01.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved12/10/2013City Council Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Tim Brancheau, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1381 Title Consider approval of an amendment to a design contract with Freese and Nichols to modify the North Lake spillway to provide for modifications to the original design and construction phase services in the amount of $207,600.00; and authorizing the City Manager to sign and execute any necessary documents. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1381) Summary Fiscal Impact: Funds for this contract will need to be provided by General Fund Undesignated Fund Balance. Staff Recommendation: The Engineering Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE: December 10, 2013 REF: Consider approval of an amendment to a design contract with Freese and Nichols to modify the North Lake spillway to provide for modifications to the original design and construction phase services in the amount of $207,600.00; and authorizing the City Manager to sign and execute any necessary documents. GOALS: Sustainable City Government, Goal 3 Introduction: For many years the City of Coppell has been involved in the development of property within the City of Dallas surrounding North Lake. After working through numerous legal issues, an agreement was signed in 2008 between the City of Coppell and Cypress Waters Land A, Ltd. This agreement allowed for the purchase of certain portions of the property by the City of Coppell and denoted several other areas of Coppell’s responsibility for future development. In 2009, the Omnibus Amendment to the Contractor Purchase and Sell, In Lieu of Eminent Domain, was executed by the City of Coppell and Cypress Waters Land A, Ltd. concerning modifications of the existing spillway controlling the lake level of North Lake. Analysis: On April 24, 2012, a design contract was awarded to Freese and Nichols for modifications to the North Lake Dam to lower the lake level. The design has been completed and the work has been bid. Previously this evening, a construction contract was presented to Council for award of modifications to the North Lake Dam to the low bidder of Archer Western Construction, LLC. Upon award of the construction contract, the City needs to retain onsite inspection services to ensure the modifications to the North Lake Dam are completed in compliance with the plans and specifications. The safety of the modified dam is of paramount importance because of the downstream development. The actual intricacies associated with modifying the dam exceed the technical knowledge of staff. Therefore, we requested that Freese and Nichols provide us a design contract amendment to inspect the onsite work. Not only are Freese and Nichols the design engineer, but they were also the engineering firm retained by ONCOR/Luminant to prepare the yearly dam inspection reports for the state. 2 The requested amendment to the original contract consists of three components. The first is an adjustment for additional design services associated with modifications to the back side slope of the dam to create a more stable slope and to design an access road to the dam. The second component is for general representation of the design engineer for periodic site visits during construction. The last component is for the onsite inspection services. The onsite inspector will be onsite for all critical aspects of the construction. It’s anticipated that for about four months he/she would only be needed about 6 hours per week but during critical aspects of the construction he/she would be onsite about 30 hours per week. Legal Review: Fiscal Impact: There is fiscal impact in the amount of $207,600.00. Recommendation: The Engineering Department recommends approval of the design contract amendment to Freese and Nichols in the amount of $207,600.00 and will be available to answer any questions during the Council meeting. North Lake Dam Improvements City of Coppell Project DR11-01 Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg \DR11-01 NL DAM Created on: 3 December 2013 by Scott Latta 1/2 1/2 1 1 INCH = FT. 0 600 600 300 North Lake Dam Improvements City of Coppell Project DR11-01 Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg \DR11-01 NL DAM Created on: 3 December 2013 by Scott Latta AREA OF PROPOSED DAM IMPROVEMENTS 2/2 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1383 File ID: Type: Status: 2013-1383 Agenda Item Passed 1Version: Reference: In Control: Engineering 12/02/2013File Created: 12/10/2013Final Action: Plans ExaminerFile Name: Title: Consider approval of a new staff position for a Plans Examiner in the Building Inspections Department. Notes: Agenda Date: 12/10/2013 Agenda Number: 31. Sponsors: Enactment Date: Plans Examiner Memo.pdf, Permit Progress.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved12/10/2013City Council Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1383 Title Consider approval of a new staff position for a Plans Examiner in the Building Inspections Department. Summary Fiscal Impact: Funds for this position will need to be provided by General Fund Undesignated Fund Balance. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1383) Staff Recommendation: The Engineering Department recommends approval. Goal Icon: Sustainable City Government Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: December 10, 2013 Reference: Consider approval of a new staff position for a Plans Examiner in the Building Inspections Department. 2030: Sustainable City Government Strategy, Goal 1: Excellent City Services with a High Level of Customer Satisfaction Business Prosperity Strategy, Goal 2: Major Retail and Top Quality Business Office Park along I-635 and State Highway 121 Goal 4: Community Commercial Centers Introduction: This item is to consider approval of a new staff position for a Plans Examiner in the Building Inspections Department. The Building Inspections Department, at its current staffing level, is unable to provide the plan reviews and inspections needed to keep up with development and provide the best customer service. This issue is compounded when one person is gone on vacation, sick or on emergency leave. Recently, we have had to outsource a portion of our plan reviews to try to meet our objective of a two week review time. A Plans Examiner would do both commercial and residential review, answer questions and help expedite service at the front counter. Also, fences, sheds, gazebos, arbors, pools, remodels, racking systems and other permits could be reviewed immediately over the counter. Currently there is a wait period of three days for these reviews. At present, we utilize our Commercial Inspector and Residential Inspector to review plans, which are done in-between inspections when they have the opportunity. With the current development and future development to include several hundred residential units and millions of square feet of potential commercial development and re-development, we will be unable to keep up this pace without help. We are striving to streamline our processes to be more efficient and to provide the best service to our customers. If the position is approved, the Plans Examiner would allow us to do just that. A report on commercial building plan reviews from September to December shows that of the 31 plans in for review, 17 were done by the 3rd party review. Of the 31 plans only 3 were within the 10 day turnaround time frame. The attached permit 2 progress chart shows the increase of permits, valuation and fees collected, over the last three years. We have seen an increase in permits by approximately 32%, valuation 136% and fees collected 163%. In 2011 we did have a substantial increase of permits due to roofing permits because of the hail damage. Analysis: The Plans Examiner position has been in our Five Year Plan for Fiscal Year 14-15 with salary and benefits at $70,000, and onetime $6,500 expenditure for desk, computer and other supplies, as needed. Within the last month we have employed two third party individuals, when they are available to help, along with third party inspectors, and have still fallen behind. Below are the fees we paid to these third party individuals. Winston Services, Inc. = 23.5 hr. X $150 hr. = $3,525 Kurt Hanson. = 24 hr. at $100 hr. = $2,400 We have surveyed surrounding cities and the following have a Plans Examiner on staff: Grapevine, Carrollton, Lewisville, Flower Mound, Farmers Branch, Denton, Frisco, Arlington, Grand Prairie, Fort Worth, Irving, Keller, Dallas, and Southlake. Legal Review: No legal review required. Fiscal Impact: $76,500 Recommendation: The Engineering Department recommends approval of adding a new staff position for a Plans Examiner in the Building Inspections Department. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1396 File ID: Type: Status: 2013-1396 Agenda Item Passed 1Version: Reference: In Control: Engineering 12/05/2013File Created: 12/10/2013Final Action: E. Sandy Lake Water LineFile Name: Title: Consider approval of a Resolution authorizing the City Manager to enter into a contract for emergency repairs to the 16” water line in Sandy Lake Road from Starleaf Street to Kimbel Kourt. Notes: Agenda Date: 12/10/2013 Agenda Number: 32. Sponsors: Enactment Date: Emergency Repair Memo.pdf, WL REPLACEMENT.pdf, FNI Line Size Analysis.pdf Attachments: Enactment Number: 2013-1210.8 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved12/10/2013City Council Presentation: Keith Marvin, Assistant Director of Public Works, made a presentation to Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Text of Legislative File 2013-1396 Title Consider approval of a Resolution authorizing the City Manager to enter into a contract for emergency repairs to the 16” water line in Sandy Lake Road from Starleaf Street to Kimbel Kourt. Summary Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1396) Fiscal Impact: Funds will need to be provided by the Water/Sewer Fund Retained Earnings (similar to General Fund - Fund Balance) for this contract. Staff Recommendation: The Engineering Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Date: Reference 2030: Introduct Over the p Lake Road failure nea repair the of two trav incurred a incidentals We have n to make co emergency Analysis: The 16” w Road. Th structural service lif recent fai Unfortuna process for City staff Starleaf St made the Mayor Ken Gr Decemb e: Approv 16” Wa Sustain Excelle ion: past three m d just west ar the same line. The lin vel lanes in a cost of ap s associated now experien ostly, hazard y conditions water line in he pipe use support, and fe expectanc ilures we h tely this add r a schedule f has perform treet and Ki determinatio and City Co riffin, P.E., D ber 10, 2013 val of a Reso ater Line on nable City Go ent and Well months we ha of Starleaf location. In ne is directly order to ma pproximatel with the rep nced a third dous repairs, . question wa d is concre d coated in c y of this pip have begun ditional failu d replaceme med prelim imbel Kourt on that the p MEM ouncil Director of E 3 olution Decl East Sandy overnment, G -maintained ave experien Street. Ap n all instance y under the w ake the repa ly $50,000 pairs. failure on th we are prop as installed i te cylinder concrete on pe material the proce ure has occur ent of this lin minary engin t. Working portion of 16 1 MORANDU Engineering laring an Em Lake Road Goal 3 d City Infrast nced two fai pproximately es crews wo westbound t airs. Each t in material he same line posing to rep in 1972-197 pipe, which the outside at the time ss of plann rred prior to ne. neering for t in conjunct 6” concrete UM and Public W mergency Re tructure and ilures in the y six years a orked around travel lanes, time we hav , equipment e in the same place a large 73, and runs h is a steel to prevent d of installati ning for th o us scheduli the replacem tion with Fre cylinder pip Works elated to the Facilities e 16” water l ago we exp d the clock f and requires ve made thes t rental, ov e area. Rath e segment of from Starle pipe wrapp deterioration ion was 50 y he replacem ing a typical ment of the eese & Nich pe between e Replaceme line in East perienced a s for several d s a lengthy c se repairs w vertime cost her than cont f this old line af Street to ped with w n of the stee years. Due ment of this l design, bid e portion be hols, Inc. w Kimbel Kou ent of a Sandy similar days to closure we have ts, and tinuing e under Moore wire for l. The to the s line. d, build etween we have urt and 2 Starleaf Street can be replaced with 12” PVC pipe without any adverse impact to our water system. Freese and Nichols maintains the model of our water system, and under fire flow conditions, the system pressure drops approximately 2 psi to a residual pressure of 67 psi. On December 4, 2013 we invited the construction firms of RKM Utilities, Barson Utilities, and Four Star Excavating to review the preliminary engineering plans and walk the limits of the proposed installation. These firms were selected because they are currently working in the city, or in the case of Barson Utilities, about to begin a similar project on behalf of the city. All three of these firms have been recently vetted, and all are qualified and capable of completing the project. Based on the material provided at that meeting, all three firms were interested in the project and were asked to submit a written bid to perform the work no later than the close of business on Monday, December 9, 2013. The bids received will be opened, tabulated, and presented at the Council Meeting for your consideration. The Engineering Department estimates the cost of this installation to be approximately $450,000. Taking emergency action to replace this line is an extraordinary effort, but in this case we see it as necessary. The steps we have taken to ensure we receive reasonable and appropriate bids should ensure that the cost of this replacement under these conditions is not excessive to our citizens. We will continue the process of planning for the replacement of the remaining portion of this 40 year old 16” water line. The portion between Kimbel Kourt and Moore Road is more complex and will require an engineering design firm to provide detailed design plans. We have not had any issues with this portion to date, and it’s our opinion we have time to take the standard approach to this replacement. Legal Review: In the Coppell Code of Ordinances, Chapter 1, Article 1-5-6 G, it states “No expenditure exceeding $50,000.00 may be made without competitive bids except when the expenditure falls within one of the general exemptions outlined in section 252.022 of the Texas Local Government Code, provided however, that in the event of an emergency expenditure, such emergency shall be declared by the city manager and approved by the city council, or may be declared by the city council in its resolution authorizing execution of the contract.” Section 252.022 of the Texas Local Government Code states “GENERAL EXEMPTIONS. (a) This chapter does not apply to an expenditure for: a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of the municipality;” The resolution to authorize the emergency and to enter into a contract was sent to the attorney on December 5, 2013 for review. Fiscal Impact: The fiscal impact of this Agenda item is approximately $450,000, with an actual cost to be presented at the City Council meeting Recommendation: The Engineering Department recommends approval of a contract for the emergency replacement of this water line. The lowest responsible bidder will be presented at the City Council meeting. Proposed Water Line Replacement, Starleaf St to Kimbel Kt, City of Coppell Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg \WL REPLACEMENT Created on: 5 December 2013 by Scott Latta 1/3 1/2 1 1 INCH = FT. 0 800 800 400 Proposed Water Line Replacement, Starleaf St to Kimbel Kt, City of Coppell Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg \WL REPLACEMENT Created on: 5 December 2013 by Scott Latta 2/3 PROPOSED WATER LINE REPLACEMENT EXISTING WATER LINE TO REMAIN IN SERVICE 1 INCH = FT. 0 250 250 125 Proposed Water Line Replacement, Starleaf St to Kimbel Kt, City of Coppell Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg \WL REPLACEMENT Created on: 5 December 2013 by Scott Latta 3/3 PROPOSED WATER LINE REPLACEMENT EXISTING WATER LINE TO REMAIN IN SERVICE EXISTING WATER LINE TO BE REMOVED FROM SERVICE 1 Keith Marvin From:Jessica Brown <JLB@freese.com> Sent:Monday, December 02, 2013 10:26 PM To:Keith Marvin Cc:Tricia Hatley Subject:RE: Water Model Review Keith,    I ran this through the existing and buildout peak hour model scenarios (Peak hour has higher flows than maximum day  demands.).  All the model results I'm listing below are from the buildout peak hour model scenario.  The impact fee  population and non‐residential projections show no growth in this area.  The flow through this section was 2.13 MGD  with a velocity of 2.4 ft/s and headloss gradient of 1.76 ft/1000 ft with a 16" line.  With a 12" line, the flow goes down to  1.58 MGD with a velocity of 3.1 ft/s and headloss gradient of 4.1 ft/1000 ft.  All of these parameters are still within  recommended guidelines.  The pressures in the area only drop about 1 psi from 83 psi to 82 psi.    For fireflow, the static pressure is 73 psi under maximum day demand conditions.  A 1,500 gpm fire flow results in a  residual pressure of 69 psi with a 16" line and a residual pressure of 67 psi with a 12" line.  A 2,500 gpm fire flow results  in a residual pressure of 65 psi with a 16" line and a residual pressure of 61 psi with a 12" line.    All that said, I am comfortable with replacing the 16" line with a 12" line.  Please let me know if this is what you are  looking for, if you have any additional questions and if you would like a formal recommendation.      Jessica L. Brown, P.E.  Principal  Freese and Nichols, Inc.  (817) 735‐7406    ‐‐‐‐‐Original Message‐‐‐‐‐  From: Keith Marvin [mailto:KMarvin@coppelltx.gov]  Sent: Monday, December 02, 2013 7:42 PM  To: Jessica Brown  Cc: Tricia Hatley  Subject: Water Model Review    Jessica,    I left you a voice mail this morning, but I wanted to follow up with an email.  I am working on an emergency water line  replacement, and I need some assistance.  The 16" line in East Sandy Lake is concrete cylinder pipe that was installed in  1972/3.  We have had 3 failures of this line within the last 2 months in one concentrated area.  The existing line is under  the pavement, and is about 8‐10 feet deep.    I would like to replace the entire line segment from Kimbel Kourt to Starleaf Drive.  East of Starleaf this line reduces to  12" PVC, and is located behind the curb.    My question for you is could I replace this segment of 16" concrete cylinder pipe with 12" PVC? Can you put this change  into the model of our water system and see what the impact is?    2 I'll be meeting with contractors on Wednesday morning to go over the scope of this repair, so time is of the essence on  this decision.  If you have the time to fit this in before 10:00am on Wednesday, please proceed.  We can process an  invoice for this work upon completion.    Please email or call with any questions.  I can be reached on my cell phone at 469‐576‐0664.    Thanks.    Keith    Keith Marvin  City of Coppell    Please consider the environment before printing this message.    This electronic mail message is intended exclusively for the individual or entity to which it is addressed. This message,  together with any attachment, may contain the sender's organization's confidential and privileged information. The  recipient is hereby notified to treat the information as confidential and privileged and to not disclose or use the  information except as authorized by sender's organization. Any unauthorized review, printing, retention, copying,  disclosure, distribution, retransmission, dissemination or other use of, or taking of any action in reliance upon, this  information by persons or entities other than the intended recipient is prohibited. If you received this message in error,  please immediately contact the sender by reply email and delete all copies of the material from any computer. Thank  you for your cooperation.    Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1392 File ID: Type: Status: 2013-1392 Agenda Item Read and Filed 1Version: Reference: In Control: City Secretary 12/02/2013File Created: 12/10/2013Final Action: City Managers ReportFile Name: Title: Project Updates and Future Agendas. Notes: Agenda Date: 12/10/2013 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Read and Filed12/10/2013City Council Read and Filed City Manager Clay Phillips reported on the recent ice storm. He explained that the City uses a de-icer chemical as opposed to sand. Street Crews worked around the clock doing the best they could. The major highways belong to TxDOT and NTTA, but the City stepped in to assist with the clearing. A post-storm analysis will be conducted once the storm has completed. Rgarding Future Agendas, there are no more meetings scheduled for 2013. City Council will be reviewing the Code of Conduct Ordinance in January and Council heard from the citizens regarding the review of the Comprehensive Master Plan. This item will come forward and receive direction from Council. Action Text: Text of Legislative File 2013-1392 Title Project Updates and Future Agendas. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1392) Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1391 File ID: Type: Status: 2013-1391 Agenda Item Read and Filed 1Version: Reference: In Control: City Secretary 12/02/2013File Created: 12/10/2013Final Action: Mayor and Council ReportsFile Name: Title: A.Report by Mayor Hunt regarding the Metroplex Mayors’ Meeting. B.Report by Mayor Pro Tem Faught regarding the National League of Cities Conference held in Seattle, WA. Notes: Agenda Date: 12/10/2013 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Read and Filed12/10/2013City Council Read and Filed Mayor Hunt spoke about the Metroplex Mayors' Meeting. Kathryn Wagner with the Business Council for the Arts was the guest speaker. She spoke about the dramatic value the arts brings to the cities and that HB 2718 allows for grant funding for the arts through the Texas Commission of the Arts. Mayor Pro Tem Faught reported on the NLC Conference in Seattle that he and Councilmembers Brancheau, Duncan and Mahalik attended. A particular workshop they attended addressed the shifting expectations of neighborhood redevelopment. Action Text: Text of Legislative File 2013-1391 Title A.Report by Mayor Hunt regarding the Metroplex Mayors’ Meeting. B.Report by Mayor Pro Tem Faught regarding the National League of Cities Conference held in Seattle, WA. Summary Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1391) Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017