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Freeport NIP(7.5)-CS010816 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Jennifer Armstrong, Director of Finance From: Ken Griffin, P.E., Director of EngineeringfPublic Works Date: August 16, 2001 RE: Dukes-Weeks Development Last week Chad contacted me concerning the Duke-Weeks development and stated he'had been contacted by Jeff Turner, representative for Duke-Weeks, in regard to the Economic Development Incentive Agreement executed between the City and Duke Weeks in September 2000. The Economic Development Incentive Agreement Article 2, paragraph 2A states that the City would provide the owner an Economic Incentive Grant not to exceed $593,936. Paragraph C, of the same Article, states that impact fees resulting from future development, payable by the owner to the City, shall be reduced by a credit in the aggregate total amount of $593,936. The original recommendation for the Economic Development Grant was presented to City Council in February 2000. Jim Witt's memo attached to that agenda item stated that the Coppell Economic Development Committee had made a recommendation for the City to participate in the construction of Freeport Parkway in an amount not to exceed $593,936. The memo goes on to state that the City will be fronting money to Duke-Weeks for the construction of the roadway and then the City would provide no credit on the first 56% of the development on the Duke-Weeks 140 acres, and then provide credit on the remaining 43% of the development. The Economic Development Incentive Agreement and the information provided to Council led me to believe that there would be actual money transferred from the City of Coppell to Duke-Weeks in an amount of $593,936 for the City's participation in the construction of Freeport Parkway. However, no money actually switched hands from the City of Coppell to the developer for our participation in the construction of the roadway. When development began to occur on the Duke-Weeks property, because no money had switched hands, we assessed impact fees as we would on most any development i.e., we provided 75% credit against the impact fees because the developer had constructed Freeport Parkway. Upon further review of the documentation and conversations with Jeff Turner, it is my opinion that the City intended to participate in the construction cost of Freeport Parkway in an amount not to exceed $593,936 and to provide that participation we would reduce the impact fees on the development until such time as a credit of $593,936 had been provided to "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" the Duke-Weeks development. That comes from Article 2, paragraph 2C of the Economic Development Incentive Agreement. It appears that I have erroneously assessed fees on this project. During the construction of Freeport Parkway I collected $7,200 for a water impact fee for irrigation meters for Freeport Parkway median and on the development of Freeport IX I collected $44,520 for roadway impact fees. The irrigation meters were part of the water line and we included the water construction in our calculations for our participation in Freeport Parkway. Therefore, the $7,200 collected on June 20, 2001 should be refunded to Duke Construction LP (a copy of the receipt is attached). Also, the $44,520 collected for Freeport IX should be refunded to Duke Realty Services LP (a copy of the receipt is attached). The total reimbursement to the two entities is $51,720. Once this reimbursement has been made, it will total up to $185,280 worth of credit provided to the Duke-Weeks property. This includes the original 75% credit off the roadway impact fees of $133~60. This will still leave a balance of $408,656 to be provided against future roadway impact fees for the development on the Duke-Weeks property. If you should have any questions I would be happy to discuss this with you. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" o.o 051702 Received From ---------- ~,AMOUNT ~ BALANCE Duke Construc~on LP VCOPPCIO0 Coppell, CitY of --------'----'-'--- ..----- INVOICE AMOU DESCRIPTION ~ 00 7 2 00 00 DATE INVOICE NO ~ · ' 6-3.?-01 CI%':LE~618 DA-Free~or'c ?'Jo,¢2' Add DA'-rE PLEASE DETACH AND RETAJN FOR YOUR RECORDS Duke Construction LP :.... .ON"~ · 600 East 96th ~trcet -'"~::'" ;.- :' 44'i ' .... . . ...'mourn' · "- ..... ' - DATE '...:'.,: ' - ':" ..::.:::¢:-.'- ~i::.,.:-'.? :" :' " .. ' ..... :::: ::: ....,: June '18, 2001 11917 $ 00 00: Pay: *********.**-,~***---****Seven thousand tw6:'hU6°~li;e~ dollars and no ~,^y Coppell, Oity of :.i' '"- :r.i:,:~..-.:." · ..-.:.;:.;.:..~ : ':' --:}~: ili" """: '" · .:.:' :...:...:..:,.i - ...~.:~?:r-- .. ..... --.., - ,'00 ~ ~q ~7"' ~:0~ ~ ~5~'1 Duke Realty Services LP VCOPPCI00 Cop.)ell, City of DATE INVOICE NO DESCRIPTION INVOICE AMOUNT DEDUCTION BALANCE 4-06-01 FPN009000 DA-FREEPORT IX-IMPACT · 00 56445.00 CHECK I CHECK DATE 4 - 10 - 01 NUMBER 4 7 TOTAL > · 0 0 5 6 4 4 5.0 0 PLEASE DETACH AND RETAIN FOR YOUR RECORDS Duke Realty Services LP 600 Ecut 96th Street . Suite 100 Indianapolis, IN 46240 =:= April 10, 2001 47 $****'56~445.00' Pay: *' .... **'Fifty-six thousand four hundred forty-fiVe dollars and no cents ' .~."" ~'AY Coppell, City of TO THE ORDER OF