Vistas of C 1stP-AG 950328 (2)
AGENDA REQUEST FORM
CITY COUNCIL MEETING:
ITEM
March 28, 1995
CAPTION:
Consideration and approval of a pro rata agr
and Coppell 200 Joint Venture and
~eme~n between the City of Coppell, Vista Property
.g the Mayor to sign.
SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Assistant City Manager/City
STAFF COMMENTS:
INITIALS
See attached memo.
STAFF RECOMMENDATION Approval
EXPLANATION:
Staff recommends approval of the pro rata
of the 2% inspection ~e.
Denial
with a 20 year time frame and the waiver
BUDGET AMT. $
FINANCIAL COMMENTS:
FINANCIAL REVIEW:~
AMT. EST.$
CITY
+/- BUD:$
MANAGER REVIEW:
Agenda Request Form - Revised 1/94
'SUPPORT DOCUMENTATION FOR AGENDA ITEM
STAMP RECEIVED BY CITY MANAGER'S OFFICE:
SUPPORT DOCUMENTATION SUBMITTED WITH ITEM:
MEMOS/LETTERS/REPORTS/BILLS/MINUTE:
CONTRACT/AGREEMENT ........... :
C.I.P. CONTRACT ................. :
CHANGE ORDERS ................. :
NO. OF ORIGINALS REQUIRED
for a total of pages
3 originals for signature
6 originals for signature
3 originals for signature
ORDINANCE .................... :
CAPTION ....................... :
RESOLUTION .................... :
PROCLAMATION ................. :
1 blueback for signature + 3 copies
1 blueback for signature
2 blueback for signature + 1 copy
2 blueback for signature + 1
BIDS ..........................
SUPPORTING DOCUMENTS (narrative) . . .
(over 10 pages or 5 double sided in length)
LOCATION MAPS ..................
ZONING PLANS ...................
PRELIMINARY/FINAL PLATS ..........
SITE PLANS ......................
LANDSCAPE PLANS ................
ARCHITECTURAL RENDERINGS ........
LENGTHY DOCUMENTS .............
(zoning, subdivision ordinance, master plans)
DATE PUBLISHED IN THE CITIZENS' ADVOCATE:
(to meet legal requirements prior to consideration by council)
NOTIFICATION TO:
METHOD OF CONTACT:
NOTES
1 each
19 + original
14
14
14
14
14
14
14
Agenda Request Distribution - Revised 1/94
MEMORANDUM
To:
From:
RE:
Date:
Mayor and City Council
Kenneth M. Griffin, P.E., Assistant City Manager/City Engineer ~
Consideration and approval of a pro rata agreement between the City of Coppell,
Vista Property and Coppell 200 Joint Venture and authorizing the Mayor to sign.
March 20, 1995
For sometime now City staff has been working with representatives of Vista Properties and their
engineer and attorney to work out a pro rata reimbursement agreement for the development of
a lift station and sewer line improvements to allow the development of what is commonly known
as Vista Ridge and Coppell 200 Joint Venture properties. The improvements will also benefit
property generally west of the Coppell 200 Joint Venture property (see map on benefitted area).
In essence, the agreement allows for Vista Properties to hire an engineer, Carter and Burgess,
to design the lift station and force main that will connect the new lift station into the existing
DeForest Road lift station. At some later date, there will be an additional pro rata agreement
that would allow for the construction of sewer lines on the north side of Denton Creek from
Denton Tap Road to the proposed lift station east of MacArthur Blvd. However, this particular
pro rata agreement only covers the lift station and the force main to connect the two lift stations.
The agreement has been reviewed by our attorneys and the comments by the attorneys have been
incorporated into the pro rata reimbursement agreement. The approval of the agreement will
necessitate one variance to the Subdivision Ordinance and one waiver of fees. The Subdivision
Ordinance allows for pro rata agreements for 10 years only. The owners of the property have
requested a 20 year period for the agreement. Because of the amount of land and the complexity
of the land development, the City offers no objections to the 20-year time period for the pro rata
agreement and recommends that Council approve the variance to the Subdivision Ordinance.
The second request is for a waiver of the 2 % inspection fees for the lift station and the force
main. Because this is part of the City's Master Plan and is being designed and funded by a
private entity at no cost to the City, then the City would offer no objections to the waiver of the
inspection fees. Obviously, I will still have an inspector checking the job site during
construction.
Staff recommends approval of the pro rata agreement with a 20 year time frame and the waiver
of the 2 % inspection fee. Staff will be available at the Council meeting to answer any questions.
26.
Consideration and approval of a pro rata agreement between the City of
Coppell, Vista Property and Coppell 200 Joint Venture, and authorizing the
Mayor to sign.
Ken Griffin, Assistant City Manager/City Engineer, made a presentation to the Council. After
lengthy discussion, Mayor Pro Tem Robertson moved to approve a pro rata agreement between
the City of Coppell, Vista Property and Coppell 200 Joint Venture, and authorizing the Mayor
to sign. Councilmember Sturges seconded the motion; the motion carried 6-0 with Mayor Pro
Tem Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, and Sheehan voting
in favor of the motion.
EXECUTIVE SESSION
(Closed to the Public)
Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
Mayor Morton convened into Executive Session at 8:54 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 8:57 p.m. and opened the Regular
Session.
27. Necessary action resulting from Executive Session.
Mayor Morton read the following statement:
"The City has been presented with a concept plan in connection with the settlement of the
threatened litigation by the Parks of Coppell Trust which would limit the number of restaurants
with drive-thru window service in the area known as Town Center site. This concept plan
would avoid litigation concerning the agreement made in 1982 with the Parks of Coppell Joint
Venture II, the predecessor to the Parks of Coppell Trust. As a result, we have asked that the
City Manager, in coordination with the City Attorney, negotiate a potential resolution of the
matter and this resolution be presented for City Council consideration at the April 11, 1995
meeting."
28.
City Manager's Report.
A. Request to move City Council/Home Rule Charter Commission Meeting
to April 18th.
B. Insurance Services Office Key Rate.
City Manager Jim Witt suggested that the joint meeting with the City Council and Home
Rule Charter Commission be held at the new library facility due to the number of
CM032895
Page 10 of 12
SANITARY SEWER PRO-RATA REIMBURSEMENT AGREEMENT
This Sanitary Sewer Pro Rata Reimbursement Agreement (the "Agreement") is executed
between the CITY OF COPPELL, TEXAS (the "Ci .ty"), VISTA PARTNERS, a Nevada general
partnership ("Vi_~), and CgP/PEL~ 200 JOINT VENTURE, a Texas joint venture ("JV") to be
effective the o2 ~o ~[ay of ,1995.
WHEREAS, Vista, JV, and other persons or entities own, in the aggregate, approximately
505 acres of real property that are located within the corporate limits of the City and that are
delineated on Exhibit "A" (and hereinafter referred to) as the "Benefited Area";
WHEREAS, Vista owns, or for the limited purposes of this Agreement represents the
owners of, approximately 213 acres within the Benefited Area, which 213 acres are delineated on
Exhibit "A" (and hereinafter referred to) as the "Vigtg Property.";
WHEREAS, JV owns approximately 170 acres within the Benefited Area, which 170 acres
are delineated on ~ (and hereinafter referred to) as the "JV Properly_";
WHEREAS, other individuals or entities not parties to this Agreement own approximately
122 acres within the Benefited Area, which 122 acres are (delineated) on Exhibit "A" (and
hereinafter referred to) as the "Remaining Property.";
WItEREAS, development of all property within the Benefited Area will require the design
and construction of certain infrastructure improvements including, but not limited to, (i) a sanitary
sewer lift station (with an ultimate capacity of approximately 3.0 million gallons per day; the
"Ultimate Lift Station") that will be located east of Macarthur Boulevard and north of Denton
Creek on property owned by Vista, and (ii) a 12 inch force main (the "Ultimate Force Main") that
will be located in the right-of-way of Macarthur Boulevard and that will connect the Ultimate Lift
Station to the existing DeForest Lift Station;
WHEREAS, the Ultimate Lift Station and Ultimate Force Main will be located as
generally shown on Exhibit "A" attached hereto;
WHEREAS, Vista, JV, and the City each acknowledges and agrees that the Ultimate Lift
Station and Ultimate Force Main will directly, immediately, and uniformly (on a per-acre basis)
benefit all property within the Benefited Area;
WHEREAS, Vista, JV, and the City each acknowledges and agrees that all property within
the Benefited Area will benefit from the construction of the Ultimate Lift Station and Ultimate
Force Main, the amount of which benefit will substantially exceed the Total Project Costs
(hereinafter defined) for such improvements;
Sanitary Sewer Pro Rata Reimbursement Agreement
07095.0207:5627 3/23/95 5:54 PM
PAGE - 1
WHEREAS, Vista, JV, and the City agree that near term development of property within
the Benefited Area justifies the immediate design and construction of (i) the initial phase of the
Ultimate Lift Station (consisting of the Ultimate Lift Station box structure with a "knock out"
divider wall and one or more pumps capable of providing an initial capacity of approximately 1.0
million gallons per day (the "Initial Phase Lift Station") and (ii) the Ultimate Force Main. The
Initial Phase Lift Station and the Ultimate Force Main shall hereinafter be referred to as the "Phase I
Improvements". The improvements necessary to upgrade the capacity of the Initial Phase Lift
Station to the capacity of Ultimate Lift Station (i.e., from 1.0 million to 3.0 million gallons per day)
shall hereinafter be referred to as the "Pha~e II Improvements";
WHEREAS, the City desires that Vista and JV design and construct the Phase I
Improvements upon the terms and conditions set forth in this Agreement;
WItEREAS, Vista and JV are willing to design and construct the Phase I Improvements
upon the terms and conditions set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual covenants set forth in this
Agreement, Vista, JV, and the City agree as follows:
Desi_en of Phase I Improvements. Vista and JV (collectively, "Developer"), at
Developer's sole cost and expense, will cause Carter & Burgess, Inc., 7950 Elmbrook Drive,
Suite 250, Dallas, Texas 75247-4961, to design the Phase I Improvements. Except as
hereinafter provided, such design shall be in accordance with the City's ordinary and
customary requirements applicable to public works construction projects and shall be
subject to final approval by the City (which approval shall not unreasonably be withheld or
delayed). The City agrees to use all reasonable efforts to review and approve Developer's
plans and specifications for the Phase I Improvements in a timely manner.
Construction of Phase I Improvements. Developer, at its initial sole cost and expense,
will cause the Phase I Improvements to be constructed, subject to reimbursement as set
forth in paragraphs 13, 14, and 15 hereof. Except as hereinafter provided, such construction
shall be in accordance with the City's ordinary and customary requirements applicable to
public works construction projects and shall be subject to final approval and acceptance by
the City (which approval and acceptance shall not unreasonably be withheld or delayed).
The construction schedule for the Phase I Improvements will be established by Developer.
The City agrees to use all reasonable efforts to review, inspect, and approve construction of
the Phase I Improvements in a timely manner. The City acknowledges and agrees that
Developer shall not be required to competitively bid any of the contracts that will be
required to construct the Phase I Improvements.
~. The costs to design and construct the Phase I Improvements (the "Phase I
Costs") are estimated on ~ attached hereto. The costs to design and construct
the Phase II Improvements (the "Phase II Costs") are estimated on Exhibit "C" attached
hereto. The sum of the Phase I Costs and the Phase II Costs shall hereinafter be referred to
as the "Total Project Costs".
Sanitary Sewer Pro Rata Reimbursement Agreement
07095.0207:5627 3/23/95 5:54 PM
PAGE - 2
Cost Sharing: Payment of Costs: Disbursement of Funds. Vista shall pay 55.614%
(213 divided by 383) of the actual Phase I Costs. JV shall pay 44.386% (170 divided by
383) of the actual Phase I Costs. Vista and JV shall escrow (the "Con~l[mction Escrow")
their respective portion of the estimated Phase I Costs within days after this
Agreement has been formally and finally approved by the City Council of the City and has
been duly executed by an authorized representative of the City. Vista and JV will deposit
additional funds (in proportion to the percentages set forth in this paragraph 4) in the
Construction Escrow if necessary to pay the actual Phase I Costs (such additional deposits
to be made within a reasonable time, not to exceed 30 days, after either Vista or JV
reasonably determines that the balance in the Construction Escrow is insufficient to pay the
actual Phase I Costs and gives the other party written notice of such deficiency together
with reasonable evidence of the nature, category, and amount of such deficiency).
Disbursements from the Construction Escrow shall require the approval of both Vista and
JV (which approvals shall not unreasonably be withheld or delayed). The balance, if any,
remaining in the Construction Escrow upon completion and acceptance by the City of the
Phase I Improvements shall be retumed to Vista and JV in proportion to the percentages set
forth in this paragraph 4.
Insurance and Bonds. Developer agrees to provide or cause to be provided to the City all
insurance policies and payment, performance, and/or maintenance bonds ordinarily and
customarily required by City policy and applicable to public works construction projects.
No City_ Cost Participation: Waiver of Review. Approval, and/or Inspection Fees. The
City shall not be obligated to participate in any of the Phase I Costs. In addition, the City
agrees that it will not charge Developer (and the City hereby expressly waives) any fees or
charges associated with the City's (i) review and/or approval of any designs, drawings,
plans, or specifications for the Phase I Improvements or (ii) review, inspection, approval,
and/or acceptance of the Phase I Improvements.
Calculation/Imposition of Sanitary_ Sewer Pro-Rata Charges. The City agrees to
calculate and impose by ordinance a sanitary sewer pro-rata charge per acre on all property
within the Benefited Area in an amount equal to the estimated Total Project Costs divided
by the number of acres within the Benefited Area (subject to adjustment when the actual
Total Project Costs are known).
Collection of Sanitary_ Sewer Pro-Rata Charges. Subject to the pre-payment provisions
hereinafter set forth, a sanitary sewer pro-rata charge (equal to the above-defined pro-rata
charge per acre multiplied times the number of acres; the "Pro-Rata Charge") shall be
collected from each owner of property within the Benefited Area at the time such property
is final platted (or at the time a building permit is issued if the property is already platted).
The Pro-Rata Charge shall be calculated based on the area of the property being final
platted or, if the property is already platted, based on the area of the lot on which is located
the building or structure for which a building permit is being issued.
Sanitary Sewer Pro Rata Reimbursement Agreement
07095.0207:5627 3/23/95 5:54 PM
PAGE - 3
10,
11,
12.
Pro-Rata Prepayment by Vista. Upon completion and acceptance by the City of the
Phase I Improvements, Vista shall be deemed to have prepaid its Pro-Rata Charges in an
amount equal to the portion of the Phase I Costs paid or incurred by Vista. Vista's Pro-Rata
Charge prepayments shall inure to the benefit of Vista and successor owners of the Vista
Property on an equal, per-acre basis and may be transferred or assigned to such successor
owners without the consent of the City. No transfer or assignment shall be effective,
however, unless written notice thereof has been given to the City, including the name and
address of the transferee or assignee and a description of the property sold to such transferee
or assignee.
Pro-Rata Prepayment by JV. Upon completion and acceptance by the City of the Phase I
Improvements, JV shall be deemed to have prepaid its Pro-Rata Charges in an amount equal
to the portion of the Phase I Costs paid or incurred by JV. JV's Pro-Rata prepayments shall
inure to the benefit of .IV and successor owners of the JV Property on an equal, per-acre
basis and may be transferred or assigned to such successor owners without the consent of
the City. No transfer or assignment shall be effective, however, unless written notice
thereof has been given to the City, including the name and address of the transferee or
assignee and a description of the property sold to such transferee or assignee.
Reservation of Capacity_. Upon completion and acceptance by the City of the Phase I
Improvements, and upon the condition that Vista has paid 55.614% of the Phase I Costs, the
City agrees that Vista shall be entitled to 42.178% (213 divided by 505; the "Vista
Capacity") of the capacity of the Initial Phase Lift Station. Upon completion and
acceptance by the City of the Phase I Improvements, and upon the condition that JV has
paid 44.386% of the Phase ! Costs, the City agrees that JV shall be entitled to 33.663%
(170 divided by 505; the "JV Capacity_") of capacity of the Initial Phase Lift Station. The
remaining 24.159% (122 divided by 505; the "Remaining Capacity.") of the capacity of the
Initial Phase Lift Station shall be reserved for development of the Remaining Property. If
either Vista or JV pays any portion of the other party's share of the Phase I Costs and such
payment (together with interest thereon at the rate of 18% per anntun until fully reimbursed)
is not fully reimbursed within 30 days following written demand for reimbursement, the
reserved capacity of the party making such payment shall be proportionately increased (e.g.,
if Vista were to pay one-half of JV's share of the Phase I Costs, then Vista's reserved
capacity in the Initial Phase Lift Station would be increased to 59.010%).
Impact/Connection Fees. Notwithstanding anything in this Agreement to the contrary, all
property within the Benefited Area shall continue to be liable for Water and Sewer Impact
Fees (to reimburse the City for the costs of its Capital Improvement Projects excluding,
however, the Phase I Improvements and the Phase II Improvements) and for ordinary and
customary "hook-up" or "connection" fees. Nothing contained in this paragraph 12 shall
relieve, impair, or otherwise affect the obligation of an owner of property within the
Benefited Area to pay the Pro-Rata Charge as required by this Agreement.
Sanitary Sewer Pro Rata Reimbursement Agreement
07095.0207:5627 3/23~5 5:54 PM
PAGE - 4
13.
14,
15.
16.
17,
Vista Reimbursable. Vista shall be entitled to reimbursement (the "Vista Reimbursable")
from the Segregated Account (hereinafter defined) for the amount by which (a) the sum of
(i) Phase I Costs paid or incurred by Vista plus (ii) Vista Funded Shortfalls (hereinafter
defined) exceeds (b) 42.178% of the estimated Total Project Costs (subject to adjustment
when the actual Total Project Costs are known).
OV Reimbursement. JV shall be entitled to reimbursement (the "JV Reimbursable" from
the Segregated Account for the amount by which (a) the sum of (i) Phase I Costs paid or
incurred by JV plus (ii) JV Funded Shortfalls (hereinafter defined) exceeds (b) 33.663% of
the estimated Total Project Costs (subject to adjustment when the actual Total Project Costs
are known).
Creation of Segregated Trust Account. For a period of 20 years after the Phase I
Improvements are completed and accepted by the City, all Pro-Rata Charges and Third
Party Funded Shortfalls (hereinafter defined) collected by or paid to the City and any
voluntary City Contributions (hereinafter defined) will be placed in a segregated, tmst
account (the "Segregated Account") to be used solely (and in the priority) as follows:
FIRST, payment of Phase II Costs;
SECOND, repayment of the Vista Reimbursable and JV Reimbursable (on a pari
pasu basis in proportion to the respective amounts of such reimbursables); and
LAST, for any other purpose approved by the City, including repayment of all or
any portion of any Third Party Funded Shortfall.
Any balance remaining in the Segregated Account at the end of the 20-year period may be
used by the City for any purpose.
Additional Capacity_ for Vista Development. If development of the Vista Property
requires capacity in the Initial Phase Lif~ Station that exceeds the Vista Capacity, upon
written notice from Vista the City will promptly either (i) make available to Vista a portion
of the Remaining Capacity or (ii) make available the funds in the Segregated Account to
design and construct the Phase II Improvements upon the condition that Vista will pay the
amount, if any, by which the actual Phase II Costs exceed the funds in such account (the
"Vista Funded Shortfall").
Additional Capacity_ for JV Development. If development of the JV Property requires
capacity in the Initial Phase Lift Station that exceeds the JV Capacity, upon written notice
from JV the City will promptly either (i) make available to JV a portion of the Remaining
Capacity or (ii) make available the funds in the Segregated Account to design and construct
the Phase II Improvements upon the condition that JV will pay the amount, if any, by which
the actual Phase II Costs exceed the funds in such account (the "JV Funded Shortfall").
Sanitary Sewer Pro Rata Reimbursement Agreement
07095.0207:5627 3/23/95 5:54 PM
PAGE - 5
18.
Capacity_ for Development of the Remaining Property_. If development of the
Remaining Property requires capacity in the Initial Phase Lift Station that exceeds thc
Remaining Capacity then available, the City will promptly make available the funds in the
Segregated Account to design and construct the Phase II Improvements and, unless the City
elects to participate in the cost of such improvements (a "City Contribution"), the owner of
the property to be developed will pay the amount, if any, by which the actual Phase II Costs
exceed the funds in such account (the "Third Party_ Funded Shortfall"). The City will not
repay all or any part of a Third Party Funded Shortfall unless and until the Vista
Reimbursable and JV Reimbursable have been repaid in full.
19.
Acknowledgment of Benefit. Each of Vista and JV hereby acknowledges and agrees that
the Vista Property and the JV Property, respectively, will benefit from the design and
construction of the improvements described in this Agreement and that the amount of such
benefit substantially exceeds the Pro-Rata Charge that will be imposed upon their respective
properties. Each of Vista and JV hereby waives any requirement for an appraisal or other
evidence of such benefit to their respective properties.
20,
Future Owners Bound. Vista, JV, and the City intend that the benefits and burdens
created by this Agreement shall be a right appurtenant to all property within the Benefited
Area and that all current and future owners of such property shall be bound by the
provisions hereof. Each of Vista and JV agree that a copy of this Agreement will be
provided to any purchaser of all or any portion of the Vista Property or the JV Property,
respectively.
21,
Severability. If any provision of this Agreement is determined to unenforceable for any
reason, the remainder of this Agreement shall be reformed, to the maximum extent possible,
to reflect the overall intent of the parties.
22,
Attorney's Fees. If any party hereto to shall file suit to enforce this Agreement, the
prevailing party shall be entitled to recover all reasonable costs and expenses (including
attorney's fees and court costs) incurred in connection therewith.
23,
Authority_. Each party represents and warrants that it has the full authority to execute this
Agreement and perform and be bound by all the terms and conditions hereof. Each party
further represents and warrants that the individual executing this Agreement of its behalf
has the full power and authority to do so.
Notices. Any notice required or contemplated by this Agreement shall be in writing and
shall be deemed given (i) three business days after deposited in the United States Mail,
postage prepaid, Certified or Registered delivery, return receipt requested, (ii) when
received by fax or other form of electronic transmittal, or (iii) when delivered by
commercial delivery service with written evidence of receipt. Such notices shall be
addressed as follows:
Sanitary Sewer Pro Rata Reimbursement Agreement
07095.0207:5627 3/23/95 5:54 PM
PAGE - 6
IF TO VISTA: Vista Partners
Atto: F. Charles Emery II and Dennis Winzeler
5950 Berkshire Lane, Suite 400
Dallas, Texas 75225
Phone: 214/360-1526
Fax: 214/360-1507
IF TO JF:
Coppell 200 Joint Venture
Atto: Ron L. Fraze
101 W. Renner Road, Suite 170
Richardson, Texas 75082
Phone: 214/
Fax: 214/ -
25.
26.
IF TO CITY:
The City of Coppell, Texas
Attn: City Manager
P.O. Box 478
Coppell, Texas 75019
Phone: 214/462-0222
Fax: 214/ -
Total Agreement. This Agreement constitutes the entire agreement of the parties with
respect to the subject matter hereof and superseded all prior oral or written understandings
or agreements. This Agreement cannot be amended except by a written amendment signed
by all the parties hereto.
/~glltlhili~. The rights and obligations of the parties hereto may be assigned by the
parties without the consent of the other parties provided such assignments are in writing,
specifically set forth the rights and obligations being assigned, and bind the assignee to be
bound by this Agreement.
LIST OF EXHIBITS:
Exhibit "A" - Delineation of Benefited Area, Vista Property, JV Property, and Remaining
Property and location of Ultimate Lift Station and Ultimate Force Main.
Exhibit "B" -Estimated Phase I Costs
Exhibit "C" -Estimated Phase II Costs
Sanitary Sewer Pro Rata Reimbursement Agreement
07095.0207:5627 3/23/95 5:54 PM
PAGE - 7
THE CITY OF COPPELL? TEXAS
Title: /~/
Date:
/- !
VISTA PARTNERS
By:
By:
Vista Mortgage & Realty, Inc,
Managing General Partner
Title:
Date:
F. Charles Emery H
Executive Vice President
COPPELL 200 JOINT VENTURE
By:
Ron L. Fraze
Title: Managing Venturer
Date:
COPpELL 200 JOINT VENTURE
By:
Title: Venturer
By:
Title:
Date:
Sanitary Sewer Pro Rata Reimbursement Agreement
07095.0207:5627 3/23/95 5:54 PM
PAGE - 8
ACKNOWLEDGMENT
THE STATE OF TEXAS
COLrNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day personally appeared 7"0/'/ /q~te ~
Pl/7 ~/C,/Q of Coppell, Texas, a municipal corporation, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed, in the capacity therein stated and as
the act and deed of said municipal corporation.
GIVEN under my hand and seal of office this ~2.~ z--%ay of March, 1995.
July 15, 1998
Notary Public in and for
the State of Texas
My Commission Expires:
Sanitary Sewer Pro Rata Reimbursement Agreement
07095.0207:5627 3/23/95 5:54 PM
PAGE - 9
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day personally appeared F. Charles Emery
II, Executive Vice President of Vista Mortgage & Realty, Inc., Managing General Partner of Vista
Parmers, a Nevada general parmership, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed, in the capacity therein stated and as the act and deed of said
partnership.
GIVEN under my hand and seal of office this __
day of March, 1995.
Notary Public in and for
the State of Texas
My Commission Expires:
Sanitary Sewer Pro Rata Reimbursement Agreement
07095.0207:5627 3/23/95 5:54 PM
PAGE- 10
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day personally appeared Ron L Fraze,
Managing Venturer of Coppell 200 Joint Venture, a Texas joint venture, known to me to be the
person whose name is subscribed to the foregoing instnnnent, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, in the capacity therein
stated and as the act and deed of said joint venture.
GIVEN under my hand and seal of office this
day of March, 1995.
Notary Public in and for
the State of Texas
My Commission Expires:
Sanitary Sewer Pro Rata Reimbursement Agreement
07095.0207:5627 3/23/95 5:54 PM
PAGE - 11
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day personally appeared ,
of ., a venturer of Coppell 200 Joint Venture, a
Texas joint venture, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and consideration
therein expressed, in the capacity therein stated and as the act and deed of said joint venture.
GIVEN under my hand and seal of office this __
day of March, 1995.
Notary Public in and for
the State of Texas
My Commission Expires:
Sanitary Sewer Pro Rata Reimbursement Agreement
07095.0207:5627 3/23/95 5:54 PM
PAGE - 12
Exhibit "B"
135401D / 11
PRELIMINARY CONSTRUCTION COSTS
p R O J E C T NAME: VISTA RIDGE A C R E A G E: 0.00 NO. bOTS: 0
P H A S E: MAb-I~K UTILITIES C R E A T E D: 02-Mar-95 BY: RKF
C I T Y: COPPELL R E V I S E D: CHECKED: TC~
P R I N T E D: 17-Mar-95 REVISED:
F I L E N A M E: SANSWRA
........ APPROXIMATE UNIT TOTAL
DESCRIPTION UNIT QUANTITY PRICE AMOUNT
SANITARY SBW E R LIFT STAT I ON- P HAS E
i $150,000.00 $150,000.00
1.0 ~ LIFT STATION (700 GPM} LS
LS 1 $12,000. O0 $~, 0~.00
SITE WOrK ........................................................
.......... 2,400 $32.00 $76,800.00
12" D. I. FORCE MAIN LF
~ 500 $60.00 $30,000.00
BRIDf~CONNECTION ......................................................
............................ 120 $110.00 $13,200.00
MACART~K3R BLVDBORE (12") LF
LS 1 $5,000.00 $5,000.00
~ TO EXISTING LIFT STATION ...........................................................................
................................................. ~--- 2400 $0.25 $600.~
......................... LF 2400 $0.50 $1,200.00
S U B - T O T A L S A N I T A R Y S E # E R S Y S T g M $288,800.00
20% $57,760.~
BNGINE E R I NG AND CONTINGENCIES
TOTAL CONSTRUCTION COST
$346,560.00
I \ PRO,3ECTS \ Lk-ND~:,-'W% 1354 0 n)
CARTER & BURGESS, INC.
Exhibit "C"
135401D / 11
PRELIMINARY CONSTRUCTION COSTS
P R O J E C T N A M E: VISTA RIDGE A C R E A G E: 0.00 NO. LOTS: 0
P H A S E: MASTER UTILITIES C R E A T E D: 02-Mar-95 BY: RKF
C I T Y: COPPELL R E V I S E D: ~: TCE
F I L E N A M E: SANSWRA2 P R I N T E D: 17-Mar-95 REVISe):
........................... A F P R O X I M A T E U N I T T O T A L
DES CR I PT I ON UNIT QUANTITY PRICE AMOUNT
SANITARY SEWER LIFT STAT I ON- PHASE 2
..... 2 $35,000.00 $70,000.00
REPLAC~ ~ (2100 GPM) FA, ........
2G - i g2-A i ........ $7, oo.oo $7, oo.oo
LS I $5,000.00 SS, 000.00
STRUCTURAL MOOI FICATIONS =- .......................
SUB TOTAL SANITARY SEWER SYSTEM $82,500.00
E N G I N E E R I N G AN D C O N T I N G E N C I E S 20% $16,500.00
TOTAL CONSTRUCTION COST
$99,000. O0
CAR~ a BURGESS, INC. I \PROGEC~\~135401D