Parks Coppell ABQ-AG 890214Rev.: g:ffective ! /2()/f
AGENDA REQUEST FORM
FOR CITY COUNCIL MEETING: February 14. 1989
I. REF/FILE NL~BER :
!I. IT~ CAPTION : Consideration ~d ap~.al of a ~ata ~ainage
the City of Goppe~ to collect for the benefit of CISD, a ~ata ch~e ~ai~t furze
develo~ of a potion o ~ elopment C~oration pm~y p~u~t to ~ ~eement
~t~een the CISD ~d
III. ACTION RECO~fl~ENDED :
Lan-y Jackson, City Attorney
IV. REP. IN ATTENDANCE A: STAFF - Frank Trando, Finance Director
B: OTHER - CISD - Dr. Stanfield
ABQ Development Corporation - Jay Chester
V. NOTIFICATION TO : N/A
METHOD OF CONTACT :
DATE :
VI. FINANCIAL REVIEW : i. BUDGETED ITEM N/A : YES NO
2. BUDGET AMOUNT :
3. ESTIMATED AMOUNT FOR THIS ITEM :
4. ~MOUNT OVER OR UN~ER Bb~GET :
5. LOW BIDDER RECO?~4E~ED : YES NO
SOURCE OF FUN~ING
CO'S OR BONDS FUNDS :
(Series or year authorized) :
OPERATING BL~GET (Account Number) :
OTHER :
APPROVED BY CITY MANAGER :
ITEM.. NL~BERj~
AGENDA REQUEST FORM
DMEMO!
SALLINGER. NICHOLS. JACKSON.
KIRK & DILLARD
'~-:,~-: s .... ~,3~ .Formerly Sane:'. Jack. Sal~[ng-(.r & Nit:~,olsj
~;.or-~ze ~. _ac~s::-, Altorney~ & Co~nse]ors at Law
:'" ~ ~: 1500 I. ineoln Plaza
~cs~- ~ q~..,~, .... 500 N. Akard
~::SF=- ~ -,~*Sa Dallas. Texas 75201
Facsimile (2141 95-1-3334
TO: Mr. Alan Ratliff, City Manager
City of Coppell
P. O . Box 478
Coppell, Texas 75019
LETTER OF TRANSMITTAL
DATE: 2-6-89
OUR FILE NO: 343
RE: CISD/ABQ Agreement and Request for Pro-Rata Ordinance
WE ARE SENDING YOU ATTACHED THE FOLLOWING:
A propoosed pro-rata ordinance.
REMARKS:
This ordinance empowers the City of Coppell to collect for the benefit of CISD,
as a condition of final plat approval on a certain portion of ABQ's property, pro-rata
charges in accordance with the agreement between CISD and ABQ.
I took the liberty of adding a blank space for the City to receive an administrative
fee. This can be deleted if you don't think it is proper. You may want to set a time
limit even though no time limit is set in the agreement between VISD and ABQ.
'"
-" Lawrence W. Jackson '-'
LAW OFFICES OF EARL LUNA, P.C. CN [-~
4411 CENTRAL BUILDING
4411 N. CENTRAL EXPRESSWAY
DALLieS, TEXAS 75205
(21,4) 521-6001
January 23, 1989
HAND DELIVERED
Dr. David P. Stanfield
Superintendent of Schools
Coppell Independent School District
1201 Wrangler Drive
Coppell, Texas 75019
Re: Joint Improvement Agreement
Between Coppell Independent
School District and ABQ
Development Corporation
Dear Dr. Stanfield:
Pursuant to our telephone conversation this date, enclosed
please find the original of the revised Joint Improvement Agree-
ment containing the revisions we discussed.
Please call if you have any modifications to the agreement.
Yours.~ry truly,
mEL/jk
Enclosure
cc: Mr. Gary Keep
5601 N. MacArthur Blvd.
Irving Texas 75038
cc: Mr. James W. Sche11
Law, Snakard & Gambill .
500 Throckmorton Street
Fort Worth, Texas 76102
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PROVIDING FOR THE
COLLECTION OF PRO-RATA COSTS FROM AN AFFECTED PROPERTY PURSUANT
TO AN AGREEMENT BETWEEN COPPELL INDEPENDENT SCHOOL DISTRICT AND ABQ
DEVELOPMENT CORPORATION; PROVIDING THAT THE AMOUNT COLLECTED SHALL
BE AN AMOUNT OF :¥1ONEY EQUAL TO THE REIMBURSEMENT DUE COPPELL
INDEPENDENT SCHOOL DISTRICT FOR CONSTRUCTION OF STREETS, UTILITIES OR
DRAINAGE STRUCTURES ADJACENT TO THE AFFECTED PROPERTY OWNED BY ABQ;
DESCRIBING THE AFFECTED PROPERTY; PROVIDING FOR REIMBURSEMENT AS SUCH
PRO-RATA PAYMENTS ARE COLLECTED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the COPPELL INDEPENDENT SCHOOL DISTRICT ("CISD") AND ABQ
DEVELOPMENT CORPORATION ("ABQ") have entered into an agreement ("the
agreement"), a copy of which is attached hereto as Exhibit "1" and made a part hereof
for all purposes; and
WllEREAS, pursuant to said agreement, ABQ has by final plat approval dedicated
to the public's use and benefit a right-of-way across the [~roperty of ABQ for a proposed
road ("the Access Road") and the utilities required therewith from the eastern boundary
of CISD to proposed Parkway Boulevard and from proposed Parkway Boulevard to Denton
Tap Road; and
WIIEREA~, pursuant to the agreement, CISD is to cause the roadway and utility
improvements to be constructed and to pay the cost of those improvements listed on
Exhibit "B" of the agreement; and
WHEREAS, pursuant to the agreement, ABQ has agreed to place restrictive
covenants on those parts of its property described as the "Affected Property" in said
agreement and shown on Exhibit "C" attached to said agreement. Such restrictive
covenants to cause the developer of the Affected Property to reimburse CISD, at the
time the final plat of the Affected Property (or any part thereof) is approved by the
City of CoppeI1. The reimbursement to be the amount of money equa! to such developer's
pro-rata share (based on the area of the Affected Property so platted by the developer
and in accordance with the percent of costs as set out in paragraph 3 of the agreement;
and
W~IEREA$, CISD and ABQ have requested the City of Coppell to adopt an
ordinance by which the City of Coppell would be empowered to collect, as a condition
of final plat approval of an "Affected Property" the amount of money equal to the
reimbursement due CISD under the agreement for CISD's construction of the streets,
utilities, or drainage structures adjacent to the Affected Property; and
WHEREAS, the City Counci! of the City of Coppell is of the opinion that such a
pro-rata ordinance should be adopted; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1.
Upon final completion, dedication, and acceptance by the City of Coppell of the
improvements to be constructed by CISD pursuant to the agreement, the actual cost
thereof shall be determined and the pro-rata reimbursement shall be calculated in
accordance with the percentages set out in paragraph 9 of the agreement. Thereafter,
the City shall charge and collect from each developer of the Affected Property at the
time the final plat of the Affected Property (or any part thereof) is approved by the
City of Coppell, an amount of money equal to such developer's pro-rata share (based
on the area of the Affected Property so platted by the developer and in accordance
with the percent of costs as set out in paragraph 3 of the agreement.
SECTION 2.
City shall deposit ail funds so collected by it in an account designated as the
"CISD/ABQ Account," and each ( ) months shall pay to said
CISD the accumulated funds so collected, less an administration fee of 96, and
shall continue to do so until the City shall have collected and paid to CISD as
reimbursement the total actual cost of construction due CISD pursuant to the terms of
the agreement less said administrative charge.
SECTION 3.
This ordinance shall take effect immediately from and after its adoDtion, as the
law in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
day of , 1989.
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
// CITY ~FO RN EY
C089-0206
JOINT IMPROVEMENT AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS
This Joint Improvement Agreement is by and between the
Coppell Independent School District (hereinafter referred to as
"CISD") of Dallas County, Texas, and ABQ Development Corporation
(hereinafter referred to as "ABQ"), a New Mexico corporation with
its headquarters located in Albuquerque, New Mexico, and is to
witness the following:
The parties hereto own adjoining property in Dallas County,
Texas. Property owned by ABQ lies to the north and lies to the
east of property owned by CISD. The property of ABQ separates a
portion of the CISD tract from Denton Tap Road, and separates
the CISD tract from Cottonwood Creek. It would be in the best
interest of CISD to have access across the eastern tract of ABQ
to Denton Tap Road (see Exhibit "A", attached hereto and incor-
porated herein for all purposes), and to have drainage across the
northern tract of ABQ to Cottonwood Creek (see Exhibit "B",
attached hereto and incorporated herein for all purposes). ABQ
is willing to consent to same upon the following terms and condi-
tions:
1. ABQ agrees to dedicate to the public's use and benefit
a right-of-way across the property of ABQ for'. a proposed road
JOINT IMPROVEMENT AGREE~4ENT, PAGE 1
EXB[BIT
("the Access Road") and the utilities required therewith from the
eastern boundary of CISD to proposed Parkway Boulevard and from
proposed Parkway Boulevard to Denton Tap Road. All references
hereafter to the said Access Road and Parkway Boulevard are to
the said proposed roads. ABQ applied for a final plat which
included the said right of way dedication on December 21, 1988
with the Coppell Planning and Zoning Commission, and ABQ will use
its best efforts to submit a final plat to the Coppell City
Council by February 14, 1989.
2. CISD agrees that the construction plans for roadway and
utility improvements of that portion of the Access Road and
Parkway Boulevard necessary for ingress and egress to the school
site must be approved by ABQ and CISD which approval shall not be
unreasonably withheld. The proposed location of the Access
Road easement is shown on the proposed final plat of Parkway
Boulevard (West) attached as Exhibit "A" and incorporated herein
for all purposes. For that portion of the Access Road within the
boundary of the property owned by CISD, CISD may use its own
design, provided, however, the grade elevations of the Access
Road at the common boundary line are mutually acceptable. ABQ
agrees that it will not impede CISD's construction of the Access
Road and Parkway Boulevard by its activities in filling and
grading that area north of Parkway Boulevard and south of
Cottonwood Creek, and shown in Exhibit "A" with diagonal lines.
JOINT IMPROVEMENT AGREE[.IENT, PAGE 2
3. CISD shall cause the roadway and utility improvements
to be constructed and to pay the cost of construction of those
improvements listed on Exhibit "B", attached hereto and incor-
porated herein for all purposes. ABQ agrees to place restrictive
covenants on those parts of its property within 300 feet of, and
adjacent to, the Access Road, Parkway Boulevard, and the eastern
boundary of CISD, hereinafter called the "Affected Property".
The Affected Property is located on Exhibit "C", attached hereto
and incorporated herein for all purposes. ABQ agrees to provide
a legal description of the said Affected Property which will be
included on said Exhibit "C". The restrictive covenants will
cause the developer of the Affected Property to reimburse CISD,
at the time the final plat of the Affected Property (or any part
thereof) is approved by the City of Coppell, an amount of money
equal to such developer's pro-rata share (based on the area of
the Affected Property so platted by the developer) of: (1) one
hundred (100%) percent of CISD's cost of the construction of the
southern two lanes of Parkway Boulevard extension from Denton Tap
Road to the intersection with the Access Road; (2) fifty-two
(52%) percent of CISD's cost of the Access Road from Parkway
Boulevard to the boundary line of CISD and the additional grading
and paving of that area on CISD property necessary to tie in to
the existing school driveways; (3) $108,500.00 reimbursement for
a portion of CISD's cost for a box culvert drainage improvement
on CISD property running along the east boundary line of CISD
JOINT IMPROVEMENT AGREEMENT, PAGE 3
property; (4) one hundred (100%) percent of CISD's cost of
installation of a water line and a storm sewer under Parkway
Boulevard; and (5) Fifty-two (52%) percent of CISD's cost of
installation of a water line and a storm sewer under the Access
Road from Parkway Boulevard to the boundary line of CISD. It is
agreed that neither ABQ, nor its successors, shall have any
obligation to reimburse forty-eight (48%) percent of the cost of
the Access Road, and the utilities required therewith as set
forth hereinabove, from Parkway Boulevard to the boundary line of
CISD. The cost of the roadway system shall include, but not be
limited to, CISD's cost of advertising for public bids, geotech-
nical engineering and testing, grading, construction, paving,
drainage, landscaping and related irrigation costs, street
lighting, required public utilities, engineering (both design and
supervision), staking, platting, and relocation of fencing, in-
cluding any required fees to the City of Coppell. The five (5)
items of reimbursement set out above shall accrue interest at
eight and one-half (8½%) percent per annum from that date when
all five (5) items have been completed and have received written
acceptance by the City of Coppell until the date of repayment.
CISD shall reimburse ABQ for all professional design costs of
Parkway Boulevard and the Access Road and related items at such
time as the last construction contract therefor is awarded. CISD
shall contract with a licensed engineer to supervise such con-
struction.
JOINT IMPROVEMENT AGREEMENT, PAGE 4
CISD shall construct a sanitary sewer, or any part thereof
as directed by ABQ in writing prior to awarding the contract for
such sanitary sewer construction, as shown in City of Coppell
approved construction plans for Parkway Boulevard and the Access
Road, and ABQ shall reimburse CISD within forty-five (45) days
from the date of an invoice from CISD.
CISD shall include in its public bids an alternate bid for
the construction of the northern two lanes of the Parkway Boule-
vard extension from Denton Tap Road to the intersection with the
Access Road, hereinafter called "northern lanes". If the City of
Coppell requires the construction of such northern two lanes,
then CISD shall construct and pay for same, and shall be reim-
bursed for its costs, in the same manner as described above for
the southern two lanes. If ABQ elects to have CISD construct the
northern lanes and so notifies CISD in writing prior to the award
by the Board of Trustees of the CISD of the contract, CISD shall
construct the northern lanes, and shall be reimbursed for its
cost in the same manner as set out above for the sanitary sewer.
If CISD elects to install the northern lanes, CISD shall do so at
its own cost, to be reimbursed in the same manner as described
above for the southern two lanes, provided, however, CISD shall
not be entitled to any reimbursement for interest on the cost of
the northern lanes.
4. The parties further understand and agree that CISD, as
a sub-division of the state, must comply with all public bidding
JOINT IMPROVEMENT AGREEMENT, PAGE 5
laws of the State of Texas, and that its construction contracts
must be in accordance with all state laws. Itemized bids will be
taken for Parkway Boulevard and for the Access Road.
5. The parties agree that the reimbursement shall be the
responsibility of the developer of the Affected Property (or a
part thereof) prior to or simultaneously with final approval of
the final plat by the Coppell City Council. ABQ shall impose
restrictive covenants upon the Affected Property requiring that
the developer shall notify CISD in writing to give CISD ten (10)
days written notice of the £iling of a preliminary plat of all or
any part of the Affected Property. The parties agree that the
reimbursement shall not be col!ateralized by any lien on the
Affected Property or any other property owned by ABQ. CISD
acknowledges that said reimbursement responsibility shall not
impose any responsibility on ABQ or its successors in title until
such time as a preliminary plat is requested and a final plat is
approved on the Affected Property as set forth herein above.
6. The parties agree that the Access Road shall be con-
structed as a public street with sixty (60) feet of right-of-way
and forty-four (44) feet of paving. The section of Parkway
Boulevard to be constructed shall be consistent with the street
design sections for Parkway Boulevard east of Denton Tap Road.
The required design of the intersection at Denton Tap Road shall
be subject to the approval of ABQ and the City of Coppell.
JOINT IMPROVEMENT AGREEMENT, PAGE 6
7. CISD and ABQ agree to cooperate in the platting of the
Access Road and Parkway Boulevard with the intent that same shall
be located at the location shown on the attached Exhibit "A", but
understanding that same may be located at a different location
due to requirements of the City of Coppell.
8. CISD acknowledges that ABQ, or its.successors in title,
will at a later date, be using earth moving equipment to haul
dirt across the Access Road. CISD agrees to cooperate fully
with ABQ to obtain from the City of Coppell, as part of the final
plat approval for the Access Road, a written approval of such
crossings. The city's approval may require ABQ to provide appro-
priate flagmen on the site during peak travel times to and from
the school site. Securing such an agreement from the city is a
condition precedent to the parties' obligations under this
agreement. The parties acknowledge that they would not enter
into this agreement absent such approval by the City of Coppelt
at the time of the final platting. Should such approval or
agreement from the City of Coppell not be obtained on or before
final plat approval, then ABQ, at its sole discretion, may
terminate this agreement whereupon neither party shall have any
obligations hereunder, and this agreement shall be cancelled and
of no further force and effect.
9. ABQ agrees to cooperate with CISD in requesting the
City of Coppell to adopt an ordinance by which the city would be
JOINT IMPROVEMENT AGREEMENT, PAGE 7
empowered to collect, as a condition of final plat approval of an
Affected Property, an amount of money equal to the reimbursement
due to CISD for construction of streets, utilities, or drainage
structures adjacent to the Affected Property (the "Pro-Rata
Reimbursement"). The Pro-Rata Reimbursement shall be determined
by dividing (x) , the percent of the total cost of all improve-
ments as defined in paragraph 3 above, for which the Developer of
the Affected Property is responsible to reimburse CISD, by (y),
the total number of lineal feet of frontage of the Affected Pro-
perty adjacent to any improvements, and multiplying the resulting
quotient by (z), the number of lineal feet of frontage in the
Affected Property being platted adjacent to any improvement. The
said amount will then be increased by eight and one-half (8½%)
percent per year for the applicable period of time as set out in
paragraph 3 above. This proposed ordinance shall incorporate
such language necessary to conform to the provisions of this
agreement and shall state on its face that it is subordinate to
any and all liens, encumbrances, conveyances, or other matters of
title now or hereafter arising on ABQ's property, and reimburse-
ments will be required hereunder only in the event a final plat
is requested by an owner and/or developer of an Affected Property
and is thereafter approved by the City of Coppell. The restric-
tive covenants imposed by ABQ pursuant to paragraph 3 above shall
contain similar requirements for pro rata reimbursement as set
out above.
JOINT IMPROVEMENT AGREEMENT, PAGE 8
10. Notwithstanding anything to the contrary herein, ABQ
reserves the right to convey to CISD, and CISD agrees to accept,
if tendered, in full satisfaction of all reimbursement respon-
sibilities of ABQ or its successors arising from this agreement,
a portion of the tract of land located adjacent to the north
boundary of the CISD school site, to be delivered to CISD (i)
free and clear of any indebtedness, and (ii) filled to the level
of the parking lot constructed on the adjacent CISD school site,
compacted to 95% Standard Proctor Density as determined by
ASTMD-698 (the "Reimbursement Property"). Trees to remain shall
be agreed upon by' CISD and ABQ. The size of the Reimbursement
Property shall be determined by dividing (x), the total outstand-
ing amount of reimbursement due at any given time to CISD by (y),
$1.42 per square foot. The resulting quotient will equal the
number of net square feet contained in the Reimbursement Pro-
perty. Net square feet are defined as gross land owned excluding
any land located in the floodway of Cottonwood Creek as estab-
lished by the City of Coppell. The west boundary of the Reim-
bursement Property will be the west boundary of the ABQ property
and the north boundary will be the centerline of Cottonwood
Creek, as approximately located on Exhibit "C" attached.
11. CISD acknowledges that the land use plan for the ABQ
property plans a roadway to access the land owned by ABQ north of
CISD's northern boundary and south of Cottonwood Creek. Such
JOINT IMPROVEMENT AGREEMENT, PAGE 9
access may be constructed as a public street or as a private
drive. This roadway is hereinafter referred to as the "East-West
Street" and is shown on Exhibit "D", attached hereto and incor-
porated herein for all purposes. In consideration for ABQ's
agreement for access to the school site, CISD agrees to grant to
ABQ or its successors in title an easement, or to dedicate
right-of-way across the northeast corner of the school site in
order to properly intersect the East-West Street with the Access
Road approximately in the xnanner indicated on Exhibit "D"
attached. ABQ or its successors in title will bear the sole cost
of constructing the East-West Street and will construct it in
such a manner that there are no points of ingress and egress from
the East-West Street to the school parking lot. The final street
design and alignment shall be mutually agreeable to both parties.
As a part of this agreement, ABQ and CISD agree to trade to
each other the two tracts of substantially equal value identified
as "Trade Tracts" on Exhibit "D", on or before sixty (60) days
from the date of an appraisal by an appraiser for CISD. The said
trade tracts shall be free and clear of all liens or encumbrances
except as may be specifically accepted by the grantee thereof.
12. Drainage Improvements Along Common Boundary of Proper-
ties.
a. CISD has caused sanitary sewers and drainage
structures to have been constructed at locations shown on Exhibit
JOINT IMPROVEMENT AGREEMENT, PAGE 10
"E", attached hereto and incorporated herein. Both parties agree
to execute easements authorizing such sewers and drainage struc-
tures. ABQ shall have no responsibility for maintenance or
repair or replacement of such sewer and drainage structures.
CISD shall use its best efforts to secure the City of Coppell's
final acceptance of such sanitary sewers and drainage structures
for maintenance. ABQ agrees to execute and deliver to the City
of Coppell such easements as are necessary to effect the city's
acceptance of such sanitary sewers and drainage structures for
maintenance.
b. The drainage structures shall be designed to have
adequate capacity and be at the proper elevation to receive
drainage from the property owned by ABQ immediately east of and
adjacent thereto. CISD agrees to grant to ABQ a drainage ease-
ment providing ABQ's said property the right to drain into the
drainage structure to be constructed by CISD. CISD shall have no
responsibility for maintenance or repair or replacement to drain-
age connections constructed by ABQ to direct the drainage from
ABQ's land to the drainage structure on CISD's property.
c. CISD shall have no obligation to construct the
remaining extension of the drainage structure from CISD's north
property line across the property of ABQ to Cottonwood Creek.
Such cost shall be paid by the developers of the ABQ property at
such time as the said property is developed.
JOINT IMPROVEMENT AGREEMENT, PAGE 11
d. ABQ agrees to allow CISD to access the existing
sewer line along ABQ's western boundary.
13. CISD agrees to fulfill the requirements of the plat
approved by the City of Coppell which requires light baffles on
the stadium and/or parking lot lighting to reduce the light spill
on property to the north. Such lighting will be designed so as
to cause the ambient light spill at CISD's north property line
not to exceed an intensity of one foot candle.
14. The ABQ property adjoining the CISD tract is currently
being used to graze cattle and horses. CISD agrees to re-estab-
lish any existing fences of ABQ which must be disturbed during
the construction and CISD agrees to erect temporary fences to
retain livestock during construction. Specifically, but not by
way limitation, the cuts and fills along the north boundary of
the school site will be sloped to the common boundary so as to
prevent slope failures and erosion which may cause loss of
fencing. It is the mutual intention of the parties to not
interrupt the existing agricultural use in order to facilitate
the construction of the high school and CISD agrees it will not
object to the continued use of the ABQ property for agricultural
purposes subsequent to the opening of the high school provided
that the manner of usage remains substantially the same as such
property is presently being used. Construction improvements are
being made on ABQ's property at this time for the sole purpose of
accommodating the requests of CISD.
JOINT IMPROVEMENT AGREEMENT, PAGE 12
15. The obligations of ABQ hereunder are subject to ABQ's
review and approval of the final engineering designs of all
improvements and right-of-way alignments that have an impact on
its property prior to submitting a final pla~ ~equest to the City
of Coppell. ABQ shall submit proposed plats of the streets to
CISD which shall have an opportunity to review the design, but
shall not be required to do so.
16. CISD has agreed ABQ shall have the right, upon fifteen
(15) days prior written notice to CISD, to enter upon the east
boundary of CISD's property in order to grade, at ABQ's sole
expense, a gradual transition (not to be greater than a 3 1
slope) from ABQ's property line to a point approximately five
feet east of CISD's street or drive along CISD's eastern boun-
dary. Any such graded area on CISD property shall be reseeded
and returned as close as is reasonably practicable to its
condition immediately preceding the work.
17. Each party hereto agrees to promptly execute any
easements necessary to accomplish the purposes set out herein.
18. This contract shall be construed under and in accord-
ance with the laws of the State of Texas.
19. This contract is performable in Dallas County, Texas,
and venue for any disputes arising hereunder shall be in Dallas
County, Texas.
20. In case any one or more of the provisions contained in
this contract shall for any reason be held to be invalid,
JOINT IMPROVEMENT AGREEMENT, PAGE 13
illegal, or unenforceable in any respect, this invalidity,
illegality, or unenforceability shall not affect any other pro-
vision hereof, and this contract shall be construed as if the
invalid, illegal, or unenforceable provisioh had never been
contained herein.
21. This contract constitutes the sole and only agreement
of the parties and supersedes any prior understandings or written
or oral agreements between the parties respecting the within
subject matter.
ACCEPTED AND AGREED TO this 23rd day of January, 1989.
ABQ DEVELOPMENT CORPORATION COPPELL INDEPENDENT SCHOOL DISTRICT
By: By:
STAN STRICK~N, Senior JUDI BAGGETT, President
Vice President Board of Trustees
ATTEST:
ROY BROCK, Assistant Secretary
Board of Trustees
C2
JOINT IMPROVEMENT AGREEMENT, PAGE 14
EX~IIBIT B
C I S D CONSTRUCTION RESPONSIBILITIES
LOCATION FROM T_~O
GRADING
PARKWAY BLVD. WEST ROW DENTON TAP HIGH SCHOOL ACCESS EAST
HIGH SCHOOL ACCESS PARKWAY BLVD. PROPERTY LINE OF SCHOOL
ROAD SITE
PAVING
PARK~,';AY BLVD. N/S PARKWAY BLVD. TURNOUT HIGH SCHOOL ACCESS ROAD
LANES AS SHOWN ON DRAWING B-2
HIGH SCHOOL ACCESS PARKWAY BLVD. HIGH SCHOOL PROPERTY
ROAD " INCLUDING AREAS SHOWN ON
DRAWING B-2.
WATER
PARKWAY BLVD. WEST OF DENTON TAP HIGH SCHOOL ACCESS ROAD
EXISTING AS SHOWN ON DRAWING B-1
HIGH SCHOOL ACCESS PARKWAY BLVD. HIGH SCHOOL PROPERTY
ROAD AS SHOWN ON DRAWING B-1
STORM SEWER
PARKWAY BLVD. LINE A AS SHOWN ON DRAWING B-l, B-4
HIGH SCHOOL ACCESS ROAD LINE B AS SHOWN ON DRAWING B-l, B-4
SANITARY SEWER*
LINE A EXISTING 24" LINE SOUTH OF PARKWAY BLVD.
AS SHOWN ON DRAWING B-1
LINE B WEST OF DENTON TAP EAST OF HIGH SCHOOL ACCESS
ROAD AS SHOWN ON DRAWING B-1
LANDSCAPING/STREET LIGHTING
MEDIAN IN PARKWAY BLVD.
* ABQ TO PAY FOR
EXHIBIT "B"
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