Riverchase(3)-CN 860708 CITY-DEVELOPER AGREEMENT
THIS AGREEMENT is entered into as of the ~"'"F)~day of ~J~ __, 1986,
by the City of Coppell, Dallas County, Texas ("City") and Rive,~chase Joint
Venture ("Developer").
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The following recitals form the basis for and are part of this Agreement:
A. Developer Is the owner and developer of a project known as
Rlverchase, A Master Planned Community in Coppell, Texas ("Riverchase").
B. Developer has agreed, as outlined in the ~z'ontng ordinance for
Rlverchase, to pay all the expense for traffic signalization (as described in
Exhibit "A") and to pay 1/2 the expense of permanent improvements (as
described in Exhibit "B") to the intersection of MacArthur Boulevard and Belt
Line Road, in the City of Coppell. If work is to begln at this time, other
additional improvements will be necessary (including fill, temporary storm
sewer, temporary pavement transitions to the east, west and south of the
intersection, etc.). The above described items are collectively referred to
herein as the "Work". The Work is fully described in plans and specifications
prepared by Nathan D. Maier Consulting Engineers, Inc. and signalization
specifications attached.
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C. After considering possible relocation of Belt Line Road, City has
notified Dallas County that it is the present desire of the City that Belt
Line Road be improved within its present right-of-way and in reliance upon
such notice and the actions of Dallas County, Developer has agreed to proceed
with the Work.
D. City and Developer agree that if the Work is done at this time (prior
to reconstruction of Belt Line Road) it ultimately will be cheaper and safer
to rebuild Belt Line Road and will lessen interference caused by traffic
diversion.
NOW THEREFORE, in consideration of the mutual promises in this Agreement
and the mutual benefits to be obtained from the Work, the adequacy of which is
hereby acknowledged, City and Developer agree as follows:
1. Developer to Cause Completion of the Work. Notwithstanding
Developer's obligation to pay only for traffic stgnalizatlon and 1/2 of the
cost of the permanent lntersectlon, Developer at its expense agrees to cause:
awarding of a contract for all of the Work to a contractor reasonably
acceptable to the City; the issuance of a work order to commence all of the
Work; and completion of all of the Work. Developer shall provide City with an
executed copy of its contract and such other documentation as Is reasonably
requested by City. Developer shall be responslble for all contract
administration and construction management. Developer shall use reasonable
efforts to cause the Work to proceed as quickly as practicable. Developer and
its contractor are hereby given a temporary construction easement over all
public right-of-ways reasonably necessary for conducting the Work and City
agrees to execute such further instruments as may be reasonably necessary and
shall otherwise reasonably cooperate to effect completlon of the Work.
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2. Requirements of Contractor. Developer shall require the contractor
to furnish a performance bond and a payment bond complying with the
requlrements of the McGregor Act. The bonds shall be in favor of Developer
and City, it being agreed that City has an interest in the performance and
payment of the Work. Developer shall require the contractor to carry
comprehensive general liability insurance with limits of at least $500,000 and
with City and Developer named as insureds. Upon request, Developer shall
obtatn and furnish certificates evidencing such insurance coverage.
3. City to Accept the Work. City will at tts expense periodically
inspect the Work. Upon completion as per City speciflcations, Clty shall
promptly obtain a certificate of completion from Its eogtneers and issue its
Certificate of Acceptance and assume ownership of the Work. Developer shall
deliver good title to the Work free of liens and encumbrances.
4. Developer to Assist in Bridqe Approval. Improvements to Belt Line
Road will require construction of a new bridge where Belt Line Road crosses
the Trinity River (near the Intersectlon of MacArthur Boulevard. and Belt Line
Road). City and Developer agree that the construction of a shorter brldge
than is now planned (and approved by the Army Corps of Engineers) would
benefit City by reductng tts costs for the improvement of Belt Line Road.
Developer, at Its expense, agrees to retain Nathan D. Maier Consulting
Engineers, Inc. to provtde the City with reasonable consulting and assistance
in obtalning approval for the new design from the Army Corps of Englneers.
5. Pavtnq Donation. The southern boundary of Rlverchase is adjacent to
a strip of railroad right-of-way that ts adjacent to Belt Line Road In its
existing location (i.e. the railroad right-of-way is situated between
R',verchase and Belt Line Road). Developer agrees to donate to City a sum
equal to the prorata share of the City's paving assessment for improvements to
Belt Line Road computed as if the southern boundary of property owned by
Developer within Riverchase was actually adjacent to Belt Line Road.
Developer's first installments on the donation shall be (al the sums expended
by Developer as per Paragraph 4, and (bi the sums expended by Developer in
connection with the Work that exceed Developer's prior commitments (i.e. sums
in excess of the cost of traffic signalization and 1/2 of the cost of the
permanent intersection). The balance of the donation shall be paid when
assessments are due from other landowners for improvement of Belt Line Road.
Developer's donation shall be subject to the provisions set out below.
6. A~reements if Belt Line Road is Relocated. The zoning ordinance for
Rlverchase describes certain agreements by Developer related to the WorK,
landscaping and other improvements associated with Belt Line Road in its
existing location. City (acting through its mayor and council) has recently
adopted a resolution which in effect states that to the extent the City
Council of .Coppell has authority to determine whether Belt Line Road should be
relocated, it is the determination of the council that Belt Line Road should
not .be relocated. However, it is understood and agreed that the City is free
to change its position on the relocation issue.
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Should City take ~ny action (prior to reconstruction of Belt Line In its
present location) to change its position on the relocation of Belt Line Road
and as a result thereof such relocation shall occur, or should City take any
action that causes Belt Line Road not to be reconstructed in its present
location, the following provisions shall apply:
(al City shall upon demand reimburse Developer for all sums expended by
Developer for or associated with the Work and all sums expended by Developer
as per Paragraph 4. Developer's expenditures for the work will be made in
reliance upon City's promise to reimburse Developer as set forth in this
paragraph 6(al.
(bi Developer shall not be required to make any of the improvements
related to Belt Line Road required by the zoning ordinance; and
(c) Developer's agreement herein to make donatlons for Belt Line Road
shall be null and void.
(d) It ts anticipated that the City's promise to reimburse Developer as
set forth in Paragraph (al above may be satisfied out of current or reserve
revenues or other sources of funds. If City does not fulfill its promise to
reimburse Developer as set forth in Paragraph (al. Developer shall be entitled
to recover a money Judgment against City awarding such reimbursement and with
a court order requiring the City to incorporate the cost of reimbursement into
a budget and requiring City levy a tax sufficient to pay for the reimbursement.
7. General. This Agreement shall be binding on and inure to the benefit
of the parties hereto, their successors and assigns, provided, however that no
assignment shall be effective until approved by the remaining party, which
approval shall not be unreasonably withheld. This Agreement is not made for
the benefit of any contractor, the public or any other third party, and no
third party shall have any rights under this Agreement. Any notice given
under this Agreement shall be delivered to the following address unless
wrltten change of address is received.
City of Coppell Rtverchase Joint Venture
P. O. Box 478 5420 LBJ Freeway
Coppell, Texas 75019 Two Lincoln Centre, Suite 1370
Dallas, Texas 75240
ATTN: Jay Patterson
Executed as of the date first ~bove written.
CITY Oft P
· ~ ..-' Mayor
Attest:
_- City Secreta-y' .~,..-~
RIVERCHASE JOINT VENTURE
By: Terra Land Dev~ment Co,,
VentureMana~
~t~rson, President
The Coppell City Attorney has approved the form of Agreement and represents to
Developer that this Agreement lsa valid and bindtngl. Obllgatton of City,
enforceable in accordance with its terms. /q~-~
Co~e~/ty Attorney
City-Developer Agreement
EXHIBIT "A"
BELT LINE ROAD AT MACARTHUR BOULEVARD
TRAFFIC SIGNALIZATION
ITEM ESTIMATED
NO. QUANTITY UNITS DESCRIPTION
1 4 EA 5-Sect)on Signal Head W-12 Inch
Lenses, Back Plate, and Astro
Mounting BraE~ets
2 11 EA 3-Section Signal Head W-12 Inch
Lenses, Back Plate and Astro
Mounting Brackets
3 1 EA B Phase, Full Actuated Nema
Controller with Railroad Pre
Emptor and Internal Time Based
Coordination Complete in Cabinet
4 ... 4 EA 45 Foot Mast Arm Pole
5 1 EA 25 Foot Mast Arm Pole
6 5 EA Mast Arm Pole Foundation Anchor
Bolts
? 1 EA Controller Cabinet Foundation
Complete with Anchor Bolts, Ground
Rod, and Brass Ground Clamp
B 654 LF 2 Inch Underground Conduit (PVC)
9 500 LF 3 Inch Underground Conduit (PVC)
l0 8 EA Pull Box
ll 1 EA Servtce Pole Complete with Service
Meter and A.C. Power Hook Up
12 50 LF 3C # 8 Power Cable
13 13,500 LF 2 Conductor 14-Gauge Signal Cable
14 1,600 LF 3 Conductor 14-Gauge Signal Cable
15 975 LF 5 Conductor 14-Gauge Signal Cable
16 3,800 LF Loop Detector Saw Cut
17 12 EA Loop Detector Amplifiers
18 1 LS Mobilization
City-Developer Agreement
E×HIBIT "B"
NATHAN D. MAIER
CONSULTING ENGINEERS, INC,
PROJECT DESCRIPTION: MacArthur-Belt Line Intersection
DATE: 6-9-86 PREPARED BY' BH
ITEM
NO. QUANTITY UNIT DESCRIPTION
Permanent Intersection
I 13,218 SF Intersection Pavers
2 5,568 SF Paver Bands
3 ~. 2,240 SY 8" Reinforced Conc.
4 420 LF 6" Integral Curb
5 5,360 CY Compacted Fill
6 450 LF 24" R.C.P. Culverts
7 1,302 ' LF 30" R.C.P. Culverts
8 4.80 CY Mult. Hdwl. for 30" R.C.P.
9 3.32 CY Mult. Hdwl. for 24" R.C.P.
l0 2 EA Remove Mult. Hdwl. for 30" R.C.P.
ll 32 Tons Hydrated Lime
12 2,350 SY Lime Stabilization
13 170.00 LF Concrete Street Header