Lake Park-CS 930914 MEMORANDUM
To: Frank Trando, Interim City Manager
From: Kenneth M. Griffin, P.E., City Engineer
RE: Lake Park Addition
(In regards to acceptance of the Lake by the City of Coppell)
Date: September 14, 1993
As requested, I have reviewed the agreement entitled "Parkland Donation Agreement" signed
on November 24, 1987 by the City of Coppell and the Coppell Town Center Inc. The
Agreement lists six requirements that have to be completed prior to the City accepting the
conveyance of the lake/park site. The following represents the six requirements:
1. Approval of final plans
2. Approval of the Tripartite Agreement
3. Written approval of the work by the City i.e., completion date
a. lake developer notifies the City in writing of lake completion
b. within fourteen days after receipt the City shall inspect work
c. City shall issue written approval of work (this constitutes completion date)
4. The latter of two years after completion date or 1 1/2 years after the lake fills
5. The lake holds water and is in the same condition as it was on the completion date
6. Completion of foundations on 75 % of the homes.
The agreement indicates that after completion of the above items 1 thru 6, the City agrees to
acquire the park site within 30 days.
The following represents my understanding of the completion of the above six items.
1. Obviously the work commenced with the concurrence of the City. Based on
information found in the file, it is my belief that the plans were approved no later than
August 14, 1991. On that date a floodplain development permit was issued for the
excavation of an existing lake area.
2. The Tripartite Agreement concerns the design and construction work related to the park
site. Because approval was given to proceed with the work, it is my belief that the
agreements have been executed.
3. Prior to the City providing written approval, the contract expressly states that the
developer shall notify the City in writing, of the lake completion. In reading the file
and speaking with Rick Wieland, it appears that the written request is the item that has
not been complied with. Also, Rick Wieland stated that as late as the fall of 1992 there
was written correspondence and meetings between the City and the developer
concerning various other issues to be addressed. Based on Rick's recollection of the
site, the items still to be addressed are the installation of poles along the edge of the
property parallel to the Phillips and Meadowood Lane alleyway and the correction of
rutting/erosion taking place on the lake site.
There appears to be a catch 22 in this whole issue in the fact that because a written request was
never submitted by the developer the completion date was never established. Without the
completion date, it is the City's contention that the two year clock had not yet started.
I also spoke to Larry Davis, Construction Inspector, and it was his recollection that on the date
of the final acceptance of the Lake Park Subdivision, September 9, 1991, the lake was
essentially complete. However, there was no written request at that time for the City to
perform the lake inspection. The whole issue as to whether or not the lake has been completed
hinges on the fact that the lake developer has never notified the City in writing that the lake is
complete. The notification in writing is a requirement of the agreement signed in 1987.
The City can take two directions at this point:
1) abide strictly by the letter of the agreement:
a) require the developer to submit a written request for inspection by the City;
b) have the City make the inspection;
c) generate a formal punch list;
d) have the developer correct the punch list;
e) accept the improvements and establish the completion date; and
f) start the two year clock.
2) abide by the spirit of the agreement:
a) work with the developer to resolve the final issues to be taken care of; and,
b) provide some flexibility on the acceptance of the park site by the City, ie., based
on conversations with the Public Works Department, the work associated with the
lake/park site was basically complete in late 1992, therefore, there might be an
opportunity for the City to accept the lake/park site effective October 1, 1994.
Obviously, I am not aware of all the history that has taken place between the City of Coppell
and Univest. But looking at the situation and the agreement with an impartial view towards
anything that might have happened in the past, my opinion is that there may be some opportunity
for flexibility in this issue.
I will be happy to discuss this with you at your convenience or provide any other information
that you deem necessary.
cc: Steve Goram, Director of Public Works
Gary Seib, Director of Planning & Community Services
file/kgriffin/lakepark.mm