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ST8804-CS 881212December 12 · 19 8 8 ABQ Development Corporation 525 Silver SW S~te 200 PO Box 25625 A r:uq;Jerque, NM 87!25 Ms. Taryon Bowman Te 5o,5 2,:23330 Planning and Zoning Coordinator City of Coppell 255 Parkway Blvd. Coppell, Texas 75019 RE: Heartz Road Preliminary Plat Dear Ms. Bowman: Please find attached information regarding partial assignment of the City contract between Univest and ABQ. As you know, the City of Coppell entered into a contract with The Parks of Coppell Joint Venture on December 30, 1982. When ABQ purchased the property from the Parks of Coppell Joint Venture II, a partial assignment of the above referenced City contract was executed. The documents are attached. In this City contract, more specifically Article 4 paragraph 2.d, there is allowance for the Heartz Road to be built with 24 foot of paving. This 24 foot width of paving shall be sufficient until such time as the final plat is filed of record for the property on the opposite side of the road. Therefore, it is the request of ABQ that the City of Coppell honor this City contract and allow for the Heartz Road preliminary Plat to proceed on through the approval process with the half section as it is proposed. ABQ understands the City's reluctance to approve half section streets and ABQ will do everything in their power to contact and convince the owner of the Ruth Perkins Tract to donate or dedicate the right-of-way required to complete the paving width of Heartz Road. ABQ will update the City of Coppell as to the progress of this effort. If you have any questions, please let me know. Sincerely, _ J~_A. Chester, P. . P~oj ect Manager Enclosures ARTICLE PURCHASE PRICE A. MuniciPal Center cite The -'~ ~-~ _. . ~-.c..=.:e price _~_ the :.!unicipal Center Site shall be ?hree Hundred Sixty-One Thousand Two Hundred TM ~ ~' N_n_ty-.,~o and Nc'iCC 5oiia~s ~$36!,2~2.0r' T~ number of cross scua:~ fee~ ~-'~ been determined ~? surve'~' as provided in Article Vi hereinafter. The ~urchase r-~"~ for the Municipal C~nter S~te =~:'' '-~ ~v ~ .... to O~:ner on the Closinc Date, as hereinafter defined, in cash or by cashier's check payable to the order cf B. Park Site Phase I. The purchase price for ' cf the Park Site shall De Two Hundred Thlrty-Three Thousand ~even Hundred Fifty and No/!00 Dollars ($233,750.00) fo'2 the approximately 51.34 acres designated "~hase I" on Exhibit "C". The purchase price for Phase I of the Park Site shall le ~ald in cash or mt' cashier's check payable to the order of C~;ner. ARTICLE iV .... D''~Nc PRECEDENT ~ OBLIGATIONS BY OWNER The obligation of Owner to consu.~ate this Agreement shai' , a~ the option of Owner, be subject %o the following zondLtions precedent, any or all of which may be waived in wno!e or in part by Owner in its sole discretion. It is a~reed, however, that City shall perform any particular waived ccndltion following Closing upon Owner's request, any such item being a covenant which shall survive closing. !. The Zoning Plan shall be in full force and effect on %he C!esinq Date. 2. The City Council of the City shall continue to auree that the proper interpretation of the Sub-Division Ordinance '~+~ ~ to ~.. ..... espect the Property shall allow for the Property to be developed as follows, it being agreed that such interpretation and ~he resulting application of the Sub-Division Ordinance is the normal and reasonable course in light of all relevant circumstances: (a) No perimeter alleys shall be required between deve!opmen%s in different .zoning classifications; [b) Residential lots may front on Moore, Deforest, Lodge, Heartz, Sandy Lake and Denton Tap Road~ and Parkway Boulevard, provided that rear access driveways are provided for such lots; {c) Moore, Deforest, Lodge and Heartz Roads and Parkway Boulevard shall have sixty foot '(60') rights-of-way with forty-four foot (44') wide paving, provided that Parkway B~ulevard shall be a divided thoroughfare from Denton Tao Road to ~pad with ~{24') paving sectlons in seventy--our feet (74) ~_ (d) On Moore, Deforest, .~eartz and Lodge Roads and Parkway Boulevard, ~a_vin~~cf Qplv_ twenty-four ~r._ (24') in width shg~! ~e r~quired ~n~ g~gO time as a final ~_-~.--f~ flied cf rec~d side e~-~%Ch ----"-~roac; -2-