Freeport NIP(2.3)-CN 961008AGENDA REQUEST FORM
CITY COUNCIL MEETING:
ITEM CAPTION:
October 8, 1996 ITEM
Consider approval of a Storm Sewer Drainage Agreement between Quill Corporation and the City
of Coppell in a City participation amount of $17,405 and authorizing the Mayor to sign.
SUBMITTED BY ~M. Griff'm, P.E.
TITLE: ,~.~aA.ss. istant City Manager /
STAFF RECOMME~S: Approval X
STAFF COMMENTS:
See attached memo.
Denial
APPROVED
BY
CiTY COUNCIL
DATE /~,/(/~, ~ -
BUDOET AMT.$ AMT. EST.$
FINANCIAL COMMENTS:
+/- BUD:$
Funds are available in the drainage and street CIP accounts for this project.
DIR. INITIALS: ~
Agenda Reques~ Form - RevVed 6/96
Document Name eng.1
To.'
Mayor and City Council
From:
Kenneth M. Griffin, P.E., ACM/City Engineer
Consider approval of a Storm Sewer Drainage Agreement between Quill
Corporation and the City of Coppell in a City participation amount of $17,405
and authorizing the Mayor to sign.
Date:
September 30, 1996
This agenda item is a culmination of several months of discussion between the City of Coppell
and representatives of the Quill Corporation concerning the best way to handle drainage
associated with this site. From a historical standpoint, the storm drainage system was installed
when the Freeport North Addition was developed. However, it is inadequate to convey the
current criteria of the 100-year frequency storm. Therefore, when Quill Corporation was
coming forth for development, the City requested that the storm drainage system be upgraded.
Representatives of the Quill Corporation countered with a proposal to not upgrade the system,
but to allow water to be detained on their site in their parking lot and fire lanes. It is the City's
opinion that to completely inundate the fire lanes with 8 to 10 inches of water could be a
potentially dangerous situation from an emergency response perspective. Since that time, there
has been ongoing negotiations and discussions concerning how best to address this issue.
The opinion of representatives of Quill Corporation was that they were only contributing
approximately 2/3's of the water to the drainage basin and the other 1/3 was being contributed
by the property north of them. Therefore, because this is a system to convey some of their
water and to convey pass through water, it was their opinion that they should not be responsible
for the entire cost of the upgrade of the drainage system. Again, they had proposed doing
nothing and allowing the water to be detained on site.
The final solution was to draft an agreement whereby the Quill Corporation would participate
in 2/3's of the cost of the improvements and the City would participate in 1/3 of the cost of the
improvements. The City has the option to assess the 1/3 cost back to the property owner to the
north at the time of development. To expedite the final resolution of this development, which
will have a positive economical impact on the City in years to come, City staff recommends
approval of the Storm Sewer Drainage Agreement between the City of Coppell and the Quill
Corporation in a City participation amount of $17,405.
Staff will be available to answer any questions at the Council meeting.
STORM SEWER DRAINAGE AGREEMENT
This Storm Sewer Drainage Agreement ("Agreement") is made and entered into by and
among the City of Coppell, Texas, a Texas municipal corporation (hereinafter referred to as
"CITY") and Coppell Mill Limited Partnership, a Delaware Limited Partnership (hereinafter
referred to as "OWNER") under the following terms and conditions:
WITNESSETH:
REAS, OWNER presently .owns a certain tract of land
Exhibit A' (the "CM Tract"); and (, E~ Et~a'~ ~: '~x described in,attached
WHEREAS, the parties hereto contemplate the construction of a storm drainage system
within an existing easement running parallel to the eastern edge of the CM Tract and which
easement is depicted on attached Exhibit "B". (the "Drainage System"), which contains an
existing storm drainage system; and (,.~h~t~,{ "D" ,~ ~af~ ~ 13e~c
WHEREAS, certain improvements made to the existing storm drainage system will
benefit the OWNER's property, as well as adjacent properties located in the CITY and CITY
desires to participate in the cost thereof as an incentive for OWNER to construct and operate a
distribution facility within the CITY; and
WHEREAS, OWNER has agreed to contract for construction of the Drainage System
and to supervise the construction of such Drainage System for the benefit of both parties hereto;
and
WHEREAS, at least one-third (I/3) of the cost of the construction of the Drainage System
is intended to be recaptured by the CITY through special assessments levied against properties to
be benefited by the Drainage System improvements, not to include the CM Tract which shall be
specifically excluded from any such recapture and it being understood that the CITY's
obligations hereunder shall not be contingent upon such recapture; and
WHEREAS, all parties hereto wish to enter into this Agreement to evidence their
intentions regarding the construction of the Drainage System, the payment of the costs to
construct the Drainage System, and the maintenance, repair and replacement of the Drainage
System after the completion of the construction thereof.
AGREEMENTS
Storm Drainage Sewer Agreement - Page -1- ss2sls
NOW THEREFORE, in consideration of ten dollars ($10.00) and other valuable
consideration, the sufficiency and receipt of which is hereby acknowledged, including the
construction of the Drainage System herein, the parties hereto agrees as follows:
1. Easement
1.1 The Drainage System will be installed in an existing easement running parallel to
the eastern edge of the CM Tract and extending on the property to the south. The CITY will
authorize the OWNER to install the Drainage System in the easement, which easement' extends
off the CM Tract and onto the adjacent property to the south. All parties hereto acknowledge
that neither party shall have any obligation to pay any stun of money in connection with the use
of the easement on the CM Tract for the Drainage System.
2. Approved Plans
2.1. No construction of any segment of the Drainage System shall be commenced until
the plans and specifications thereof have been approved in writing by the CITY, which approval
shall not be unreasonably withheld. The Drainage System shall be designed and constructed in
general conformance with the specifications attached hereto as Exhibit "C".
3. Approved Construction Cost
3.1. No construction of any segment of the Drainage System shall be commenced until
the costs to construct such Drainage System have been approved in writing by all parties (the
"Approved Construction Costs"), which approvals shall not be unreasonably withheld. The
Approved Construction Cost shall include all direct costs incurred by the OWNER for design,
installation, testing, surveying, required construction change orders and construction
administration of the Drainage System.
3.2 The parties agree that the cost of the Drainage System shall be paid as follows:
(a)
OWNER shall pay two-thirds (2/3) of Approved Construction Cost;
CITY shall pay one-third (~13) of Approved Construction Cost.
4. Construction
4.1 OWNER shall design, advertise, bid and award a contract for the construction of
the Drainage System. OWNER agrees to contract with the contractor for such construction and
to supervise such construction, but OWNER's agreement to do so is expressly conditioned upon
OWNER's approval of the applicable construction contracts. Said contract shall provide that the
maintenance and repair of the Drainage System be the responsibility of the contractor for a
period of two years following completion of the Drainage System, as secured by a maintenance
bond.
Storm Drainage Sewer Agreement - Page -2- $s2815
5. Acceptance/Maintenance
5.1 Upon completion of the construction, OWNER shall convey all right, title and
interest in the completed Drainage System to CITY. The CITY agrees that the CITY will accept
the Drainage System as a public storm drainage system after approval and acceptance by the City
engineer, which approval and acceptance shall not be unreasonably withheld. CITY shall then
incur all liability and obligations related to the Drainage System, including but not limited to the
repair, maintenance and replacement thereof af~er expiration of the contractor's two-year
maintenance obligation.
5.2 OWNER's construction of Drainage System, as set forth herein, is intended to
satisfy drainage requirements which must be met prior to issuance of an Occupancy Pe~rmit and
OWNER shall have no continuing liability or obligations, including but not limited to the repair,
maintenance or replacement thereof, relative to the Drainage System upon conveyance to CITY.
6. Exhibits
6.1 All Exhibits to this Agreement are incorporated into and made a part of this
Agreement for all purposes.
7. Termination
7.1
Agreement.
The obligations of the parties set forth herein shall survive termination of this
8. Entire Agreement
8.1 This Agreement, along with the attached exhibits, constitutes the entire agreement
among the parties hereto with respect to the subject matter hereof and supersedes all prior oral or
written agreements among the parties hereto with respect to the subject matter hereof.
9. Notice
9.1 Any notice or communication required or permitted hereunder shall be given in
writing, sent by a personal delivery, or expedited delivery service with proof of delivery, or
United States Mail, postage prepaid, registered or certified mail, return receipt requested,
addressed to the appropriate party at the address set forth on the signature page of this Agreement
or to such other address or to the attention of such other person as hereinafter shall be designated
in writing by the applicable party and sent in accordance herewith. Any such notice or
communication shall be deemed to have been given, whether actually received or not, when sent
or dispatched in the manner provided herein.
Storm Drainage Sewer Agreement - Page -3- ss2515
10. Binding Effect
10.1 This Agreement is binding upon and inures to the benefit of the parties hereto and
their respective successu, rs and assigns. .
11. Severability
11.1 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.
12. A~plicable Law
12.1 This Agreement'shall be construed under the laws of the State of Texas. Venue
for any action under this Agreement shall be in the State District Court of Dallas County, Texas.
If any party hereto falls to contribute funds as herein provided; or if any party fails to
obtain, cause to be obtained or otherwise fails to obtain or provide right-of-way and/or other
easements if required for the project, or, if any party otherwise fails to abide by his obligations
hereunder; then, any other party hereto, shaH, in addition to other rights and remedies available to
such other party at law or in equity, be entitled to terminate this Agreement or to enforce specific
performance for the defaulting party's obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day,
month and year first above written.
CITY OF COPPELL, TEXAS
CITY's address for notice:
255 Parkway Boulevard
Coppell, Texas 75019
Atto: City Manager
Tom 'Morton
Mayor
OWNER's address for notice:
100 Schelter Road
Lincolnshire, Illinois 60069-3621
Atto: Arnold Miller, Treasurer
COPPELL MILL LIMITED PARTNERSHIP
By: BENIDA TEXAS CORPORATION,
General Partner, a Delaware C. oorporation
Stev~ Miller ~
Storm Drainage Sewer Agreement - Page 4- SS2815