ST9601-CS 980304To: Pete Smith, City Attorney
Fax (214) 954-3334
From: Curt Snow, Interim Asst. Director of Public Works
RE: Wrangler Drive Project #ST 96-01
Date: March 4, 1998
As we discussed on the phone, Ken Griffin is copeseric with the Catellus Development Corporation about the attached agreement
with the one exception identified below. To proceed with Coppell's Wrangler Drive widening project we need to process this ROW
acquisition. Can you review the agreement, make the appropriate word changes necessary to reflect our interests and get it ready for
Jim Witt's signature.'?
Ken is satisfied with the language that pressures the City to follow through with its intentions. He just does not want the City bound
to completion on what CDC calls the "Outside Date."
! think the mark up below reflects our interests, but of course, you can make what ever changes necessary to clearly state our
interests on this issue.
"As a material inducement to CDC to execute and deliver the Deed to the City, the City,
by executing a counterpart of this letter herein below and returning such counterpart to
CDC, hereby acknowledges and agrees that (i) the City accepts the dedication of the
ROW Area, (ii) the City will be use all reasonable efforts to cause the completion of the
improvements on or before July 1,1999 (the "Outside Date"), (iii) if the construction of
the Improvements has not been completed started before the Outside Date, the City will
reconvey the ROW Area to CDC free and clear of all liens and encumbrances if CDC
requests the City to do so in writing at any time before the completion of the
Improvements, (iv) the City will be responsible for the maintenance of the ROW Area
from and after..."
Thank you for your help.
There response:
"As a material inducement to CDC to execute and deliver the Deed to the City, the City,
by executing a counterpart of this letter herein below and returning such counterpart to
CDC, hereby acknowledges and agrees that (i) the City accepts the dedication of the
ROW Area, (ii) the City will be use all reasonable efforts to cause the completion
construction of the improvements to begin on or before July 1,1999 (the "Outside Date"),
has o
(iii) if the construction of the Improvements not bee~d ~o~np~ot~o started before the
Outside Date, the City will reconvey the ROW Area to CDC free and clear of all liens
and encumbrances if CDC requests the City to do so in writing at any time before the
complotion of tho Improvements, (iv) the City will be responsible for the maintenance of
the ROW Area from and after..."
NICHOLS, JACKSON, DILLARD,
FIAGER & SMITH, L.L.P.
I800 ~NCOLN PLAZA
500 N, AKARD
DALLAS, TEXAS 75201
(~,14) 965-9900
(214) 965-0010 FAX
· FACSIMILE COVER SHEET
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February 4, 1998
Mr. K~rm~h M, Griffin; P.E.
Director of Engineering and Public Works
City of Coppell, Texas
PO Box 478
Coppell, T~x~s 75019
Deaf Mr. Cyriffin:
Enclos~ i~ an original Special Warranty D~i (the "Dood') pursuant to which Catelhs
Development Corporation CCDC") conveys to the City of Coppell, Texas (the "City"),
1.065 acre~ (46,a08 square feet) of right. of. way fvr a portion of proposed Wrangler Drive
(the right-of-way area conveyed by CDC to the City pursuant to the Deed is heroinafter
rcferre, d to as the "ROW Ar~a").
It is CDC's understanding that the City intends to cause the construction of Wrangler
Drive and related utiliW lnd other. improvements in the ROW Are~ (such items, the
"Improvements"). It further is CDC's und~tstandin$ that funds will be available from
Col~ell Gateway Public Improvcm~t Distri~ (the "PID") to pay CDC's pro rata share
of the costs of the Improvements.
As a material inducement to CDC to execute and deliver the Deed to the City, the City,
by executing a counterpart of this letter hereinbelow and returning such counterpart to
CDC, hereby acknowledges and agrees that (i) the City accepts ',he dedication of the
ROW Area, (ii) the City willaS, use all xeasonablc efforts to cause the~ex.y!stle.~.f the
Improvemc. naL,n or before ~Iuly 1, I~~i "Outside Date"), (iii) if the c0nsu'u~on of
the Improvements has not been befoxe the Outside Date, the City will
t~convey the ROW Area to CDC and clear of all liens and encumbrances if CDC
requests the City to do so in writing ..fi [:~ li .... hsfm, s the
=~ 'r..:~ sueaM, (iv) the City will be responsible for the maintenance of the ROW Area
from and attc~ the date of the Deed until such time (if ever) at the ROW Area is
reconveyed to CDC pursuant to the provisions of thc foregoing clause (iii), (v) the City
will be responsible for the repair, maintenarwc arid operation 0f the Improvgrnents
CATEi. L{JS DEVELOPMENT C~RPOR AT]Oh3
4545 Fuu.~ Dm,.l~. 5utn 100, lp, wNo. TEx,~s 75038 C972) 719-6101 FAX (972) 719-6149
97~ 3[D4 3547
Mr. Kenneth M. Griffin
Februa/y 4, 15~98
Page 2 of 2
l~om imd aRer the dale o[ the construction/installation of the ssarnc, and (vi) the City will
cooperate with CDC in tsking s31 actions necesssry to cnsurc that CDC's pro rata share of
the costs of the Improvements ~re paid by PID funds.
Sincerely,
Ted An~enucci
Vice President
Acknowledged and A~reed:
CITY OF COPPELL, TEXAS
By: _.
Nmnc:
Title:
MRR 04 '98 14:33 9?2 304
** TOTAL PAGE.03
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Pete Smith, City Attorney
Fax (214) 951 333!
From: Curt Snow, Interim Asst. Director of Public Works
RE: Wrangler Drive Project #ST 96-01
Date: March 4, 1998
As we discussed on the phone, Ken Griffin is copesetic with the Catellus Development
Corporation about the attached agreement with the one exception identified below. To
proceed with Coppell's Wrangler Drive widening project we need to process this ROW
acquisition. Can you review the agreement, make the appropriate word changes
necessary to reflect our interests and get it ready for Jim Witt's signature?
Ken is satisfied with the language that pressures the City to follow through with its
intentions. He just does not want the City bound to completion on what CDC calls the
"Outside Date."
I think the mark up below reflects our interests, but of course, you can make what ever
changes necessary to clearly state our interests on this issue.
"As a material inducement to CDC to execute and deliver the Deed to the City, the City,
by executing a counterpart of this letter herein below and returning such counterpart to
CDC, hereby acknowledges and agrees that (i) the City accepts the dedication of the
ROW Area, (ii) the City will be use all reasonable efforts to cause the completion of the
improvements on or before July 1,1999 (the "Outside Date"), (iii) if the construction of
the Improvements has not been completed started before the Outside Date, the City will
reconvey the ROW Area to CDC free and clear of all liens and encumbrances if CDC
requests the City to do so in writing at any time before the completion of the
Improvements, (iv) the City will be responsible for the maintenance of the ROW Area
from and after..."
Thank you for your help.