Amberpoint BP-AG020813T H E C I T Y O F -
COPPELL AGENDA REQUEST FORM ~ °~~~
as •~ ~ ~ a ~ :~
~ x „ a , a 4 CITY COUNCIL MEETING: August 13, 2002 ITEM # 7/F
ITEM CAPTION: Consider approval of aright-of--way use agreement between the City of Coppell and
Transwestern Commercial Services; and authorizing the City Manager to sign.
APPROVED BY
CITY COUNCIL
ON ABOVE DATE a ' °~
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SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Director of Engineering/Public Works
STAFF COMMENTS:
- Tunnell
-York
- 6-0
Executive Summary:
Approval of this right-of--way use agreement will allow the developer of AmberPoint Business Park to
enhance the existing median in Northpoint Drive with stamped concrete at the noses, a landscaped area at the
east end and new concrete for the remaining area at the developer's cost. For more information see attached
memo.
Recommendation:
Staff recommends approval of the right-of--way use agreement between the City of Coppell and Transwestern
Commercial Services to allow the upgrading of the existing median with stamped concrete at the noses, a
landscaped area at the east end and new concrete in the remaining area.
Staff will be available to answer any questions at the Council meeting.
BUDGET AMT. $ AMT. EST. $
FINANCIAL COMMENTS:
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DIR. INITIALS: a FIN. REVIEW: ' ~,~
Agenda Request Form -Revised 5/00
+\-BID $
CITY MANAGER REVIEW:
Document Name: #eng3-IAR.doc
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MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works
Date: August 13, 2002
RE: Consider approval of aright-of--way use agreement between the City of
Coppell and Transwestern Commercial Services; and authorizing the City
Manager to sign.
During the course of the development of the AmberPoint Business Park located generally south
and east of the Sandy Lake Road/Royal Lane intersection, (immediately north of Wagon Wheel
Park) the developer approached the City concerning modifications to the median currently
located in Northpoint Drive between Royal Lane and the entrance to the city's second elevated
water tank. The existing median is approximately 300 feet long and consists of concrete.
However, the concrete has settled and broken in numerous locations creating a less than aesthetic
entrance to the AmberPoint Business Park. It is the developer's desire to remove the concrete
from the existing median and replace it with some enhancements to creating a more aesthetic
entrance to their development. The developer is proposing at the noses to install red stamped
concrete similar to the MacArthur/Sandy Lake intersection. Also, at the east end of the median
where it widens out, the developer is proposing to install irrigation and some landscaping. The
landscaping will generally consist of Asian Jasmine, Nandinas, Crape Myrtles and Yaupon
Hollys. The developer is also proposing to create some berms within that landscaped area. For
the remainder of the median he is proposing to reinstall typical gray concrete. The developer is
proposing to perform this work and provide the on-going maintenance of the landscaped area at
his own cost.
Staff recommends approval of the right-of--way use agreement between the City of Coppell and
Transwestern Commercial Services to allow the upgrading of the existing median with stamped
concrete at the noses, a landscaped area at the east end and new concrete in the remaining area.
Staff will be available to answer questions at the Council meeting.
"CITY OF COPPELL ENGINEERING -EXCELLENCE BY DESIGN"
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r TRANSWESTERN
COMMEPCIAI $EPVIC ES
July 18, 2002
Ken Griffin
City of Coppell Engineering Department
255 Parkway Blvd.
Coppell, Texas 75019-4409
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5001 Spring Valley Road
Suite 600W
Dallas, TX 75244
Phone: 972.774.2500
Fax: 972.991.4247
wwMranswestern.net
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Re: AmberPoint Business Park -Median Enhancement South Northpoint Drive
Dear Ken,
As we have discussed several weeks ago, Transwestern is proposing to enhance the
AmberPoint street entrance comdor on Northpoint Drive, from Royal Lane east into our
118 acre business park. The existing Northpoint Street median (approximately 300 lf)
has broken curbs and depressed broken concrete flatwork. Transwestern is proposing to
upgrade the median as depicted on the attached plan, including irrigation and regular
maintenance.
I would like the opportunity to meet to discuss how we can immediately commence this
work in order for completion to coincide with the opening of our new building in August
2002. This median upgrade will provide a much improved aesthetic appearance to
visitors of our development as well as the citizens of Coppell utilizing the northwest
baseball complex in Wagon Wheel Park. This is a win-win for us both.
I look forward to meeting with you at your earliest convenience.
Sincerely,
COMMERCIAL SERVICES
%1;~,~ i
Jim (~aspa ~ ~`~~
VP -''peve~pment Services
cc: Gary Sieb -Planning & Development
Henry Knapek -Transwestern Commercial Services
Your Partner of Choice.
T H E C 1 T Y O F
COPPELL
T ~1 ~"' q ~
E x A a t 8
August 22, 2002
Jim Gaspard, Vice President
Transwestern Commercial Services
5001 Spring Valley Rd
Suite 600W
Dallas, TX 75244
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RE: Amberpoint Business Park /Median Enhancement Northpoint Drive
Dear Mr. Gaspard:
The attached Right-of--way Use Agreement for Northpoint Drive was approved at
the August 13, 2002 City Council meeting. Please execute the three originals and
return two originals to me for processing.
If you have any questions please give me a call.
Sincerely,
~~ ~~
Kenneth M. Griffin, P.E.
Director of Engineering/Public Works
Office Phone: (972) 304-3686
Fax: (972) 304-7041
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255 PARKWAY * P. O.BOX 478 * CO PPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673
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STATE OF TEXAS §
§ RIGHT-OF-WAY USE AGREEMENT1 ,~ ~ ~ 5E• 5
COUNTY OF DALLAS §
09/19/02 3461311 525.00
Deed
THIS AGREEMENT ("AGREEMENT") is made by and between the City of Coppell, Texas
("CITY") and AmberPoint at Coppell LLC ("LICENSEE") acting by and through their
authorized representatives.
WITNESSETH:
WHEREAS, LICENSEE is currently developing the AmberPoint Business Park located
south and east of the Sandy Lake Road and Royal Lane intersection as platted on February 8,
2002 in Voi. 2002027 Pg. 00071 and more particularly described in Exhibit "A" attached hereto
and incorporated herein for all purposes; and
WHEREAS, the AmberPoint Business Park is bisected by Northpoint Drive, which also
provides access to AmberPoint Business Park; and
WHEREAS, LICENSEE desires to create an improved aesthetic entrance to
AmberPoint Business Park by removing the existing concrete in the Northpoint Drive median
east from Royal Lane for a distance of 300 feet ("PROPERTY"), being more particularly sho«n
on the map marked Exhibit "B" attached hereto and incorporated herein for all purposes and
replacing it with stamped concrete median noses, a landscape area with irrigation at the east end
' and new concrete in the remainder of the median ("PERMITTED IMPROVEMENTS"); and
WHEREAS, LICENSEE proposes to accomplish the work and provide ongoing
maintenance of the landscape area at its own expense;
NOW THEREFORE, in consideration of the covenants contained herein and other
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Puraose: The CITY hereby grants LICENSEE a revocable license for the purpose of
constructing the IMPROVEMENTS (the "PERMITTED IMPROVEMENTS") within the
right of way of the CITY. In consideration of the granting of this AGREEMENT by the CITY,
LICENSEE agrees to provide ongoing maintenance of the landscape area of the median. After
completion of the PERMITTED IMPROVEMENTS by the LICENSEE, CITY shall assume
maintenance of the remainder of median, exclusive of the landscape area.
2. Term: The term of this Agreement shall be perpetual, subject, however, to termination
by the CITY as provided herein.
bight-of--way Use Agreement -Page 1
2002 ~ ~'~ ~ ~~~~
. ,
3. Non-Exclusive: This License is nonexclusive and is subject to the following: a) to any
existing utility, drainage or communications facilities located in, on, under or upon the
PROPERTY; b) to all vested rights presently owned by any utility or communication company,
public or private, for the use of the PROPERTY for facilities presently located within the
PROPERTY; and c) to any existing lease, license, or other interest in the PROPERTY granted
by the CITY to any individual, corporation or other entity, public or private.
4. Environmental Protection: LICENSEE shall not use or permit the use of the
PROPERTY for any purpose that may be in violation of any laws pertaining to the health of the
environment, including without limitation, the comprehensive environmental response,
compensation and liability act of 1980 ("CERCLA"), the resource conservation and recovery act
of 1976 ("RCRA"), the Texas Water Code, and the Texas Solid Waste Disposal Act.
LICENSEE warrants that the use of the PROPERTY will not result in the disposal or other
release of any hazardous substance or solid waste on or to the PROPERTY, and that
LICENSEE will take alt steps necessary to ensure that no such hazardous substance or solid
waste will ever be discharged onto the PROPERTY or adjoining property by LICENSEE. The
terms "hazardous substance waste" shall have the meaning specified in CERCLA, and the term
solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided,
however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of
any term defined thereby, such broader meaning shall apply subsequent to the effective date of
such amendment; and provided further, at the extent that the laws of the State of Texas establish
a meaning for hazardous substance, release, solid waste, or disposal which is broader than that
specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall
indemnify and hold the CITY harmless against all costs, environmental clean up of the
PROPERTY resulting from LICENSEE'S use of the PROPERTY under this License in
violation of this AGREEMENT, as proven in a court of competent jurisdiction.
5. Mechanic's liens not aermitted: LICENSEE shall fully pay all labor and materials used
in, on or about the PROPERTY, and will not permit or suffer any mechanic's or material man's
liens of any nature to be affxed against the PROPERTY by reason of any work done or
materials furnished to the PROPERTY at LICENSEE'S instance or request.
6. Future CITY use: This License is made expressly subject and subordinate to the right of
the CITY to use the PROPERTY for any public purpose whatsoever. In the event that the
CITY shall, at any time subsequent to the date of this AGREEMENT, at its sole discretion,
determine that the removal of the PERMITTED IMPROVEMENTS shall be necessary or
convenient for CITY'S use of the PROPERTY, LICENSEE shall at its sole cost and expense
make or cause to be made such modifications or relocate the PERMITTED
IMPROVEMENTS so as not to interfere with the CITY'S or CITY'S assigns' use of the
PROPERTY. A minimum of thirty (30) days written notice for the exercise of the above action
shall be given by the CITY to LICENSEE, and LICENSEE shall promptly commence to make
Right-of--way Use Agreement -Page 2
~3 0~ I ~ ~~ ~;~ ~; ~3 i t
the required changes and complete them as quickly as possible, or reimburse the CITY for the
reasonable cost of making such required changes.
7. Comaliance with laws: LICENSEE agrees to abide by and be governed by all laws,
ordinances and regulations of any and all governmental entities having jurisdiction over the
LICENSEE.
8. Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless
and indemnified against and from any penalty, or any damage, or charge, imposed for any
violation of any law, ordinance, rule or regulation arising out of the use of the median landscape
area by the LICENSEE, whether occasioned by the neglect of LICENSEE, its employees,
officers, agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at
all times defend, protect and indemnify and it is the intention of the parties hereto that
LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense,
including attorney's fee, arising out of or from any accident or other occurrence on or about the
median landscape area causing personal injury, death or property damage resulting from use of
median landscape area by LICENSEE, its agents, employees, customers and invitees, except
when caused by the willful misconduct or negligence of CITY, its officers, employees or agents,
and only then to the extent of the proportion of any fault determined against CITY for its willful
misconduct or negligence. LICENSEE shall at all times defend, protect, indemnify and hold
CITY harmless against and from any and all loss, cost, damage, or expense, including attorney's
fees arising out of or from any and all claims or causes of action resulting from any failure of
LICENSEE, its officers, employees, agents, contractors or assigns in any respect to comply ~r-ith
and perform all the requirements and provisions hereof.
9. Termination: This Agreement may be terminated in any of the following ways:
a. Written agreement of both parties;
b. By CITY giving LICENSEE thirty (30) days prior written notice;
c. By CITY upon failure of LICENSEE to perform its obligations as set forth in
this Agreement, after thirty (30) days prior written notice to LICENSEE and
opportunity to cure;
d. By CITY abandoning any interest in the PROPERTY;
e. By LICENSEE given CITY ninety (90) days prior written notice and upon
removal of the median landscape area and replacement with concrete paving per
city standards by LICENSEE.
10. Notice: When notice is permitted or required by this AGREEMENT, it shall be in
writing and shall be deemed delivered when delivered in person or when placed, postage prepaid
in the United States mail, certified return receipt requested, and addressed to the parties at the
address set forth opposite their signature. Either party may designate from time to time another
and different address for receipt of notice by giving notice of such change or address.
Right-of--way Use Agreement -Page 3
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11. Attorney's fees: Any signatory to this AGREEMENT, who is the prevailing party in
any legal proceeding against any other signatory brought under or with relation to this
AGREEMENT shall be entitled to recover court cost and reasonable attorney's fees from the
non-prevailing party.
12. Governing law: This AGREEMENT is governed by the laws of the State of Texas; and
venue for any action shall be in Dallas County, Texas.
13. Binding effect: This AGREEMENT shall be binding upon and inure to the benefit of
the executing parties and their respective heirs, personal representatives, successors and assigns.
14. Entire Agreement: This AGREEMENT embodies the entire agreement between the
parties and supersedes all prior agreements, understandings, if any, relating to the PROPERTY
and the matters addressed herein and may be amended or supplemented only by written
instrument executed by the party against whom enforcement is sought.
15. Recitals: The recitals to this AGREEMENT are incorporated herein by reference.
16. Legal Construction: The provisions of this AGREEMENT are hereby declared
covenants running with the PROPERTY and are fully binding on all successors, heirs, and
assigns of LICENSEE who acquire any right, title, or interest in or to the PROPERTY or any
part thereof. Any person who acquires any right, title, or interest in or to the PROPERTY, or
any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this
AGREEMENT with respect to said right, title or interest in the PROPERTY.
17. Successor Owner Obligations: Notwithstanding the above, if and when LICENSEE
assigns all of its right, title or interest in the PROPERTY to a successor owner ("SUCCESSOR
OWNER"), LICENSEE will only have obligations hereunder to the CITY relating only to the
period of time during which LICENSEE held fee simple title to the PROPERTY, according to
the Dallas County real property records. Similarly, each SUCCESSOR OWNER of the
PROPERTY will only be responsible for its obligations hereunder to the CITY relating only to
the period of time during which the SUCCESSOR OWNER held fee simple title to the
PROPERTY, according to the Dallas County real property records.
Right-of--way Use Agreement -Page 4
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EXECUTED this ~ ~ay of ~~ ~, ~ , 2002.
By:
A'
OF CQPP)~L,TEXAS
JIM WAZ7', CITY MANAGER
By:
LIBBY BALL ITY SECRETARY
AMBERPOINT AT COPPELL, L.L.C.,
a Delaware limited liability company
By: AmberJack, Ltd., an Arizona
corporatio its m aging member
Y~
Name: John Fi. gcJins
Title: Vice Preaiderrt ~
i
By: ~~
~~
Name: G. Ro~sr Gielo~w
Title: Assistant Secretat~+
Right-of--way Use Agreement -Page 5
t~oa I X33 05~5~
LICENSEE'S ACKNOWLEDGMENT
STATE OF ILLINOIS §
COUNTY OF McLEAN §
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY THAT ~o h n R - ~ i a g ~ ~ S and
~~ e~ ~~ ; ~~ personally known to me to be the
~~ ~ P~ i~z~ and _ J. P• {ass `t ~c.ere,~ar~! of AMBERJACK,
LTD., an Arizona corporation and managing member of AmberPoint at Coppell, L.L.C., a
Delaware limited liability company, and personally known to me to be the same persons whose
names are subscribed to the foregoing instrument, appeared before me this day in person, and
severally acknowledged that as such officers they signed and delivered the said instrument,
pursuant to authority given by the Board of Directors of said corporation, as their free and
voluntary act, and as the free and voluntary act and deed of said corporation, as managing
member of and for and on behalf of AmberPoint at Coppell, L.L.C., for the uses and purposes
therein set forth.
Given under my hand and official seal, this (~ `~` day of ~l _ Q-A , 2002.
Notary P li
My commission expires:
1 rr OFFICIAL SEAL
I a rL I O ~ NOTARY PUBLIC, STATE OF ILLINOIS
NIY CObMArSS10N EIiPIftE3 Ot/27N8
Right-of--way Use Agreement -Page 6
302 ! ~~~ ~'l~i~~~
CITY ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on
this day personally appeared Jim Witt being the City Manager of the City of Coppell, Texas, known
to me to be the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said City of Coppell, Texas, and that he
executed the same as the act of said City of Coppell, Texas for the purpose and consideration
therein expressed and in the capacity therein stated.
GNEN UNDER MY HAND AND SEAL OF OFFICE this the -~-! "~ day of
,2002.
i otary P ic, State of Texas
My Commission Expires:
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Right-of--way Use Agreement -Page 7
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