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St Joseph-CN011220 (3)REAL PROPERTY EXCHANGE AND DEVELOPMENT AGREEMENT This Real Property Exchange and Development Agreement (this "Agreement") is made by and between the City of Coppell, Texas, a Home Rule municipality (hereinafter "City"), and St. Joseph Village, Inc., a Texas nonprofit Corporation (hereinafter, "St. Joseph"). WHEREAS, the City owns fee simple title to the tract of land described upon Exhibit "A" attached hereto and made a part hereof (the "City Property"); and WHEREAS, St. Joseph owns fee simple title to the tract of land described upon Exhibit "B" attached hereto and made of part hereof (the "St. Joseph Property"); and WHEREAS, the City desires to acquire ownership to the St. Joseph Property in order to develop a water storage facility as well as potential open space and greenbelt areas within the City concerning the Project (defined below); and WHEREAS, St. Joseph desires to acquire ownership of the City Property to enhance the development of its property adjoining the City Property, including the potential development of a multi-unit, senior citizens community (the "Project"); and WHEREAS, the City and St. Joseph desire after the Closing (herein defined) to cause the construction of Starleaf Street and a force main as described herein and they agree that the same is in the best interest of both the City and St. Joseph to develop their respective tracts of land. NOW THEREFORE, in consideration of the recitals set forth herein and good and other valuable consideration, the sufficiency, and receipt of which is hereby acknowledged, the parties, upon and subject to the terms and conditions set forth herein, agree as follows: I. EXCHANGE OF LAND A. St. Joseph agrees at the Closing to exchange and convey the St. Joseph Property to and for the benefit of the City. B. The City agrees at the Closing to exchange and convey the City Property to and for the benefit of St. Joseph, and at the same time the City shall pay to St. Joseph the amount of Eighty Thousand Dollars ($80,000.00). C. Each party hereto for the property which it owns shall furnish the other within five (5) business days from the date hereof, either a commitment for title insurance, or a complete merchantable abstract of title showing good and sufficient fee simple title as of the date of this Agreement in the City for the City Property and in St. Joseph for the St. Joseph Property. D. Within five (5) business days after receiving such abstract or comn~tment, the party receiving the same shall deliver to the other party a memorandum in writing, signed by him 645459.5/SP3/70732/0101/122001 I or his attorneys, specifying in detail the objections to the title, if any, of the property which it will be receiving; or if none, then stating in substance that the same is satisfactory. E. If a party makes the written objections, as aforesaid, to the title to the property which it will be receiving, then if such defects are not cured within ten days after such notice thereof, this Agreement shall at the election of the party delivering such objections become absolutely null and void; notice of the exercise of such election shall be given to the other party; but the party delivering such objections may nevertheless elect to waive such objections and take such title as it then is. If each party who has made written objections to title to the property which it will be receiving has waived such objections, as aforesaid, or such objections have been timely cured, as aforesaid, then the Closing hereunder shall take place as set forth in Paragraph II.F below. But if such objections are not timely cured as to either property and are not timely waived by the party making the same, then this Agreement shall become absolutely null and void. F. The Closing, herein so-called, shall take place on the thirtieth day after this Agreement is last signed by City or St. Joseph. The Closing shall take place at the office of City Manager of the City of Coppell, 255 Parkway Boulevard, Coppell, Texas 75019. At closing the City will convey the City Property to St. Joseph, and St. Joseph will convey the St. Joseph Property to the City. Such conveyances will be by special warranty deed and subject to those matters affecting title as contemplated by Paragraphs I.C through I.E hereof. Also at the Closing, the City will pay $80,000 in immediately available funds to St. Joseph and each party shall execute and deliver such other documents as may reasonably be required by the other party including evidence of appropriate authorizations of the subject transactions. II. DEVELOPMENT OF STARLEAF DRIVE A. The City and St. Joseph hereby further agree to jointly undertake promptly after Loan Closing (as herein defined), or at such earlier time as St. Joseph shall determine, the immediate development and construction of the following public improvements within the rights of way therefor as set forth upon the Approved Plat (as herein defined): (i) construction of Starleaf Street as set forth in Exhibit "C", which is attached hereto and incorporated herein by reference, and (ii) construction of a force main on the west side of the Project site as set forth in Exhibit "D", which is attached hereto and incorporated herein by reference. B. The City shall pay the costs of such construction of the public improvements described in Exhibits "C" and "D" and St. Joseph, subject to Loan Closing, or at such earlier time as St. Joseph shall determine, shall cause such public improvements to be constructed as provided herein. The City's costs for the construction of all the public improvements set forth in paragraph II.A described above and supported by Exhibits "C" and "D" is $433,867 which it will pay to St. Joseph. Such amount shall be due and payable in full upon completion of such public improvements as the same shall be evidenced by a certificate of substantial completion issued by St. Joseph's architect. C. Promptly after the Loan Closing, or at such earlier time as St. Joseph determines, St. Joseph shall cause, at the expense of the City, the demolition of the water tank and 645459.5/SP3/70732/0101/122001 2 appurtenances on the City Property and the raising by compacted fill of the City Property to ground level. Such work will be performed in accordance with the outline thereof in Exhibit "C- 1" attached hereto and made a part hereof. The cost of such work is $135,795 which shall be due and payable by the City to St. Joseph in full upon completion of such work as the same shall be evidenced by a certificate of substantial completion issued by St. Joseph's architect. D. All improvements for the construction of Starleaf Street and the force main, shall conform to and be in compliance with the ordinances and regulations for public improvements as adopted by the City. By execution hereof, the City agrees that the plans and specification for such public improvements as set forth in Exhibits "C" and "D" comply with such ordinances and regulations. E. For purposes hereof, the "Loan Closing" shall mean the loan from a third party lender to St. Joseph for the development and construction of the Phase I of the Project. F. The City has approved a final plat of, among other property, the City Property and the property upon which the Project shall be located. Such final plat includes, among other things, the rights of way for Starleaf Street and the force main upon the property owned by City and St. Joseph. Such final plat is attached hereto as Exhibit "E" and incorporated herein by reference. At such time as such plat is duly signed by all required persons and recorded among the Real Property Records of Dallas County, Texas, the same shall be the "Approved Plat" herein. III. DEVELOPMENT AND IMPACT FEES A. Further consideration for fees related to construction of Starleaf Street, for the portion described heroin and the connecting portion to be constructed by St. Joseph at its cost, and as road impact fees shall be deemed as paid in full. B. Any and all other development and impact fees, exclusive of park dedication fee as provided in Section IV herein, required to be paid by St. Joseph, as set forth by the Code of Ordinances of the City including but not limited to water and sewer shall be paid in full by St. Joseph. IV. PARKLAND DEDICATION A. The City and St. Joseph hereby further agree to the future development of greenbelt and open space; and, hereby have agreed to the payment of park dedication fees and dedication of land, in lieu of fees, as provided in the minutes of a duly convened City Council meeting on or about the 10th day of July, 2001, a copy of which is attached hereto and incorporated herein by reference, as Exhibits "F(1)" and "F(2)". V. NOTICE A. The notices required to be given by the terms of this agreement shall in all cases be construed to mean notices in writing, signed by or on behalf of the party giving the same, and 645459.5/SP3/70732/0101/122001 3 the same may be served either upon the other party or his agent at the address set forth opposite the signature of the party and shall in all instances be deemed served when delivered. VI. TIME OF THE ESSENCE A. Time is declared to be of the essence of this agreement, and of ail the conditions hereof. VII. COMPLETE AGREEMENT A. 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 or amended without written agreement of the parties to be attached to and made a part of this Agreement. VIII. CONFLICT OF LAWS AND VENUE A. 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 the State District Court of Dallas County, Texas. SIGNED thi~t~ day of~r~v'"~' f, 2001. CITY OF COPPELL, TEXAS By: ~ ~ WlTT, CITY MANAGER 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ' ! ~CiTY SECRETARY 645459.5/SP3/70732/0101/122001 4 SIGNEDthis ,2o dayof ~:> e_ e..- ,2001. ~ S~E PH~ VILLAGE, ~'"~ JOSEPH DINGMAN, VICE PRESIDENT .80 Samuel Boulevard Coppell, Texas 75019 645459.5/$P3/70732/0101/122001 5 CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the 4~_~day of _~.~, 2001, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. My Commission Expires: ST. JOSEPH'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the ~ day of _.l~a~.~, 2001, by Joseph Dingman, Vice President of St. Joseph Village, Inc., on behalf of said corporation. Notary Publid~ State o~Jrekas My Cormmssion expires: NOTARY PUBLIC STATE OF TEXAS My Comm. Exp. 03-18-2004 ~45459.5/SP3/70732/0101/122001 6 Exhibit List Exhibit A - Description of City Property Exhibit B - Description of St. Joseph Property Exhibit C - Description of Starleaf Street Work Exhibit C-1 - Description of Water Tank Demolition Work Exhibit D - Description of Force Main Work Exhibit E - Final Plat Exhibit F(1) and F(2) - City Council Minutes Exhibit A Description of City Property FIELD NOTE DESCRIPTION BEING a 2.050 acre tract of land situated in the David Meyers Survey, Abstract Number 886, in the City of Coppell, Dallas Count, y, Texas and being all of o 2.05 acre tract of land according to the deed recorded in Volume 73113, Page 831 of the Deed Records of Dallas County, Texas (DRDCT) and being more porflculody described os follows: BEGINNING at a 5/8 inch iron rod set for the most eestedy corner of said 2.05 acre tract of land and being located in the southwesterly right-of-way llne of Sandy Lake Road (o 80 feet wide right-of-way); THENCE deporting the southwesterly right-of-way llne of said Sandy Lake Rood SOUTH 29'13'04' WEST o distance of 300.20 feet to o I/2 inch iron rod found for the most southerly comer of said 2.05 acre tract of land; THENCE NORTH 53'31'58' WEST a distance of 299.91 feet to o 5/8 inch iran rod set for the mnos~ westerly corner of said 2.05 acre tract of land; THENCE NORTH 29'10'59" FAST a distance of 300.05 feet to a 5/8 inch iran rod found for the most northerly corner of said 2.05 acrs tract of land and being located in the southwesterly right- of-way line of said Sandy Lake Rood; THENCE along the southwesterly rlght.-of-woy line of said Sandy Lake Rood sOUTH 53'33'55" FAST o distance of 300.07 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 2.050 acrss or 89,315 square feet of land, more or less, all according to that survey prepared ,by, Ku.rfz_ --. Bedfo~..and~ Associates, Inc., doted February, 2001 and signed by Austin J. Bedford, Regis[erea ~,roressionm ~ano Surveyor No. 4132; to which reference for oil purposes is hereby made. Exhibit B Description of St. Joseph Property FIELD NOTE DESCRIPTION BEING a 4.724 acre tract of land situated in the David Meyers Survey, Abstract Number 886, in the City of Coppell, Dallas County, Texas and being a portion of a 34.6054 acre tract of land according to the deed recorded in Volume 93071, Page 161 of the Deed Records of Dallas County, Texas (DRDCT) and being more particularly described os follows: BEGINNING at o 5/8 inch iron rod set for the most southerly comer of said 4.724 acre tract of land; THENCE along the westerly line of said 34.6054 acre tract of land NORTH 00'07'27' EAST o distance of 984. 18 feet to a 5/8 inch iron rod set for comer;, THENCE deporting the westerly line of said 34.6054 acre tract of land SOUTH 60'46'56' EAST a distance of 478.54 feet to a 5/8 inch iron rod set for corner located in the southeasterly line of said 34.6054 acre tract of land; THENCE along the southeasterly line of said 34.6054 acre tract of land SOUTH 29'13'04' WEST a distance of 860.00 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 4.724 acres or 205,774 square feet of land, more or le~, oil according to that suryey prepared by Kurtz - Bedford and As~ociatss, Inc., doted February, 2001 and signed by Austin g. Bedford, Registered Professional Land Surveyor No. 4132; to which reference for all purposes is hereby mode. Star Leaf Road Improvements from Sta 0-65 to 4+20 Exhibit C City of Coppell Scope of Work-Prepare for and install concrete road in accordance with St. Joseph Village Plans dated April 25, 2001 by Aguirre Corporation, Page C6.1, Section A. Unit Price UM Subtotal OHP 8.1% Street Construction Grading 1,976 cy 2.50 cy $ 4,940 $ 400 Fill 1,976 cy 6.00 cy $ 11,856 $ 960 6% 6" lime Stabilization 1,540 sy 3.40 sy $ 5,236 $ 424 8" Concrete Paving 1,778 sy 24.00 sy $ 42,680 $ 3,457 6" Monolithic curbs 485 sf 6.82 If $ 3,308 $ 268 4" City Sidewalks 1,680 sf 4.50 sf $ 7,560 $ 612 Waterline (Drwg 6.1) 12" Waterline 450 If 40.00 If $ 18,000 $ 1,458 6" waterline (hydrant) 30 If 16.50 ea $ 495 $ 40 12" x 6" Tee 1 ea 925.00 ea $ 925 $ 75 6" Gate Valve 1 ea 1,175.00 ea $ 1,175 $ 95 Fire Hydrant 1 ea 300.00 ea $ 300 $ 24 Sanitary Storm Sewer (Drwg C8.2) 18'crossfeed at Sta 3+00 18" inlets at Sta 3+00 33 If 61.00 If $ 2,013.00 $ 163 2 ea 2,100.00 ea $ 4,200.00 $ 340 Subtotal Subcontractor Bond Total GCs (Superintendent * 1 weeks) Building Permit Casualty Insurance Builder's Risk Insurance Payment and Performance Bond General ContractoCs Fee 0.7908% 0.07% NIC 4.0% Subtotal Total Coppell*Road City ParLxls Page 1 of 2 Exhibit C Line Total $ 5,340 $ 12,816 $ 5,660 $ 46,137 $ 3,576 $ 8,172 $ 19,458 $ 535 $ 1,000 $ 1,270 $ 324 $ 2,176 $ 4,540 $ 111,005 $ 2,825 $ 113,830 $ 2,000 $ 963 $ 85 $ 116,878 $ 4,870 $ 121,748 CoppelI-Road City Part.xls 12/20/01 Page 2 of 2 Demo Water 500,000 Water Tank & Appurtenances Exhibit C-1 Scope of Work: Demo a 500,000 gal concrete water tank. Use wrecking ball to break roof and area will be broken top to bottom for drainage. Knock in sides to elevation 443.5 + or - 1 foot. S coordinate with the City of Dallas to cap the flow meter line in the building basement and with the cut and and cap other lines in the street which the City of Coppell agrees to timely pedorm. Kno( into basement. Knock other above ground structures into the tank. Fill voids in debris with flow compact in lifts to ground level (443 elev). Assumptions: 1. There is no hauling. All concrete waste can be buried inside the tank. 2. Voids in demo'd concrete can be filled with flow mix. 3. Concrete debris from Pump Station knocked into its basement. 6. Assume no hazardous waste on the site. 7. Assume active electrical circuits can be disconnected and removed from nearby transformers Description Qty Unit Unit Price 1. Demo 500 Gal Water Tank and Appurtenances Disconnect Power toConcrete Bldg Remove/Relocate Power Pole Knock in Roof and Sides Flow mix (material) Flow mix placement (Labor) Fill (common borrow) for Tank 80% of tank volume 2. Raise site from Elevation 443.5 to 447 300' x 300' x 3.5' Remove fencde and trees 1 Is $ 500.00 1 Is $ 1,500.00 2 da $ 4,750.00 135 cy $ 46.50 32 hrs $ 31.25 ~ cy $ 9.75 1111 >~ Subtotal 67 cy$ 9.75 Subtotal GCs (Superintendent - 2 weeks) Building Permit Casualty Insurance Builder's Risk Insurance Payment and Performance Bond General Contractor's Fee Less Negotiated reduction for fill 0.7908% 0.07% NIC 4.0% Subtotal Total Total CoppeJI-Utility Water Tank.xls 12/20/01 Page 1 of 4 Exhibit C-1 :low mix quantity estimate diam 68 ft radius 34 ft height (fi) 1 ft height (yds) 0,333333333 yd pi 3.1416 constant Area 3632 sf sy conversion 9 sf/sy Area 404 sy Volume 135 cy elect fill quantity estimate and unit diam 68 ft radius 34 ft pi 3.14 constant Area 3632 sf height (ft) 17 61739 sy conversion 27 Volume 2287 swell factor 1.5 Truck Volume 3430 $ price calculation ft cf cf/cy cy 9.75 6.50 $ 22,294 Coppell-Utility Water Tank.xls 12/20/01 Page 2 of 4 Exhibit C-1 sides. Side in one t. Joseph will . City of Coppell to :k pump station 'nix. Fill and Total $ 500 $ 1,500 $ 9,500 $ 6,255 $ 1,000 $ ~ $ ~ $ 113,750 $ ~ $ 4,000 $ 1,305 $ 116 6,601 CoppelI-Utility Water Tank.xls 12/20/01 Page 3 of 4 Install 30" Sanitary Sewer Force Main Exhibit D Scope of Work: Install a 1,990 If 30" ductile iron pipe sanitary force main in accordance with City of Coppe[I plans prepared by Turner, Collie & Braden November, 2001 designated as the DeForest 30" Force Main-Line A (12 Sheets) Description Qty Unit Unit price Line Total 30" CL51-D.I. Pipe 6' - 8' Cut 834 If $ 83.50 $ 69,639 30" CL51-D.I. Pipe 8' - 10' Cut 936 If $ 91.50 $ 85,644 30" CL51-D.I. Pipe 10' - 15' Cut 100 if $ 140.00 $ 14,000 Bore 30" sewer 120 If $ 275.00 $ 33,000 Air Release Valves 4 ea $ 2,450.00 $ 9,800 Bends 12 ea $ 4,775.00 $ 57,300 30" Plugs 2 ea $ 2,100.00 $ 4,200 Trench Safety 1990 If $ 1.50 $ 2,985 Testing 1990 If $ 1.50 $ 2,985 Surveying 1 Is $ 4,000 Subcontractor Payment and Performance Bond General Conditions Casualty Insurance Builder's Risk Insurance Centex Payment and Performance Bond General Contractor's Fee subtotal $ 283,553 $ 6,000 subtotal $ 289,553 $ 8,OO0 subtotal $ 297,553 0.7908% $ 2,353 0.07% $ 208 subtotal $ 300,114 0.0% $ subtotal $ 300,114 4.0% $ 12,005 Total $ 312,119 Coppell-Utility Force Main.xls 12/20/01 Page 1 of 1 / ,, / ,'~ ,, / / / / / Exhibit F-1 Landscaping and conformance to the site plan dated ,June 25, 2001, which includes the 14 four (4) inch caliper trees on the Northeast corner of the site and everything else that was listed on the site plan and the hedges on the Northwest side. Same light standard to be less than 1 candle, shielded as measured at the property line. On the South side and on the East side to where the landscape island that separates the parking on the East side of the site there will be an eight (8) foot masonry fence and will match the existing school brick. 9. After 8:00 p.m. no internal lighting will be on. 10. Outside truck parking is allowed in the three (3) parking spaces on the Northeast corner of the site and 11 trucks could be parked back behind the extrusion on the Southeast corner of the site and where the eight (8) foot wall is located. 11. Parking of boats, recreation vehicles, vehicles, oversize campers, will be prohibited. Councilmember Stover seconded the motion; the motion carried 6-1 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Ralnes, Stover and Herring voting in favor of the motion and Councilmember Tunnell voting against the motion. 16. Consider approval of the St. Joseph Village, Lots 1-4, Block A, Preliminary Plat, to allow the development of a Retirement Community and municipal facilities on approximately 51.17 acres of property located along the south side of Sandy Lake Road, 1200' east of MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Joe Dingman, Applicant, addressed Council questions. Cm 07102001 Page 12 of 16 Exhibit F-1 Issues Discussed: There was discussion regarding the land swap. Action: Councilmember Tunnell moved to approve the St. Joseph Village, Lots 1-4, Block A, Preliminary Plat, to allow the development of a Retirement Community and municipal facilities on approximately 51.17 acres of property located along the south side of Sandy Lake Road, 1200' east of MacArthur Boulevard with the following conditions: The Final Plat shall not be filed prior to the release of the updated F.E.M.A. maps, indicating 'that this property has been removed from the flood plain. TXU easements, as needed, are to be provided on the Final Plat. (NOTED ON PLAT) Submission and approval of the separate instruments for the abandonment of the existing drainage easements. (NOTED ON PLAT) Revisions to the fire lane radii to meet minimum standards is required. (NOTED ON PLAT) Verify that the minimum finished floor elevations stated on the plat are in accordance with the City's Flood Plain Ordinance. Provisions of needed easements to the City of Irving for the water line. (NOTED ON PLAT) If revisions are not minor in nature, the submission of an amended Site Plan for Phase 2 may be required due to the additional width of the waterline easement. Revise the R.O.W. for Sandy Lake Road to reflect the dedication documents. (NOTED ON PLAT) Cm 07102001 Page 13 of 16 Exhibit F-1 Once the R.O.W. for Sandy Lake Road is verified, then verify the accuracy of the location of the trees along Sandy Lake Road as indicated on the approved Landscape Plan. Councilmember Stover seconded the motion; the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 17. Consider approval of the Coppell Justice Center, Site Plan Amendment, to allow the construction of an addition onto the existing Justice Center Building on a portion of 13.09 acres of property located at 130 Town Center Boulevard. Presentation: Jim Witt, City Manager, made a presentation to Council. Action: Mayor Pro Tem York moved to approve the Coppell Justice Center, Site Plan Amendment, to allow the construction of an addition onto the existing Justice Center Building on a portion of 13.09 acres of property located at 130 Town Center Boulevard. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 18. Consider approval of a Computer-Aided Dispatch and Police and Fire Records Management System in an amount not to exceed $560,043.90, and authorizing the City Manager to execute the necessary documents with TCI Sales and Trio Teknologies. Presentation: Jim Witt, City Manager, made a presentation to Council. Issues Discussed: There was discussion regarding the training on the new system. Cm 07102001 Page 14 of 16 EXHIBIT F2 ",i 12. PUBLIC HEARING: Consider approval of the Case No. PD-114R, zoning change request from PD-114-BF-7 (Planned Development-Il4, Single Family-7) and BF-12 (Single Family-12} to PD-114R {Pl~nued Development-114R, Residential/Rest Home/Nursing Home], to allow the development of a Retirement Community on approximately 50.17 acres of property located alons~ the south side of Sandy Lake Road, 1200' east of MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Monsignor Broderick, Applicant, made a presentation to Council. Jim Phillips, Project Architect, made a presentation to Council. Joe Dingman addressed Council regarding contribution to Senior Center. Public Hearing: Mayor Sheehan opened the Public Hearing and asked for those wishing to speak regarding this proposal to come forward. Eric Wewers, 135 Clover Meadow and Jay Turner, 747 Blue Jay spoke in favor of the proposal. Action: Councilmember York moved to close the Public Hearing on Item 12 with the following conditions: The City and applicant agree to move the ground storage facility to the location shown on the site plan. (This condition is currently being pursued by both parties.) Star Leaf Street is extended to Sandy Lake Road subsequent to the land swap between the applicant and the City. Provide at least one parking space for each unit constructed in this development in Phase I and to review the contingency plan for the beginning of Phase II. CM03272001 Page 7 of 13 o Change building materials from stucco and stone to brick and stone and revise the color as shown with these two displays, as presented in the final presentation. Abide by Departmental comments. (Engineering and Leisure Services). In lieu of the $1,285 parkland acqmsition fee, a donation of $125,000 to be earmarked for the Senior Center, the exchange of the other two acres of land on the Southeast side of the roadway, and the trail easement be accepted. $62,500 of this fee will be due at Phase I and $62,500 due at Phase II at the Certificate of Occupancy. Remove note from face on page 12 of presentation which states 85% stucco. Floor plans for the facility will be included in the packet of information for the Development. Mayor Pro Tem Wheeler seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. There was a short recess held at this time. 13. Consider approval of appointing Rene' Lawson as a regular member of the Parks and Recreation Board to fill the unexpired term of Diana Raines which expires October 2002. Consider approval of appointing two alternate members of the Parks and Recreation Board~ one te,,,~ to fill the unexpired te~,,, of Lynn Kees which expires October 2001 and one teil,~ to fill the unexpired term of Rene' Lawson which expires October 2002. Presentation: Mayor Pro Tem Wheeler made a presentation to Council. CM03272001 Page 8 of 13