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ST9502-CN 960227 (3)CITY COUNCIL MEETING: ITEM CAPTION: AGENDA REQUEST FORM February 27, 1996 ITEM Consideration and approval of a Construction Supervision Agreement for Town Center Boulevard between the Parks of Coppell Trust and the City of Coppell and authorizing the Mayor to sign. SUBMITtED BY: Kenneth M. Griffin, P.E. TITLE: Assistant City Manager/Cky Engineer STAFF COMMENTS: INITIALS This agreement is very similar in nature ':o the Construction Supervision Agreement approved by City Council on November 14, 1995. This agreement provides for the City of Coppell Engineering Department to supervise the constructior of Town Center Blvd. STAFF RECOMMENDATION Approval EXPLANATION: Staff will be available to answer any questions at the meeting. Denial BUDGET A/~T. $ FINANCIAL COMMENTS A/~T. EST.$ +/- BUD:$ FINANCIAL REVIEW.~~ Agenda Request Form - Revised 1/94 CITY MANAGER Document Name REVIEW: eng .02 CONSTRUCTION SUPERVISION AGREEMENT This Construction Supervision Agreement ("Agreement,,) is made and entered into as of the day of 1996, by and among The Parks of Coppell Trust, a Texas trust, acting by and through its sole Trustee, The A P of C VI Exchange Trust, a Texas trust, acting by and through its sole Trustee, The H P of C VI Exchange Trust, a Texas trust, acting by and through its sole Trustee (all of the foregoing trusts collectively, the "Trust"), and the City of Coppell, Texas (the "City"), a municipal corporation, acting by and through its duly authorized City Manager. WITNESSETH: WHEREAS, The Parks of Coppell Trust owns several tracts of land situated in the City of Coppell, Dallas County, Texas (the "Trust Tracts"); and WHEREAS, the City owns several tracts of land situated in the City of Coppell, Texas, in the proximity of the Trust Tracts (the "City Tracts"); and WHEREAS, The Parks of Coppell Trust by separate right-of-way dedication or by subdivision plat has dedicated to the City that certain right-of-way described on attached Exhibit A-1 and depicted on attached Exhibit A-2 (the "Trust Right-of-Way Area") for construction, maintenance and use of a public street and appurtenant facilities; and WHEREAS, the City by separate subdivision plat has dedicated that certain right-of-way described on attached Exhibit B-1 and depicted on attached Exhibit B-2 (the "City Right-of-Way Area") for construction, maintenance and use of a public street and appurtenant facilities; and WHEREAS, it is contemplated that a public street and appurtenant facilities (the "North Spine Road") will be constructed upon the Trust Right-of-Way Area and the City Right-of-Way Area (collectively, the "North Spine Road Right-of-Way Area"); and WHEREAS, because of the benefits accruing to the Trust Tracts from the construction of the North Spine Road and to satisfy certain contractual obligations, the Trust has agreed to pay a portion of the costs to construct the North Spine Road pursuant to the terms and conditions contained in this Agreement; and WHEREAS, because of the benefits accruing to the City Tracts from the construction of the North Spine Road, the City has agreed to pay a portion of the costs to construct the North Spine Road pursuant to the terms and conditions contained in this Agreement; and WHEREAS, because of the benefits accruing to the City Tracts from the construction of the North Spine Road, and as an accommodation to the Trust, the City has agreed to contract for and to supervise the construction of the North Spine Road; and WHEREAS, the Trust and the City have agreed to enter into this Agreement to set forth their agreements concerning the City's contracting for and supervising the construction of the North Spine Road and to evidence the agreement of each of them to pay their respective agreed upon portions of the costs to construct the North Spine Road. NOW, THEREFORE, for and in consideration of the premises and of the agreements contained herein, the Trust and the City hereby agree as follows: 1. Certain Definitions. As used in this Agreement: (i) the term "North Spine Road Plans" means the plans and specifications for the North Spine Road described on attached Exhibit C; (ii) the term "North Spine Road Contractor" means Site Concrete which is the contractor approved by the Trust and the City to perform the construction of the North Spine Road in accordance with the North Spine Road Plans; (iii) the term "North Spine Road Approved Costs" means the sum of $444,214.25 which is the estimated costs approved by the Trust and by the City for the construction of the North' Spine Road in accordance with the North Spine Road Plans; (iv) the term "North Spine Road Construction Contract" means the construction contract (approved by the Trust and the City) between the City and the North Spine Road Contractor for the construction of the North Spine Road in accordance with the North Spine Road Plans; and (v) the term "North Spine Road Escrow Agreement,, means an escrow agreement among the Trust, the City and Jay S. Turner, P.C. ("Escrow Agent"), pursuant to which the Trust and the City each shall deposit in cash with Escrow Agent their respective agreed upon portions of the North Spine Road Approved Costs to pay the costs to construct the North Spine Road in accordance with the North Spine Road Plans 2. North Spine Road. By execution hereof, the Trust and the city hereby approve the North Spine Road Approved Plans, the North Spine Road Contractor, the North Spine Road Approved Costs, the North Spine Road Construction Contract and the North Spine Road Escrow Agreement. Concurrently herewith, the Trust and the City shall execute and deliver the North Spine Road EscrowAgreement to Escrow Agent, and the Trust and the City each shall deposit their respective agreed upon portions of the North Spine Road Approved - 2 - Costs with Escrow Agent pursuant to the North Spine Road Escrow Agreement. Promptly after the execution hereof, the City shall cause the North Spine Road Contractor to commence the construction of the North Spine Road within the North Spine Road Right-of-Way Area and to diligently pursue the same to completion in accordance with the North Spine Road Plans. Without the express prior written approval of the Trust, the City agrees that the City will not issue or approve any change order under the North Spine Road Construction Contract, or accept or permit any change, amendment or supplement to the North Spine Road Construction Contract or accept or permit the North Spine Road Contractor to materially deviate from the North Spine Road Approved Plans in the construction of the North Spine Road. If the Trust and the City approve in writing any change with respect to the North Spine Road Construction Contract and/or the North Spine Road which increases the costs to construct the North Spine Road, the Trust and the City as part of such approval process shall agree upon the respective portions of such increased costs to be paid by each of them and further agree to deposit their respective agreed upon portions of such increased costs in cash with Escrow Agent to be held and disbursed by Escrow Agent pursuant to the North Spine Road Escrow Agreement. 3. City Acceptance/Maintenance. By execution hereof, the City hereby acknowledges and agrees that: (i) the City has reviewed and approved the North Spine Road Plans; and (ii) after completion of the North Spine Road without material deviation from the North Spine Road Plans, the City will accept the same and will maintain the same as a public road. 4. Enforcement. If either party to this Agreement fails or refuses to pay or perform such party's duties and obligations under this Agreement, the other party to this Agreement shall have the right to enforce specific performance of such duties and obligations. Each party to this Agreement hereby expressly waives all rights to sue the other party to this Agreement for consequential damages arising or resulting from such other party to this Agreement failing or refusing to pay or perform such party's duties and obligations under this Agreement. 5. Exhibits. incorporated into purposes. All exhibits to this Agreement are and made a part of this Agreement for all 6. No Recordation. This Agreement shall not be recorded in the Real Property Records of Dallas County, Texas. 7. Notice. Any notice or communication required or permitted hereunder shall be given in writing, sent by (i) personal delivery, or (ii) expedited delivery service with proof of - 3 - delivery, or (iii) United States mail, postage prepaid, registered or certified mail return receipt requested, addressed to the appropriate party ~t its address set forth on the signature page of this Agreement or to such other address or to the attention of such other person as hereinafter shall be designated in writing by the applicable party sent in accordance herewith. Any such notice or communication shall be deemed to have been given, whether actually received or not, when sent or dispatched in the manner provided herein. 8. Entire Aqreement/Binding Effect. This Agreement, together with the North Spine Road Escrow Agreement, sets forth the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior oral or written agreements between the parties hereto with respect to the subject matter hereof. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day, month and year first above written. Trust's address for notice: The Parks of Coppell Trust The A P of C VI Exchange Trust The H P of C VI Exchange Trust c/o Harry M. Hargrave 12221 Merit Drive Suite 1750 Dallas, Texas 75251-2252 The Parks of Coppell Trust By Harry M. Hargrave, Trustee The A P of C VI Exchange Trust By Jay S. Turner, P.C., Trustee By Jay S. Turner, President - 4 - The H P of C VI Exchange Trust By Jay S. Turner, P.C., Trustee By Jay S. Turner, President City's address for notice: City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019 Attn: Jim Witt, City Manager City of Coppell, Texas By 6~k Ji,~L HILL, Tom Morton, ' City Ma~a~tz Mayor RMD/449010. 02/I)