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Northlake 635(6)-CS 970318 '~ 965 0010 MAR 18 '97 1~:$0 FR P'I~LS JCKSON DLLRD 214 965 0010 TO Y..~r-~PELL PZ NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.I P.01/05 FACSIMILE COVER SHEET PLEASE DELIVER THE FOLLOWING TO: NAME: COMPAI~/': FAX NO.: Ken GriKm City of Coppell DATE: March 18, 1997 FROM: Peter G. Smith TRANSMITTED BY: Thuy Le NUMBER OF PAGES (Including Cover Sheet): COMMENTS: IF YOU DO NOT RECEIVE .~l,l, THE PAGES, PLEASE C THUY LE AT (214)665-3325 TH]/; IN~O~ON CONT~ IN TH~ FACSIMILE Ig A'I'FO~Y lqtlViI,EOED ~ CONE ~ED ~Y ~R ~ U~ OF ~ ~~ OR ~ ~ ~ ~ ~ ~ ~c~, Y~ ~ ~BY ~D ~T ~ D~~, D~A~N i ~~~ON IS ~Y P~D. ~ Y~ ~ ~ ~ ~ B~O~ ~E NOt PHONE ~ ~ ~E O~O~ ~ TO ~ AT ~ ~ ~ ~ ~ U.S. ~TA DENTIAL INPORMATION T ~$ NOT THE n'e'I'F2/DED )R COPYINO OF TH~8 ~.~' US ll~O~EDIATELY BY ~ SERVICK MAR 18 '99 13:50 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL L.AWRENC~ W. JACKSON RO~ff L, DILLARD ~RT E. HAC.~R I~'~ltl G. SMITH DAVI0 M. ~'~IMAN ~IUCE A g'rocK,~mo NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L. 500 N~ A~! Dalb~. ~ 75201 (214) 9~,S-9900 Fax (214) 965-0010 March 18, 1997 VIA FACSIM~E Mr. Jim Witt City Manager City of Coppell 255 Parkway Boulevard P.O. Box 478 Coppell, Texas '/5019 i:~w2opment,,~_~o,'eement ~ and Betwee~ ~e CiO, of Coppd Bdt//ne De~./opme~t, Dear Jim: We have reviewed the revised draft dated Februaxy 24, 199~ Development Agreement by and between the City of Coppell, Texas a Development, Inc. and provide the following comments. Again, we initially note that we were not involved in the detailed nego' terms of the Development Agreement and consequently can only provide out the contents of the proposed Agreement. In addition, the City should improvements to be made by each party are accurately described within the A Next, we note that Para, apb 3 entitled Budget for the Improvemen~ Owner which appeared in the previous dr'aR has been stricken in its entirety. not participating in the cost of the improvements to be made by the Owner, it the City to approve the budset for the same. Next, we note that Paragraph 4 entitled Constru~on of the Improver, the Owner, has a correspondin8 deletion of the prior reference to the deve which the City no longer need approve. Next, we note that Paragraph 4 formerly numbered 5 entitled In Drainage Channel does not contain any substantive changes from the prior dr describes the improvements to be made to the drainage channel by the de:vel( P. 02×05 JOHN F J~I~.I,4M Ill J~NIFER R OIE'I"Z~ ROBERT L, DtLt. ARD. JR ~. LOUI~ T~ms ~nd llrat, os of the proposed ~d Brazos Beltline :iation regarding the concerns regarding · satisfied that the to be Made by the Since the City was ~eas unnecessary for ~nt~ to b~ Made by lopment budg~ for ~provements to the t.R. Tkis Paragraph >er at its sole cost. MAR 18 '97 15:51 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL Mr. Jim Witt March 18, 1997 Page -2- The improvements to the drainage channel are limited to cleating existing drainage channel to prevent proper flow of storm water; modification of sii installation of' new landscaping for the first one hundred C:d~y (150) feet w~ The Agreement does not descn'oe the type or amount of landscape to be insl channel. In addition, the drainage channel improvements are to be comple~ simultaneously with the completion of the building to be constructed on stated previously, some thought should be given to establishing a final date drainage channel improvements in event the developer elects not to constr there is an unreasonable delay in construction of the same. Next, we note that Paragraph $ formerly numbered 6 entitled No Re still reflects that the developer will not be required to pay any impact fees property. The latest drain, however does include the language we surge,, February 6, 1997 to reflect that the waiver impact fees is made in ter. development incentive pursuant to Section 380.01, TEX. LOC. GOV'T COl: letter, we ~e roquesting City Engineer Ken Griffin c. aicagate the estimated rOi ensure the City is receiving a fair bargain in exchange for the improvements the developer assuming that the City intends to waive the same. Next, we note that Paragraph 6 formerly numbered 7 entitled Tr~ changed from the prior draft to require the traffic signal to be installed b~ months after the issuance of the building permit for the building that will 1~ property. vegetation from the · sI0pes and for thc ~st of Beltline Road. ailed in the drainage ed by the developer ~e building. As we ~r completion of the .ct the building or if ui Way Impact Fees with respect to the ,ted in our letter of ns of an economic E. By copy of this atway impact fees to '.o be constructed by itic Signal has been the City within six constructed on the Next, we note that Paragraph 7 formerly numbered 8 entitled Media~ Cut and Left Turn Lane in Beltline Road has not been altered from the prior draft. This paragraph requires the owner to design, construct, and maintain a median cut and left turn lane in Bt access to the property located betw~n 850 and 1050 feet north of the cent~ Drive'at the intersection of Beltline Road and Lake Shore Drive at a specifk the sole discretion of the developer. This provision also operates as the Cit' location, and requires the City to prevent median cuts on adjacent property. lane is to be constructed simultaneously with the completion of the building' the property. As was the case with other improvements, the City should ia establishing a final completion date for the median cut/mm lane in the event to construct the building or if there is unreasonable delay in construction of th Next, we note that Paragraph 8 formerly numbered 9 entitled Im1 Shore Drive has been altered from the prior draft to reflect that the Improvements will be constructed six (6) months aRer the issuance of the bu ~ltline Road to aliow ~line of Lake Shore location selected in ~'s ~proval of such The median cu~urn o be constructed on ye some thought to :he owner elects not same. · ovements to Lake Lake Shore Drive tiding permit for the NICHOLS, JACKSON, DILLARD, HAG£R & SMITH, L.L.P. MAR 18 '97 1~:51 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL Mr. Jim Witt March 15, 1997 Pa~e -3- building that will be constructed on the property rather than thirW (30) days the certificate of occupancy for the buildins. In addition, this ~h n Shore Drive improvement shall be completed within ten (10) months raft working days after the issuance of the building permit for the building that ~ the property. PZ P,04/05 aP, er the issuance of vw provides a Lake ~ m~ ~ (~o) [] be constructed on Next, we note that Paragraph 9 £ormmty numbered 10 entitled Imp Sewer Systems within Lake Shore Drive, now provides that the City will begi storm sewer improvements within six (6) months after the issuance of the b~ building which will be constructed on thc property rather than thirty (30) da of the certificate of occupancy for the building. In addition, this para~a~ storm sewer improvemems shall be completed within then (I0) months at~ the issuance of the building permit rather than ninety (90) working days after the initiation of conStruction. ! Next, we note that Paragraph 10 formerly numbered I 1 entitled lrnp. r~v..emen, ts to Existing Water Lines has been altered from the prior draft to provide that the ware r line improvements shah be completed within six (6) months aRer the issuance of the building pe emit for the building that will be constructed on the property rather than by Su~ 1, 1997. Next, we note that Paral~raph l 1 formerly numbered 12 0ntitled Be has been altered from the prior draR to provide that the landscaping iml completed within ninety (90) days after the issuance of the cergfic~te oX buildin$ that would be constructed on the property rather than followi development plans and the development budget for the Beltline landscape ii City. This paragraph continues to allow the developer to use thc unimproved of-way of Beltline Road that is adjacent to the eastern boundary line ofthe pr, improvements that the owner deems necessarily desirable in the owner's discretion. City does not have any comrol over landscaping selected by th, City is not ~rantod the riF, ht to approve the development plans or budget. 11 carefully reviewed. rovements to Storm ~ con--on of the ilding permit for the after the issuance now provides the NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L. Next, we note that Paralvaph 12 formerly numbered 13 has not be prior draft. This paragraph provides that the developer is not oblitrated to pay to the cost, design, installation, construction or maintenance of a hike and elects to cause one to be located on the property. Moreover, if the City co~ be constructed a hike and bike trail to be located in the unimproved portion ot Beltline adjacent to the eastern boundary of the property, and not located City must coordinate the design and location of the hike and bike trail with th n altered from the for or to conm'vute ~ike trail if the City structs or causes to 'the right-of-way of ,n the property, the Beltline landscape Itline Right-Of-Way ~rovements shall be occupancy for the g approval of the r~provements by the portion of the ri~ht- ~perty for landscape sole judgment and developer and the ~ terms should be MAR 18 '99 NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL Mr. ~;im Witt March 18, 1997 Page -4- improvements. The developers are also relieved of any oblisation to const trail on the property. These terms should be carefully reviewed. After you and the City Ensineer have had an opportunity to review recommend a m~ing to discuss this matter in more detail. As we stated in o 6, 1997, we doubt seriously that all the details contained within the propo: discussed and contemplated by the City Council if approval was provided. ,~ agreement should be placed on the City Council agenda for approval unless you have the authority to execute the same. Thank you for your attention to this matter. By copy of this letter, comments to Ken Griffin, City Engineer. Verytrulyyours, NICHOLS, JACKSON, DH,LA] I-lAGER & SMITH, L.L.P. POS/ttl Enclosure cc: Ken Gri~n P.05/05 VIA FACSIMILE uct a hike and bike ar letter of February · ~! agre~rnent were ocordinl0y, the final 'ou are satisfied that ~e are providing our NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L. TOTAl_ PAGE. 05