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ST9302-CN010829 (2)i T H 6 C I T Y O F ` AGENDA REQUEST FORM C~PPELL 3.~. ~ ~ ~ 5~ ~ r o F x ,, a a 4 CITY COUNCIL MEETING: September 26, 2000 ITEM # ITEM CAPTION: Consider approval of entering into a Development Agreement between the City of Coppell and the Pazk Place Homeowners Association for construction of irrigation systems, entrance walls and landscaping associated with the Sandy Lake Road construction project in an amount not to exceed $23,600; and authorizing the City Manager to sign. SUBMITTED BY: Kenneth M. GrifFin, P.E. TITLE: Director of Engineering/Public Works STAFF COMMENTS: See attached memo. ~~~~Q ,~ ~ P r~~ ' .,~ Y~`~. (/I~/ s~~`'"~ ~~- ~ `° r ~~ ~~~ ~- . ~ ~ ~'~ ,~; ~ , ~ ~s ~~ ~ ~ B. --P~9-~- ~~~---~ F: DIR. INITIALS: l~ FIN. REVIEW: Agenda Request Form -Revised 5/00 ~K ~~ +\-BID $ CITY MANAGER REVIEW: Document Name: #09263 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works Date: September 26, 2000 RE: Consider approval of entering into a Development Agreement between the City of Coppell and the Park Place Homeowners Association for construction of irrigation systems, entrance walls and landscaping associated with the Sandy Lake Road construction project in an amount not to exceed $23,600; and authorizing the City Manager to sign. For some time now I have been meeting with representatives of various Homeowners Associations along Sandy Lake Road concerning landscaping and irrigation systems. The construction of Sandy Lake Road was set up as a multi-phase project with the future phase being landscaping, irrigation, etc. However, the duration of the project and the need to reestablish landscaping behind the back of the curb necessitates that the City repair irrigation systems now. The systems are generally in areas that were being maintained by Homeowners Associations prior to the construction of Sandy Lake Road. Most of the damage to the irrigation systems is along the north side of the roadway. Shifting the roadway to the north created situations where large sections of existing irrigation systems had to be removed to allow for the construction of the street, sidewalk and some of the walls along the north side. To reestablish the irrigation systems in many cases requires that parallel main lines be installed to irrigate the portion of the parkway between the sidewalk and the back of the curb and the portion of the parkway between the sidewalk and the existing screening walls. Our goal was to contract with irrigation firms to repair the damaged irrigation systems. However, because of several other issues associated with the Park Place subdivision, that Homeowners Association has approached the City about taking over all aspects of the work. This includes repairing the irrigation system, replacing the landscaping and rebuilding the entry walls. With the construction of Sandy Lake Road, two entry walls were removed, one at Woodcrest and one at Allencrest. Our construction plans providing for our contractor to reinstall two entry walls. However, the entry walls proposed by the plans to be reinstalled do not have a safety component but are only a replacement of what was existing prior to construction. Because of the proximity of the road to the houses along the north side, the Homeowners Association has requested that we provide more of a safety feature with the entry walls. Because it has been requested that the design of the entry walls change, we have instructed our contractor, 1?d Bell Construction Company, to not reinstall those entry walls while we determine whether or not an agreement can be reached between the City and the Park Place Homeowners Association. The Homeowners Association has designed an entry wall that incorporates a safety feature. As can be seen on the attached details, approximately one-foot "CITY OF COPPELL ENGINEERING -EXCELLENCE BY DESIGN" above natural ground elevation, the wall is being constructed with solid concrete between the brick veneer. This design does afford some additional safety to the corners; however, it is outside the original scope of reconstructing the two entry walls. The components of the Development Agreement between the City of Coppell and the Park Place Homeowners Association is for the construction of an irrigation system along Sandy Lake Road adjacent to the Park Place subdivision (a distance of approximately 660 feet), the reconstruction of safety entry walls at the four comers of Sandy Lake with Allencrest and Woodcrest, the replacement of landscaping that was removed at these four corners, the maintenance associated with the start up of the landscaping replacement and various contractor/project management fees and contingencies. The Homeowners Association designed the entry walls and has contacted various vendors to obtain costs. The Homeowners Association has estimated that the overall cost to complete the above mentioned items is approximately $40,000. Of that amount, the Homeowners Association is requesting that the City of Coppell participate in an amount of $23,600. In essence our participation covers the irrigation along Sandy Lake Road, two of the four entry walls, a portion of the landscaping at the four corners, and a portion of the maintenance associated with the start up of the landscaping replacement. The City has already contracted with companies to reconstruct irrigation systems adjacent to Pecan Ridge and a portion of Ashton Ridge. We are still attempting to obtain cost information to reconstruct the irrigation systems associated with Chaucer Estates. We are also looking at the irrigation associated with Fountain Park and several other areas along Sandy Lake Road. Because the Park Place Homeowners Association desired to design the entry walls and add two additional entry walls and provide other amenities associated with the entrance they requested the opportunity to be in control of all aspects of the parkway associated with their frontage on Sandy Lake Road. Therefore, the mechanism available to the City to allow this to happen is a Development Agreement. Staff offers no objections to the Development Agreement and will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING -EXCELLENCE BY DESIGN" . a~ STATE OF TEXAS § § DEVELOPMENT AGREEMENT ~ S g ~ ~ G, ~ COUNTY OF DALLAS § lvaliat 2919999 (21.40 Deed This AGREEMENT for the construction and/or reconstruction of public right-of--way improvements is made by and between the City of Coppell, Texas, a Home Rule City (the "CITY"), and Park Place Coppell Association ("HOA"): RECITALS WHEREAS, the CITY improved, expanded and reconstructed Sandy Lake Road from MacArthur to Denton Tap within the corporate city limits of the City of Coppell; and WHEREAS, said improvements, expansion and reconstruction to the north side of the road resulted in the destruction of the entryways and landscaping of the HOA; and WHEREAS, the HOA desires to reconstruct entry walls and landscaping as depicted in Exhibit "A" which is attached hereto and incorporated herein by reference; and WHEREAS, it is in the City's benefit to allow the reconstruction of the landscaping and irrigation associated with such project; WHEREAS, the CITY desires to contribute funds for the reconstruction of said project; NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: 1. HOA agrees to perform the following construction and/or reconstruction: a. Complete installation of the irrigation/sprinkler system on Sandy Lake Road adjacent to the Park Place subdivision; Development Agreement - Page 1 35699 ~~~~~~% i ~ 0 0 ~~ C 3 b. Design and reconstruct entry walls at all four corners of Sandy Lake Road and Allencrest Lane and Woodcrest Lane, including labor and material; c. Replacement of landscaping, including plants, shrubs, soil, edging and labor, for all four corners of Sandy Lake Road and Allencrest Lane and Woodcrest Lane, except as may be explicitly provided herein; d. All maintenance and security associated with the start-up of the landscaping replacement; 2 . The CITY shall contribute to the HOA an amount not to exceed Twenty-three Thousand, Six Hundred Dollars ($23,600.00). 3. In addition to the obligations provided herein, CITY, by and through its contractor for said project, shall provide the hydromulch for the landscaping as specified in 1(c) above. 4. HOA agrees to assume responsibility and maintenance of all work performed under the terms of this Agreement. 5. That all costs related to Contractor/Project management and contingencies shall be borne by the HOA. 6. This AGREEMENT shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. This AGREEMENT may be assigned with the consent of the CITY which consent shall not be unreasonably withheld, conditioned or delayed. 7. In the event any section, subsection, paragraph, sentence, phrase or word herein shall, for any reason be held invalid, illegal, unenforceable or unconstitutional in any respect, such invalidity, illegality, unenforceability or unconstitutionality shall not effect any other provision and the balance of this AGREEMENT shall be enforceable and shall be enforced as if the parties Development Agreement - Page 35699 Z~~~ i I ~: ~~ ~ t12 ~~ intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word as if the portion had never been contained therein. 8. The validity of this AGREEMENT and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in State District Court of Dallas County, Texas. 9. 'This AGREEMENT embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to the matters in this AGREEMENT, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this AGREEMENT. 10. The determinations recited and declared in the preambles to this AGREEMENT are hereby incorporated herein as part of this AGREEMENT. 11. All exhibits to this AGREEMENT are incorporated herein by reference for all purposes wherever reference is made to the same. 12. HOA does hereby release, indemnify and hold harmless the CITY, its officers, agents, employees, and third party representatives (collectively referred to as "Coppell") from any and all claims, damages, causes of action of any kind whatsoever, statutory or otherwise, personal injury (including death), property damage and lawsuits and judgments, including court cost, expenses and attorney's fees, and all other expenses that the HOA has, or might have, known, or unknown, now existing or that might arise hereafter, directly or indirectly; in connection therewith. Development Agreement - Page 3 35699 L.iVI ?`'r' 1 ~ ~JSZ'J EXECUTED in duplicate originals this the ~=day of , 2001. CITY OF COPPELL, By: JIM ~~1"F, CITY MANAGER PARK PLACE COPPELL ASSOCIATION By: TOM O'BRIEN, TREASUREIQ ATTEST: By. t LIBBY BAL , CITY SEC ARY ~~ By: HIMANS PATEL, DIRECTOR at LARGE By: GE ,VICE PRESIDENT ROBERT HAGER, f~TY ATTORNEY Development Agreement - Page 4 35699 ~ Lr ..~~~ JtJ CITY MANAGER'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the-d-day o , 2001 by Jim Witt, City Manager of the City of Coppell, Texas, a municipal corporation, on behalf of said corporation. otary lic, State of Texas My Commission Expires: Development Agreement - Page 5 35699 ~~~Iij': 0~~27 CORPORATE ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the ~ day of , 2001 by Tom O'Brien ,Treasurer of Park Place Congell Association, on behalf of s d association. My Commission Expires: STATE OF TEXAS COUNTY OF DALLAS otary Public, of Texas I~;;~`'wY JOANN '' ;,= ROGERS ;y;~;_ M'r COMMISSION EXPIRES ~, ••-~ ~ ~,'•~'' March 6, 2002 This instrument was acknowledged before me on the ~ day Himanshu Patel , association. otary Public, S~~e of Texas My Commission Expires: 3~(~ -oY Development Agreement - Page 6 ~I I ~'~'°'~•:- JOANN ROGERS It "~:" SAY COMMISSION EXPIRES t` ~•',~~;~; ;s±'~ March B, 2002 2001 by on behalf of said 35699 -~-.-~~: Ob~'28 CORPORATE ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the (..0 day of L:21' , 2001 by Jerry Jacob ,Vice President of Park Place Connell Association, on behalf of said association. otary Public, e of Texas My Commission Expires: 3 -6 -~ y , :~'~' JOANN ROGERS `'~ "' ?AV COMMISSION EXPIP.ES ~'.~;;'.~ .+,..~~ March 6, 2002 ,, y;;~ 's ~; ~ ;;~^'. Development Agreement - Page 7 35699 ~:..~ ~ I.JOJ~ J v ..~ ~..,,,,, ! .ms.+ ryry~~Tt tt ~~(( Q!~ ! dny provision herein which restricts the sale, rental, or use Of tM 2UU1 if~~'~ ~ f i I 1 ~,, { S described real DrorerYJ because of color cr rac: is invalid and unenforoeable under fed~r~l law. STAT= OF TtXinS COU'tTY OF OAW1S 1 hereby certify this rostrument was ti!e^. on the data and lira .i`~{r yj,•LLQE,,, ('~ Sptamped hereon 17y ma snC was Cuig ;eccrdad in tba vOSumO and '{ ~ ~ ~ I\ ~ hereon f by me. med reccr3s ct Dalias County, texas as stamped Nov x 2001 JNTY pr <!~y J U COUNT( CLERK fla!!as Courrty, Texas +~ ~'Tf or,~ ~~~~~ , `~ `Z ;; • CltY OF COPPEtt - '• Z55 PARKWAY 8LV0 ~~ - `* ``_ ~ P O 8OX d78 COPPERp, TX 75019 ~'`' ~~± ~`~'- 1au~ia ~vck ~ G Z ~ J ` ~, p ~ _ _ ,Y Q m ~ dda~~~`SSS1111 U ~ W X LL 3 ~ \ ~`' ~ ~ `~ ~ z o ~ -~~ a } a M ~Q o ~ N W ~ ~ x i ~; ~ w w w v ~ ~ - _ ~ (~~ fig ~ ~ ~ w J ~ ->~ ~ ~ l VVV..., ~ \~ 1- M ~ __.__ -__- Z ~ ~ oN ` a _ ~o ~--- J-- o~ ~ a ~ ~ -; aZ O W W o ~- ;. Q 4 O w w } W LL~ r a W z o o (~ p W m ~ ~ cn ~ ~ W ~ ~* .: ~- W Z Q O w ~ z~ U1 ~ ~:~ CC ~ ~ ~ ~ ~ ~ ~ ~! ¢ ~ ~ D ~ O d ~ ~ - - _ _ _-- ~ '` R ;' r `~.. ~; 08/27/00 10:02 FAX 817 461 1884 CLEARVIEW INVESTMENTS ~~ ® A ~ Lipscomb Development Company • xlrni. lEsirn~re nevEwz~rrr ~ >uvvESr>raenrr• 2000 E. Lamar Blvd., Suite 155 • Arlington, Texas 76006 (817)469-6545 • Fax (817)461-1884 FaX =o; Ken Griffin Prom: John Maggiore l"~ool Compar+y: City of Coppell pages: Z (including cover} Pax 972.304.3570 Date: 03/27/00 phone: 972.304.3679 Re: park place HOA ~ Urgent X For Re~rlew ^ Plaase Comment ^ Please Reply ^ Please Recycle • Comments: Ken: Here are the notes from the Landscaping Committee meeting last week. Call me if you have any questions. i am assuming that we are still meeting tonight at 6:00 p.m. at the second floor conference room at City Hail. Let me know quickly if this is not right. Thanks for your help on this matter. ~' 0"3127/00 10:03 FAX 817 461 1884 CLEARVIEW INVESTMENTS ~/zo/~~ 1~j002 Meeting Minutes from the Landscape Committee Park Place Home Owners Association March 20, 2000 The Landscape Committee (LC) met on March 20, 2000 to discuss the needs and desires in the rebuilding of the entry features due to the construction of Sandy Lake Road. It was the consensus that the Park Place subdivision was effected more than any other neighborhood because of its adjacency and closeness to the roadway. Additionally, it is the opinion of the LC that the trees and landscaping removed to construct the roadway should be considered in the City's participation in the rebuilding of the entry features. The Landscape Committee agreed upon the following criteria for the rebuilding of a!I the entry features for the Park Place Subdivision: The LC requests that URG (the City`s Landscape Architect) prepare a series of design sketches for all entry points (i.e. Allencrest, Woodcrest, Park Valley and Suzanne Way. 2. Also for consistency and the possibility of lower construction cost, it is requested that URG provide the designs for the entry paints at Suzanne Way and Park Valley including the design sketches for awood-to-brick wall replacement along the east side of Heartz. 3. The entry features should be a wall/landscaping combination with the following design details: ' Safety against high-speed, on-coming automobiles ~' Raised planters as is typical within Coppell ~~~~ ? Z ' Tiered design or "step down" appearance ~';~ -~ ' Material shall be brick, stone andlor wrought iron (brick to match existing wall)- ' All walls should be lighted {i.e.. both sides of the street) ~~"'^"-~ '~^^ ti ~~~ ' The "Park Place" ID should be engraved letters and externally lighted)- ^~ 4 : ~~ -~ Landscape material to be as mature as neighborhood itself ' Each entry feature to have electrical services and externally-rated power outlets ~ Trees are to be incorporated in the design versus the ever-present crepe myrtle 4. URG will also provide cost estimates for all entry feature designs so that decisions can be made as to whether or not to include the construction of the features not effected by Sandy Lake Road construction. ,5! As an additional issue, the LC committee would like to know if the median opening at Woodcrest could be eliminated to minimize the cut-through traffic from Sandy Lake to Pecan Valley. The next meeting with the City Staff is scheduled for March 27, 2000 at f:00 p.m. at City Hall in the second floor conference room. ,Ken Griffin -Park Place HOA - Msg from HP Patel Page 1 From: Himanshu Patel <hp_netgain@yahoo.com> To: City_of Coppell.Town_Center(kgriffin) Date: Fri, Jul 27, 2001 12:18 PM Subject: Park Place HOA - Msg from HP Patel Dear Ken, Pursuant to our discussion yesterday regarding the agreement, we, the directors of Park Place Home owners assoc. like to request few other changes. 1. the legal name of our association is "Park Place Coppell Association" 2. per our bylaws, we'd like to have 3 (out of 5) directors sign the agreement. The names of our signatures are: Tom O'Brien, Treasurer Himanshu Patel, Director-at-Large Gerry Jacob, Vice President I hope this is not a problem for you. Once again, thank you very much for your efforts, advise and cooperation. Please contact me if you need more information. -- HP Patel {Tel: 972.304.5443 at 235 Park Valley Dr.) --------------------------------- Do You Yahoo!? Make international calls for as low as $.04/minute with Yahoo! Messenger http://phonecard.yahoo.com/ i• ~ Kimley-Horn ~ and Associa Transmittal tes, InC. 2700 Park Central Drive Suite 1800 Dallas, Texas 75251 TEL 972 7701300 FAX 972 239 3820 Mr. Ken Griffin Date: 04/07/00 City of Coppell, Engineering Phone: 972-304-3679 255 Parkway Boulevard Fax #: Coppell, TX 75019 From: Shelly Doggett Project #: RE: Park Place Homeowners Items: 1. Graphics for Park Place corner treatment. Comments: Ken, Lee asked me to send you these graphics today. They are pretty basic, but I think it will give the homeowners some idea of what they can do. As far as details and materials, they pan add things to it or build it out of whatever they want. I don't really think there's much room for variation as far as the layout since the existing wall goes so far past the back line of the landscape easement. Also, it's not indicated in the drawings, but they could light up the sign with pretty simple landscape lights shining up from below the sign. They also may want to use lights for the landscape, I think that can be done pretty simply. Please call me if you have any questions. ~ ~~ ~~ ~~ ~( ~1 ~J ;~ Signed: Copies To: If enclosures are not as noted, kindly notify us at once. .._..-~- ~' ~ --'"~ ~'",~ ~ ----- ~ ~ ~ ..~ ~~ ~ ~ ~ .~ ~~ ~ ~ ~ ~ ~ \* ~ ~ ~~ ~...~ ~ ~ s ~., ~ '~ / ~ ~~ -.~ r ~. ~.. ` 4--- ~ ;~.~ ~ ~ ~ ~ •. , . ~. ~. . ;~ _.. .. F ~~~ ~ I . `~ ~ ~ w ' i` ~f ti 4 `, r . . r~ . / __ 3 if~..'~ , ~~ ,. ~ '~,., `~ ..~ ~ .' ~~ . .~ ~ 'i ~~~ . . "3~:°'y 'r~~-~~' ~::.Y;4 q _ ~ '..£~ ~'_ > ~' ~ ` From the desk of... Ken Griffn, P.E. Director of Engineering & Public Works "Gig 'em Aggies" Date: ~ Initiated by: ' --_ ~_~l.-- _ a'......_ ................._._...._ ~L ~~ , ,=~ l'~_=~. ;.~ 0. c.c ,ra...,-~~-a.6o etc , __ _-- - - _.__.. i .T. .. _._... ..,.__ ._._._... _.___. _. , _ ---- ff ___~______ City of Coppell P.O. Box 478 Coppell, Texas 75019 (972)304-3679 / (Metro 972-471-2251) PARK PLACE Home Owners Association Coppell, TX 75019 To: Mr. Kenneth Griffin, Director of Engineering & Public Works, City of Coppell, Coppell, TX 75019 Aug. 8, 2000 Subiect: Reconstruction of Sandy Lake Road and Entrv Wall for Park Place HOA BACKGROUND: As we know that due to the changed plans by the city for the expansion of Sandy Lake Road to the north side of the road, the Park Place HOA's entryways and landscaping were destroyed for the purpose of reconstruction of Sandy Lake Road. As per our last meeting and following your guidance, we have prepared a plan and preliminary estimates to reconstruct the safety barrier wall & landscaping north of Sandy Lake Road and Woodcrest Lane, and Allencrest Lane. (For site/plan information, please refer to the city's Streetscape Plans SS-5 and SS-6; and our architect's safety barrier walls design -attached) The above reconstruction project has the following major components: 1. Sandy Lake Road Irrigation /Sprinkler system 2. Reconstruction of Safety Barrier /Entry Walls 3. Replacement of Landscaping -Land filling 4. Maintenance associated with start-up of landscaping replacement 5. Contractor/Project management 8~ Contingencies We have also obtained estimates for the City's `Streetscape' plans for the north side of Sandy Lake Road bordering our subdivision. Please note that this is part of the City's planned `Streetscape' for Sandy Lake Road. 6. Installation of City's Streetscape for Sandy Lake Road (SS-5 & SS-6) Please see the next page preliminary cost estimates for the reconstruction project. As soon as the city approves the budget, we will initiate the construction work. Our homeowners are overly anxious to have this completed at the earliest. Please provide us further guidance and approve our plans. Sincerely, For PARK PLACE HOA CC: Mr. Greg Garcia Hp/Park Place HOA/City of Coppell 08/08/00 PARK PLACE Home Owners Association Coppell, TX 75019 Preliminary estimates for Reconstruction Sandy Lake Road and Woodcrest Lane, and Allencrest Lane, and along Park Place HOA's border. Item No. Description of Project Estimated Costs ($) Notes Sandy Lake Road Irrigation /Sprinkler System. /~ " 1 • Complete Installation including material and $6,170 -~ labor Reconstruction of Safety Barrier /Entry Walls at all four corners of Sandy Lake Road and Allencrest 2 Lane, and Woodcrest Lane. $18,300 • Design, construction of foundation and walls; ~~ I ~ includes labor and material Replacement of Landscaping for all four corners of Sandy Lake Road and Allencrest Lane, and 3 Woodcrest Lane. $9,000 • Includes plants, shrubs, soil, and edging and labor 4 Maintenance associated with Start-up of $2 000 Landscaping Replacement. 5 Contractor/Project management fees & $3,900 Contingencies TOTAL for Reconstruction 39 370 Installation of City's Streetscape for Sandy Lake Estimate for 65 gal. Trees Road (SS-5 & SS-6) g • As per the City s specification, complete $15,940 Is the spec. 65 Gal or 10'- installation including material (soil, turf, trees) and 12, ? labor ~~~ ~~- C~col?~ ~L7 ~6 ~~ ~~S C~~ HplPark Place HOA/City of Coppell 08/08/00 (~ f ~ ~J `~" _a -~ r~ ~ ~ ~~d~ ~~ 3 eo p I c l~ ~~ ,,,~ ~~~ 2