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Rolling Oaks MC-CN0804250'4-7 S I COPPELL WV& GPN�- 2 523 South Main Grapevine, Texas 76051 INUM, 31IMMO= These costs have been designated as "Area A", and the Fain Group has provided a breakdown of these costs in their payment application dated March 31, 2009. This payment application is a surni-narization of the first eleven payment applications for the construction of the cemetery. For your convenience, attached is a copy of the following: * Executed agreement to share constniction costs/Fain Group detailed construction costs * Fain's Application and Certification for Payment dated March 31, 2009 * Coppell's Finance Department spreadsheet detailing the "Area A"' costs through 3/31/200", Therefore this letter constitutes as an invoice in the amount of $231,044.75 to S.E. Funeral Home for reimbursement of the construction costs associated with "Area A" as paid by the City of Coppell through the first eleven pay applications. Please remit payment to the attention of the Jennifer Miller, Director of Finance, 255 Parkway, Coppell, Texas 75019. mem P55 PARKWAY * P.O.BOX 9418 * COPPELL TX 7501'9 * TEL 9721462 0022 * FAX 972/304 3673 STATE OF TEXAS § AGRE EMENT TO SHARE § CONSTRUCTION COSTS COUNTY OF DALLAS § MITNESSE TH- WHERE AS, City and Funeral Home have previously entered an agreement of lease and construction and operation of a cemetery and funeral home to be located in the City of Coppell,,Texas; and WHEREAS, it is in the best interest of the City and the Funeral Ho= to work together on the construction of the premises; and WHEREAS, ft is economically advoultageo,us to both to share the costs and bidding of the construction of the Funeral Home. NOW, THEREFORI[1 � the parties who hereto, for themselves and their respective successors and peinitted assigns, hereby covenant and agrc as follows: Section 1. Both parties shall participate in the paying for the construction according to the bid which is attached and incorporated herein as Exhibit "I" ( Fain document dated April 8, 2008 addressed to Ken Baxter, JST ). Section 3, Upon receiving the entire invoice, -die City shall pay the entire amount and then forward the, invoice with the architect's determination to the Funeral Home for their portion. Section 4a The Funeral Home agrees to pay the amount invoiced by the City within thirty (3 0) days ftom, receipt of said invoice. This agreement shall be governed by Page I of 3 26387 and shall be construed and interpreted in accordance with the laws of the State of Texas, and venue shall be proper in Dallas County, Texas. Section 5. This. agreement may be amended o m r codified only by writt en agreement and executed by both parties. Section 6. This Agreement shall take effect on the last date of execution hereof EXECUTED on this day of 2008. 1, City Secretar,-y 11 Approved as To Fo TM. By.- M EXF,CUTED this -the day of _M 2008. & E. Funeral Home of Coppell, Texas, Inc. By: Resdand Funeral Home, Coppell Chapel, a Texas, Corporation. Its General Partner JBY: Page 2 of 3 26387 I STATE OF TEXAS § COUNTY OF DALLAS § This instrwnent was acknowledged before me on the Aeday of 2008, by Jim Witt, City Maiiager of the City of Coppell, Texas, a Texas muni ality, oil behalf of said municipality. N4otRub�lic, State oiTexas CoRnparry's Acknowledgment STATE OF TEXAS § COUNTY OF DALLAS § -7 - c7l 0 o-t Page 3 of 3 26387 Ken Baxter FAIN J. Stuart Todd ' Inc. ==FMIM-11 2919 Welbom, Suite 101 $9396.00 D�Uas, IM 75219 P.O. Box 750 6" Watw (Aplyrox. 122 LF) Fort WorU%rX 76101 2" Water (Approx. 139 IMF) $2919,00 Re: Rolling Oaks Memorial Center — Phase 1 01 7-927-M89 rax Work Area Breakdown Revised WMAefahcomp any. cm Per your request we are forwarding the breakdown of pricing below. This breakdown will correspond to the attacbment "A" fisted in the specification mid -will encompass only the areas wiffiin the inarked area. 7" Concrete Pavement (Approx. 17,044 SF) $55,05400 15" HDPE (Approm, 404 LF) $12,92&00 1" RCP (174 LF) $9396.00 8" Water (Approx. 588 U) $24,696.00 6" Watw (Aplyrox. 122 LF) $4514.00 2" Water (Approx. 139 IMF) $2919,00 Curb is (2 EA) $4620.00 - I t Assembhes (4 EA) $12,669.00 Entrance Gate (2 —1/2s EA) $7500.00 Ornamental Fence (Approx. 770 LF) $35,926.00 Maser 7 (I LS) $18,000.00 Landscapefirrigation (I LS) $46,480.00 Excervation (I LS) $30,000.00 Sidewalks (Approx. 3740 SF) $13A0.00 Genmal Conditions/Supervision $ 17,987,00 Total Costs Associated with Area "A" $295,748-00 49 J. STUART TODD, INC. Ir4 k ARNITEur[JRE INTERIORS PL.-WINING April 03, 2009 Bob Kiffingsworth, AJA President Mr. Rick O'Dell John Gary, AIA City of Copp ell Vion President Engineering Department J,Sahart Tndd, AIA 255 E. ParkwaY Blvd. rounder Coppell, Tx. 75019 2919%velhom suitc IN Daflas, TX 75219 Re: Rolling Oaks Memorial Center 1,10214522-4033 Application for Payment I $z n% 214 522-799H Enclosed are, two (2) copies of Pay Application No. I I for the month of March (wiffi conditional and unconchtional lien wwvers fbi previous payments) for the above- refaenced project in the amotmt of $235,581.00. we 11ave reviewed the muounts against the Orly in place mod. it appears to be in order. Please keep the origin' al copy of the application for payment far youT fi'.[es -Ind forwaxd the renlailgng copy vdth payrnent directly to The Fain Group. Please call if you have nor questions. Sincerely, J. STUART TODD, INC. �M- � WN WM1WWJW1=WWMWz=q cc, file • rm rn rs p9 un C) + �4Z x cm I " 0 I C> 70 0 m ..3 0 0o > > L) 69 H.E 1. 1-: ii Man Cp ET as > 0 0 Z 0 o > T 8 0 9 z 0 T > M z 4 z Z 0 0 m ;2 ro 0 > Z 0 �11 z Z 0 0 m ;2 ro 0 > Z z Il • Aft AA AM I w w H 2�,ebg� W17 D= 3 This instrument was acknowledged before me on the day of 200-a' by DONNA ONAPPELL "AY COMMISSION EXPIRES ,Cdnl 21, R&IO The undersigned lienor, in consideration of the payment in the arnoimt of $351025-00 M- hereby waives and releases its lien and right to rlaim a lien for labor, services, or materials fim-dshed to The City of Coppell for the period of February 2009 to the following described property: Rolling Oaks Memorial Center Cemetery Development 400 S. 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