Mansions Phase 1-AG 980714 CITY COUNCIL MEETING. July 14, 1998 _.
ITEM CAPTION:
Consider approval of a development agreement with Western Rim Investment Advisors for the
construction of sanitary sewer lines along the north side of Mansions By the Lake, Phase 'I and II and
along the channel situated in the project; and authorizing the City Manager to sign.
APPROVED
TITLE: Ass[ City Englneer // ' .
STAFF COMMENTS:
See attached memo.
BUDGET AMT. $ AMT. EST. $ +/- BUD:$
FINANCIAL COMMENTS:
Funds have been allocated in the I/ater/Sewer CIP Accounts for this project.
Agenda Request Form - ltevi~ed ~98 Document Nme:
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To:
From:
Mayor and City Council
Mike Martin, P.E., Asst. City Engineer
Consideration of approving development agreement with Western Rim Investment
Advisors for the construction of sanitary sewer lines along the north side of Man.qons
By the Lake, Phases I and II and along the channel situated in the project; and
authorizing the City Manager to sign.
Date: July 14, 1998
This development agreement between the City and Western Rim Investment Advisors will allow the
City to participate in one-third of the cost to construct improvements to public sanitary sewer lines.
As part of developing the Mansions by the Lake Phases I and II, Western Rim Investment Advisors
was required to upgrade an existing sanitary sewer line adjacent to the channel on this property from
an 8" to a 10' sanitary sewer line as per the City's Wastewater Master Plan. During the construction
phase of this development, the City was made aware that the existing 10' sanitary sewer line on the
north side of this development was in poor condition and in the near future would need to be
replaced. Staff talked with the developer to determine if this issue could be addressed now. Because
of the development occurring on the property it is important to replace the sanitary sewer line now
because in the future it will be beneath a parking lot for the Mansions By the Lake apartment
complex. Therefore, to replace the 10" sanitary sewer in the future, the concrete parking lot would
have to be removed in addition to the sanitary sewer line. This will greatly 'add to the future costs.
Staff consulted with the City Attorney and was advised that the Texas Local Government Code
Section 252.022 (9) allows the City to provide at least one-third of the funding for the cost of public
improvement without competitive bidding.
The cost of upgrading the existing 8" sanitary sewer line to a new 10' sanitary sewer line in the
channel was $61,050.00 and the estimated cost of replacing the 10' sanitary sewer line on the north
side of the development is approximately 43,901.00. The total cost is $104,951.00, therefore, the
City's estimated cost will be $34,983.67. This can be funded from the Water and Sewer account.
Staff recommends approval of this agreement which will allow the City an oppommity to save money
in the future, by not requiring removal of concrete paving, to replace the existing 10' sanitary sewer
line on the north side of the property. Staff will be available to an.qwer any questions at the meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
96 11:21A P.02
LONG CONSTRUCTION & ENG., INC
5503 Silver B°w Trail* Arlington, Texas 76017
Phone (8t7) 483-0337 ' Fax (817) 483-2720
PROPOSAL & SALES CONTRACT
A~N: ~ITA OR RICK
Client: ~ERN RIM I~STORS, L.C.C. P~e: 2 of: 3
Pro~: THE ~SIONS BY THE ~-P~SE I Date: 11~7
CI~ OF COPPELL, ~. ,. By: CLI~
SANITARY SEW~.R PUBLIC " . - ' .....
1. 10" SDR-35 1800 LF $18.50 $33,~00.00
2. 16" BORE WITH CASING PIPE 40 LF $250.00 $10,000.00-
3. 10" C-900 PRESSURE PIPE & 40 LF $47.50 $1~900.00
CONCRF-i b ENCASEMENT -
4. 5' DIA. MANHOLE 2 EA .$2,375.00 $4,750.00
5. 4' DIA. MANHOLE 4 EA $1,875..00 $7,500.00
6. TI~ENCH SAFETY 1800 LF $1.00 $1,800.00
7. TEST 1800 LF $1.00 $1,800.00
SUB-TOTAL SAN~ARY SEWER PUBI.} ~ ~ $61,050.00
Accepted By: ,
Date:
Ju
~-11-98 02:50P METRO-PLEX EXC 972 420 0267
Attachment "A"
P.03
Item Description Quantity UnIt Unit Bid
Sanitary Sewer (private)
Total Bid
10" SDR - 35 1240 LF $1.5.90
Tie to existing 2 EA $680.00
4' DIA - MHS 3~EA $1,475.00
Testing 1240 LF $1.50
Trench Safety t240 EA $3.00
Adj Existing Man 1 EA $900.00
Abandon Manhole I EA $360.00
Abandon San. Swr. 1200 LF $4.80
Concrete encasement 40 LF $145.00
Total Water:
$19,716.00
$1,360.00
$4,425.00
$1,860.00
$3,720.00
$900.00
$360.0_0
$5,760.00
STATE OF TEXAS §
COUNTY OF DALLAS §
DEVEJOPMENT AGREE1MI~NT
Ting AGREEMENT is made and entered into by and between the City of Coppell, Texas
(the "CITY"), a political subdivision and Western Rim Investment Advisors C'DEVELOPER').
WHE~REAS, the DEVELOPER presently owns several tracts of land situated in the CITY of
Coppell, Dallas County, Texas known as the Mansions By the Lake, Phases I and II ("PROJECT")~
and
WHEREAS, the DEVELOPER intends to contract and construct two sanitmy sewe~ lines,
on the PROJECT ("PUBLIC IMPROVF_aMENTS"), the location and configuration of which is
described and depicted on Exh~oit '%" attached hereto; and
WHEREAS. the parties agree that the con~'uction of the PUBLIC IM ROVEME~NTS will
enhance the value of the PROJEC~ and ben. is both the PROJF. CT and the public; and
WIO2~RgAS. the parties a~mee to share in the cost of the cor~uction of' the PUBLIC
IMPROVEMENTS; and
wm~J~gAS, the CITY is not required to w?ge in competitive bidding or compefi6ve
proposals to expend funds under this AGREEM~ be.'_ ~...e at least one-third (~/~) of the cost to
construct the PUBLIC IMPROVEMENTS is to be paid by or through special assessmeats levied by
the CITY on the property that will benefit from the improvements in accortla~ce with § 252.022 (a)(9)
of the Local Government Code; and
Vgi~REAS, in lieu of any special ~Lzo~me,~t by the CITY for the costs to construct the
PUBLIC IM]'ROVEMENTS, the DEVEJOPER has agreed m contract and construct the
PUBLIC IMPRO~NTS within the PROJECT and to pay two-thirds (~/~) of the costs to
construct the PUBLIC IMPROVEMF~NTS;
WHEREAS, in consideration of the DEVELOPER's construction of the PUBLIC
IMPROVEMENTS and the benefits inuring to the CITY as a result of the construction of the
PUBLIC IMPROVEMENTS, the CITY has agreed to pay one-third (t/~) of the costs to constmct
the PUBLIC IMPROVEMENTS; m~d
WHEREAS, all parties hereto wish to enter into this AGREEmeNT to evidence their
agreements regarding: (i) the construction of the PUBLIC IMPROVEMENTS; (ii) the payment of
Development Agreement - Page
the costs to construct the PUBLIC IMPROVEMENTS; and ('fii) the maintenance of the PUBLIC
IMPROVEMENTS after the completion of the construction thereof.
NOW, TREREFORE, for and in consideration of the covenants contained herein and other
valuable consideration, the s~fficiency and receipt of which is hereby acknowledged, the parties beveto
AGRE~NT
Construction
1. The DEVELOPER intends to construct or ~,~md to be con~xu~ed sanitary sewer
lines along the north side of the PROJECT and the channet (PUBLIC IMPROVEMENTS) the
location and configuration of which is descn~ in Exlu"oit "A' attached hereto.
2. No construction of any segment of the PUBLIC IMPROVEMENTS shall be
commenced until the plans and spaciticatiom thereof have -bc~-~ approved in writing by the crib, and
by all parties paying or contn~mfing to the payment ofthe cost to construct the applicable improvement
(the "PLANS"). In the event any construction is commenced prior to the CITY'S approval of the
PLANS, the DEVFJOPER w~l be ~ responsible for the costs of the conai~action unless the
CITY approves the PLANS. The PUBLIC IMPROVEI~NTS ~ be d~igned md consmu~
Approved Construction Costs
3. The construction of any segment of the PUBLIC IMPROVEMENTS conunmc~___
prior to the time the costs of construction has been approved in wtltlng by all parties who have agreed
or have any obligation to pay all or any portion of such costs (the "APPROVED CONSTRUCTION
COSTS") will result in the DEVEIOPER being solely responsible for the costs of the construction
oftbe APPROVED CONSTRUCTION COSTS.
Payment of APPROVF~D CONSTRUCTION COSTS
4. The CITY agrees to pay one-third (th) and the DEVELOPER agrees to pay two-
thirds (2/~) of the APPROVED CONSTRUCTION COSTS for the construction of the PUBLIC
IMPROVEMg~NTS in accordance with the approved PLANS.
Development Agreement o Page 2
Acceplance/M~intenance
5. The CITY agrees that the CITY will accept and maintain the PUBLIC
IM ROVEM~NTS after approval and completion thereof without material deviation from the
approved plans therefore and following inspection and acceptance by the City Engineer, provided,
however, the CTFY shall not be required to assume maintenance of the PUBLIC
IMPROVE_M~NTS until aRer expiration ofthe CITY required maintenance bonds.
F, xhibit~
6. All ey~oits to this AGREEMENT are incorporated into and made a part of this
AGREEMENT for all purposes.
No l~cordation
7. This AGI~ggMENT shall not be recorded in the Real Property Records of Dallas
County, Te~, but each party to ~ AGRggMENT agrees to provide a copy of this
AGREEMENT to any transferee of any oftbe tract~ of land referred to in ~ AGREEMENT and to
AGREEMENT.
Termination
8. ~ AGIaggMENT amomafically shall terminate upon the completion of the
construction of the PUBIAC IMPROVKMI~.NTS and the acceptance by the CITY of such
improvements. Notwithstanding the foregoing, the termination of this AGI~g~Mg~I' shall not
release any party from the duty and obligation to pay ~my APPROVED CONSTRUCTION COSTS
which ar~ owed by tach party.
Entire AGREEMENT
9. This AGI~i~.MENT constltates the entire agreement among the parties hereto with
respect to the subject matter hereof and supersedes all prior oral or w~tten a~'c.~-ne~ among the
Notice
10. Any notice or communication required or permitted hereunder shall be given in writing,
sent by (i) personal delivery, or ('ti) expedited delivery service with proof of deliveo], or ('6i) United
States n~i~. postage laepaid, registered or certitied mail, return receipt requested, addressed to the
appropriate party at its address set forth on the signature page oftl~ AGREEMENT or to such other
address or to the attention of such other person as berdna~er shall be designated in writing by the
applicable party sent in accordance herewith. Any such notice or communication shall be deemed to
Development Agreement - Page 3 ss~9~72
have been given, whether actually received or not, when sent or dispatched in the manner provided
herein.
Binding Effect
11. This AGREEME~NT is binding upon and inures to the benefg of the parlies hereto and
Severability
12 In the event any section, subsection, paragraph, sentence, phrase or word herein is held
invalid, illegal or unconstitutional, the balance of this AGREEMI~NT shall stand, shall be enforceable
and shall be read as if the parties intended at all times to delete said invalid section, sabsection,
paragraph, sentence, phrase or word.
Applicable Law
13. This AGREEMENT shall be construed under the laws of the State of Texas. Venue
for any action under this AGREEMENT shall be the State District Court of Dallas County, Texas.
hereto, shall, in addition to any other rights or remedies available to such other party at law or in
equity, be entitled to terminate this AGREEM~NT or to enforce specific performance of the
defaulting party's obligations hereunder.
EXI:CUTED on this/ffe~ day of'
CITY:
CITY OF COPPELL, TEXAS
JIM/WITTy, CiTY MANAGER
Address: 255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
Development A~reement - Page 4 sslglT~
DEVELOPER:
WESTERN RIM INVESTMENT ADVISORS
RICHARD E. SII~ONS, PRESIDENT
Address: 2400 N. Highway 121
Euless, Texas 76039
Development Agreement - Page 5 ss19~72
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O~I~INATOR"8 Departmental Reference Number
w R Western Rim
I A 'Investment Advisors
Investment Advisors and Portfolio Managers
Telephone (817) 715-8100 Z400 N. Hl~way 12.1 #107 Mailing Add~e~:
Telecopler (8 ! 7) 2.! S-8110 £uless. Texas 76039 P.O. Box 426
~ileyville. Texas 76034
August 18, 1998
CiB' of Coppell
Mike Martin. Asst. City Engineer ~
500 Southwestern Blvd.
Coppell, Texas 75019
RE: Mansions ~' the Lake, Public SanitaD' Improvements
Dear Mike:
Pursuant to the development agreement between Western Rim Investment Advisors and The Ci~' of
Coppell, dated August 14. 1998 and executed on August 18, 1998, in which reimbursement of the costs of
the public sanita~' improvements are defined and agreed. The cost of the sanitav,,r lines are as follows for
your review.
Abandonment of existing 10" Sanitary Line &
Installation of North 10" SardtaD' Line $43,901.00
Installation of East & South 10" Sanitary Line $61,050.00
Engineer Costs Associated ~th both lines $2,700.00
Survey Costs Associated a4th both lines $600.00
TOTAL: $108,251.00
Please review costs with attachments, and acMse as to the procedure for reimbursing these costs.
As agreed, Thc City of Coppell will~rei~thirty-three (33%) percent of the total cost of $108,251.00.
The city agreed upon share is then~35~722.83~ ~, .~ ~ e[oL~"
Should you need any assistance please do not hesitate to contact me so I may assist you further.
Sincerely, ,~ ~
Richard E. ns
President
RES/kl
cc: M. Hiles
D. Damron, C.D. Consultants