Coppell Health-CS 890124 M qKCUK6:ST HOSPITAL AUTHOKITY
PROFESSIONAL PLAZA I, SUITE 200
ONE MEDICAL PARKWAY
CITY MANAGER "~'" o . , . ~ . .
TO: Allan D. Ratliff
City Manager
FROM: Jack C. Bailey~
President ~ ~ ~ ~ ~ /~
DATE: January 19, 1989
RE: Proposed Lake and Landscape Maintenance Agre~ent
.................................................................
Attached is a draft of the proposed Agre~eqt for the Metrocrest Hospital
Authority (~) to construct stated improv~ents in accordance with City of
Coppell (City) specifications. In tq~nt the City would agree to maiDta~n
~provem~nts uuon the completio~f ~e wo~k~_
Please note that this draft was transmitted via Fax from Tom Martin, Attorney
for the ~ to Lawrence Jackson, Attorney for the City on January 19, 1989. I
would appreciate your contacting me as to further action necessary to achieve
a final agre~ent.
Thank you for the extraordinary courtesy and cooperation we have experienced
from every level of City Staff.
SENT BY:SMITH LI,NDH~OOD HU~'~,~ 1-1~89 ~:4~M ~ ~ .61~691~ 4~6 8668r# ~
& UNDERWOOD
AND COUNSEg.0~ AT ~W
DA~ ~ 7~ I~.~
Fax Cov~r
I S~nder Fax: 661-5689, 661-5691 & 953-5402
~ei~r: Lawrence W. Jackson
~ Receipt Fax: 991-3334
~ NO.
'~ (l~cl. Cove=): 5
,.. Me~e~ge: Lawrence, I represent the ~trocre.t Hospital
[] Au~horiCy. I have ~afted ~e
" Agre~ent which ~ollows for yo~ pe~aal.
t~ client has no~ seen lC, ~d ~y w~t
[.l Bu~ I w~ted Co get this to you aC the
~ time a~ I f~e~ i~ Co my cli~t, ~0 e~Q~te
~ things.. ~ always, I loo~ fo~ard go working
SENT BY:SMITH UNDERWOOD HUN,dR;
NaintAn~ce AGreement
"Au~ority"), an~ ~ City of Co, ell, a T~S
~teqral p~ of ~is ba~ain, ~d ~e consideration
~de~lies it. Ea~ and eve~ ~d~~g, covert, te~,
provisiun, fact or recitation oon~in~ in ~iS Agr~ent
material.
pr~ls~on o~ 1: con=ray--ce ~,,z *--, - ti~io~ Or S~a~uto~
rovision of any con~, or ~y cons .....
P r8 ~~ or ~o w~Lcn
rovision, by whl~ eider of ~ a..~ ...... ~_
eider of ~ ara s~e~, as ~o ~ ......
called meeting at whi~ a ~o~ w~s pre.~ ~2- :I. ~,
wh~ ~icle 6252-17 of ........... .4.~ wi~
foxing a pa~ _or 1~ ~o~ a~%F--~]~iL__.' . -nd as =o ~e City,
verbatim at ~ls poin: ~ ~ls _xnn~~;, - .......... ~4~. of
specially called ~tl~ aC wnxcn a ~o~ was pres~, ~d with.
of ~e T~as Revxsea Civil
respecU to which ~icle 6252-17 .......
(su~ ordinance being a~acnea co ~im ~.~--~.- _ . .......
and foxing a pa~ of it for all p~oles, as ~ougn ~u w~=-
out verbatim at ~is ~oint in ~is ~8~~t).
This Agr and alli~l of ~e Au~orit~ ~a
city. ~S ~~C, and ea~ =~ of i~ ~all ~
benefi~ and bind bo~ ~e City ~d (def~ bel~) and
Au~ority ~a (defied ~el~).
d: %ct I eflt%fO1101O~.lt 01.19.89
SENT BY:SMITH UNDERb~OOD HUN~..~TER; 1-1~-89 3:4SPM ; ~'~61S6~1-~ 4~6 8668;#
No third person, firm, corporation, partnershlD or any
entity of any kind or character shall ever be deemed a ~/lird-
party beneficiary of this contract, nor may any term or provision
of it be construed so as to give rise to rights of any third
party, or to obligations of any party signatory to this
instrument to any such third p&~cy, Q~he= ~han the successors or
assigns of the Authority who are the owner or owners of the
Authority Land or any part of it or interest in it.
The Authority is the owner in fee s~ple of certain
described land in the City of Coppell, Dallas Cotmty, Texas, said
description being attached to this instrument as .__F~hibit "C", and
forming a part of it for all purposes, as though ~"-~%~-~%t out
verbatim at this point in this instnment.
The Authority is going to beco~e the ~wner in fee simple of
certain described land in the Cit-f of Coppell, Dallas Cottnty,
Texas, said description being attached to t~Ls instru~ent as
F~h4hit "D", and forming a part of it for all pttrposes, as though
~-~W-~r=F-&~c out verbatim at this point in this instrument (the
land described in _Exhibits "C" and "D# being together referred to
in this instrument as the "Authority Land").
~ The Authority is going to construct and pay for a road, and
.~ associated roadbed and right-of-way utilities, and associated
., landscaping and irrigation improvements (referred to in this
: instrument as the "Road"), on the Authority Land, as shown on the
i final plat of the Authority Land approved by the City (referred
i to in this instrument as the "Final Plat"). The Authority is
also going to construct and pay for a lake, and associated
ii landscaping and irrigation improvements (referred to in this
- instrument as the "Lake"), on the Authority Land, as shown on the
~ Final Plat. As shown on the Final Plat, the Road and the Lake
i'i are being granted, conveyed and dedicated by the Authority to the
/i City forever for the public use and benefit.
..~: The Final Plat shall be signed by the Authority and the City
:': forthwith, but it shall not be filed for record un~il completion
~;: of construction of the Road and the Lake. Upon completion of
~ construction of the Road and the Lake, the Final Plat shall be
:.: filed for record in the real property records in the offices of
::"~ the Dallas County clerk and recorder. Upon recordation of the
Final Plat, the City shall be the owner of the City Land, a
. ~: description of same being attached to this instrument as Exhibit
... "c#, and forming a part. of it for all purposes, as though it were
--~ set out verbatim at this point in this ins~xument (re£erred to in
::; t. his instr%l~ent as the "City La~d").
From the date the Final Plat is recorded, and the City
becomes the owner in fee of the city Land, and thereafter in
perpetuity, t. he City shall maintain the Road and the Lake at its
° SENT BY:SMITH UNDERWOOD HU. _R; 1-19-89 3:46PM ; 2i.6615691a 456 8668;#
sole cost, so ~hat ~hey remain in good order and repair. The
maintenance obligations of the City with respec~c to the City Land
includes (by way of example and not ~ntending to exclude any
similar or dissimilar example):
maintaining the lands, caping improv.ements on
the City Land in aocord~oe w~th sound hor~icultttral
practica in the area, including irrigation and
preserve=ion of the flora in healthy condition (and
periodic replacement of same as requir~d);
2. maintaining the aced in good order and
repair, free of debris, potholes, =racks and heaves;
3. maintaining all irrigation syste~u~ in good
order and repair, so that they operate to aid in the
au=emetic watering of the landscaping improv~ments on
the City Land;
4. maintaining the storm sewer, sanitary sewer
and water system~ in good order and repair, £ree o£
obstruc~ion, buokl/~g, breakage or other i~pedimemt to
~heir respective normal utility functions of carrying
away sewerage and drainage and supplying clean drinking
water to the standard of an approved public water
supply; and
/~') maintaining the level of the Lake at
t in,e-/at five hundred and _ and
_~/lOOthS feet (5_____. ') above mean sea
level, plus or minus one-half foot (0.5~) ·
The maintenance obligations of the City wit~t respec~ to
............. -~ .... ~,. ~--,-nants the breach of which will lay
the predicate for a cause _of ac.t.~on .~.o.r .d..a~a. gs$ ~o_
they are specifically perzorm~le oD£1qa=Lons. TO ~n~
~hat a court of compe~en= Jurisdlc~ion, by final, non-appealable
Judgment, d~termines a particular obligation not ~o be
performable specificallY, then and only then the measure of
damages to the Authority shall, be the actual, invoiced cost of
the p?r~ormance of '..he needed ~.t~; .of .ainter~.a_nc_~e:oPnl~ lot as an
administrative expense. In any such cause o= a~; which the
A..uthority prevails, the Authority shall be entitled to recover
its attorney fees and costs of suit from the City.
Tho City and the Authority so agree.
SEN~ BY:SMITH UNDERWOOD HUNTER; 1-19-89 3:47PM ; 2146615691~ ~56 8668;# 6
Au~ori~ Secre~a~
~ Au~orit~
:i Cit~ of Copp~ll
At, est ~
SALLINGER, NICttOLS, JACKSON,
KIRK & DILLARD
ALFRED SALLINGER (Formerly Saner, Jack, Sallinger & Nichols) JONN P,ERC£ G.,Er,N
LAWRENCE W. JACKSON Attorneys & Counselors at Law D^v,o M. BERMAN
T,M K,RK 1800 Lincoln Plaza JO.N
.De.aT ~ O.~.O ,. 500 N. Akard ..ucE A. SrOC~.O
M, LEWIS KINARD
.oeE.~ o..e....c~ Dallas, Texas 75201
ROBERT E HAGER
.~*~. o.s.,r. (214) 954-3333 .De.aT ~. o,~*.o. ~..
Facsimile (214) 954-3334
OF COUNSEL
City of Coppell
P. O . Box 478
Coppell, Texas 75019 JAN 0 1989
CITY MANAGER
LETTER OF TRANSMITTAL
DATE: January 19, 1989
OUR FILE NO: 340
RE: Metrocrest Hospital Lake Agreement
WE ARE SENDING YOU ATTACHED THE FOLLOWING:
Fax Cover Letter and Draft of Agreement
REM ARKS:
The r~ement imposes a greater burden on the City of CoODell than
merely ~ing libility-i%-F"~%~'ll~woUld like to suggest that we try to get them
to-agree that we-will ac~t dedicat~oh of the road and thereafter treat it as we would
any other public road. We could agree that ~gf'would not impose any additional costs
on the Association. As to the lake I would suggest that we try to get a provision that
we will accept dedication of the lake as a part of our regular park system, but, not
agree to maintain the lake for ever. What about a counter provision that would provide
that if the lake becomes a safety or health problem and the City has to discontinue
the lake the property would be maintained as a park area. I just don't see how we
can agree to maintain the lake in perpetuity with out some escape mechanism in the
event the lake becomes a health or safety problem or the cost of maintenance becomes
unrealistic.
I would like to get your thoughts and the input from Councilman Morton and the
other council members before suggesting specific changes. I don't want to do anything
to quash the deal. ~ ,~ ~. -
~' ,) Lawrence W ~/?ek~0-n~ ..
· 8EN~ BY:SMITH UNDERWOOD HUNTER; 1-19-89 3:19PM ; 2146615691~214 954 ~4 ;# i
$1vffrH & UNDERWOOD
AT1DRNEYS AND ~ AT LAW
Fax Cover
Sender: Thomas Allen Martin III
Sender Fax: 661-5689, 661-5691 & 953-5402
Lawrence W. Jackson
Receiver Fax: 991-3334
No. Pages
(Incl. Cover): 5
Message: Lawrence, I represent the Metrocres~ Hospital
Authority. I have drafted the Maintenance
Agreement which follows for your perusal. My
client has not seen it, and may want changes.
But Z wanted Co get this to you aC the same
time aa I faxed it Co my client, to exloedite
things. As always, I look forward to working
wi=h you=-fi:m.
d: ~ul. Le~.~ fOLl. O lOB. f'~. 01..ZO.IiO
!i.4, .z