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Connell Skaggs-CS 890817Connell Development Compare] P.O. Box 541057 · Dallas, Texas 75554-1057 ,, (214) 357-4694 August 17, 1989 Mr. Russell Doyle City of Coppell 255 Parkway Boulevard Coppell, Texas 75019 Re: Agreement between Skyhawk ~'g~ture-and-the City of Coppell providing for future drainage improvements to the Connell Skaggs Addition dated December 11, 1986 Dear Russell: As I outlined in my letter of June 27th, Skyhawk Venture requests that the City of Coppell amend the above referenced agreement to allow the following: Skyhawk will design and build a dbuble 12' x 4' box culvert from Sandy Lake Road to the northern boundary of the Connell Skaggs Addition. From the northeast corner of the Connell Skaggs Addition north to the existing box culvert Skyhawk will grade a temporary channel. 3. Skyhawk will waive any reimbursement due from the work on the channel north of the Connell Skaggs Addition. 4. Upon the completion of items 1 and 2 Skyhawk and the City of Coppell will be relieved of any further obligations regarding said agreement. I have enclosed a copy of the original agreement, my June 27th letter, and a schematic diagram showing the location of the proposed box culvert and channel. Please call if you need any additional information. Sincerely yours, SKYHAWK VENTURE CONNELL DEVELOPMENT CO., Mark W. Connell MANAGER MWC/ac enclosures Office address: 10939 Shady Trail · Dallas, Texas 75220 Connell Development Company P.O. Box 541057 * Dallas, Texas 75354-1057 * [214) 3574694 June 27, 1989 Mr. Russell Doyle City of Coppell 255 Parkway Boulevard Coppell, Texas 75019 Re: Drainage west of Woodside Village Shopping Center Dear Russell: In December of 1986, Skyhawk Venture (Skyhawk) entered into an agreement (the Agreement) with the City of Coppell (City) whereby Skyhawk agreed to escrow $345,000.00 with the City to be used for the construction of a 12'x 8' box culvert along the western boundary of Woodside Village Shopping Center and continue north past the Boorhem and Hinkley tracts. When the Boorhem and Hinkley tracts were platted, the City agreed to assess those owners on a linear foot basis for the cost of the box culvert and return that amount to Skyhawk. Shortly after the Agreement was signed, the Coppell High School announced their plans which included building the downstream portion of the box culvert. Since this would allow construction of the section of the box culvert addressed in the Agreement between Skyhawk and the City, Skyhawk requested that the City waive the requirement for Skyhawk to escrow the $345,000.00 and Skyhawk would proceed with design and construction of the box culvert. However, because of the impact of the new trench safety laws, the soil conditions on site and the depth of the cut to install the box, the low bid came in at $701,000.00. In order to proceed with an adequate drainage system we propose to amend the Agreement to allow the following: (l) Skyhawk will design and build a double 12' x 4' box culvert from Sandy Lake Road to the northern boundary of the Woodside Village Tract. (2) From the northern boundary of Woodside Village to the existing box culvert, Skyhawk will grade a temporary channel. Or, ce address: 10939 Shady Trail · Dallas, Texas 75220 Page 2 June 27, 1989 Mr. Doyle (3) Skyhawk will waive any reimbursement due from the work on the channel north of Woodside Village. This plan will allow us to proceed within the $345,000.00 budget and alleviate the drainage problems we have recently experienced in this area. I am available to meet with you at your convenience to answer any additional questions you may have. Sincerely yours, SKYHAWK VENTURE CONNELL DEVELOPMENT CO., MANAGER Mark W, Connell AGREEMENT Skyhawk Venture, .Mgr. TillS AGREEMENT made between/Connell Development Co,[(Connell) of Dallas County, Texas, and the City of Coppell, Texas,(City); WITNESSETII: WliEREAS, Connell is the o~n~r of that tract of land shown on Exhibit i, which said Exhibit is attached hereto and made a part hereof for all purposes; and WIIEREAS, Connell has filed Exhibit 1 as a preliminary subdivision plat and the City Council of the City of Coppell has heretofore approved said preliminary subdivision plat subject to development of a drainage plan satisfactory to the City Engineer; and · WIIEREAS, the original drainage plan requested by tile City Engineer included tile eonstruetion of a 10-foot by 8-foot single concrete box eulvert (box culvert) along tile west end of tile Connell tenet as.shown on Exhibit I between Point A and Point 13, said box eulvert constituting the required improvement on said property necessary to bundle tile drainage across said properly _Upon complete buildout and development of upstream p opert~es and the Cannel1 tract; and WHE13.EAS, It has been determined that tile box culvert if constructed at this point in time would be deeper than the natural drainage area to the north (downstream) and would form a e'olleeting reservoir until such time as tile downstream property is developed with a similar eonneeting box culvert; and that this eond[tiou makes it not feasible to construct tile box culvert on the Connell property until the box culvert eau be extended to tile north aeross property now owned by Mr. and Mrs. Boorhem hnmediately to the north and the ltinekley property immediately north of the Boorhem property; and WIIEREAS, it appears that the Boorhem property, the llinekley property, as well us Lot 3 shown on the Connell tract are not presently ready for development, but that Lots 1, 2 and 4 of the Connell tract are ready for present development; and ./~ WHERE.aM, engineering data supplied to tile City by Connell shows that t,he proc.sent development ofL0tsl, 2 and4 of the.'Conn~ll tra~t will n0i require installation' of the box eulveet at this time and that drainage attributable to said Lots 1, 2 and 4 (including present drainage from property upstream from the Connell tract) eau be handled by using tile existing channel located at the west side of the Connell tract, COPPELL/CONNELL AGREEMENT CK86-1211 - Page I and that sald~ox culvert from Point A to Point B on Exhibit 1 will not be required ul,..~t_}l additional drainage is created by the development of Lot 3 and tile development of properties upstream from tile Connell tract; and WIIEREA$, Connell has therefore requested the City to approve the final platting of its subdivision {n two (2) phases, tile first phase to include Lots l, 2 and 4 and the second phase to be comprised of Lot 3 on E×hibit i; that said first phase be epproved based upon Connell's engineering plan in reffard to draineffc, which provides that adequate site drainage may be accomplished by using tile existing ehaunel located at the we~t side of ti~e Connell tract and that Phase Two consisting of Lot 3 of Exhibit ! be approved subject to tile drainaffe eonditioas hereiuafter set out. NOW, TIlEREFORE, in eo s,derat,on of the mutual covenants herein expressed, the parties agree as follows: 1. That Connell will amend its preliminary plat so that when it is presented for final plat approval it will be submitted in two (2) phases, each phase to constitute a separate and distinct final plat for recording purposes; that tile City Engiueer will, pursuant to directions from the City Council, approve such preliminary plat pursuant to tile drainage plan set forth herein. Phase One shall consist of Lots 1, 2 and 4 as sbowu au Exhibit I attached hereto, aud Phase Two shall consist of Lot 3 as sbowu on Exhibit 1. Provided, I~owever, other language.herein notwithstanding, Connell reserves ..tile right to submit tile lots listed in Pllase One as Separate final plats for recordin~ ~Urposes as opposed to being limited to one single final plaL 2. Connell shall furnish to the City copies of its engineering report and engineering data evidenciug that tile existing drainage channel located at tile west side of the Connell tract will provide adequate drainage after Phase One {s fully developed and will not cause material damage to downstream property owners, including the property owned by Boorhem and Hinekley. Connell further agrees that Connell shall.indemnify and save harmless the City of Coppell, its officers, employees and agents from and against ail'losses and all claims, demaads, payments, suits, actions, costs, and judgments of every nature and description COPPELL/CONNELL AGREEMENT CK86-121J. - Page 2 recovered against City resultiug from storm water damage to properties downstream from said Connell traet or brought against City because of the approval of the subdivision plats mentioned herein and drainage plan, and Connell shall bare tile rlgbt to participate .in any such litigation and to be represented by its own counsel. 3. Connell agrees to file a deed restriction in regard to tile PI]ase Two property requiring that tile owner of said property, prior to owner's request for the issuaaee of any building perlnit, sh~a_ll__c_onstruct tile box culvert required by tile City if such be recomended to tile City Council by tile City Engipeer~ and place oil tile face of owner's subdivisioa plat a notice that said property is burdened with tills obligation. Said deed restriction shall provide that such restriction may not be removed without first obtaining approval o~f the City Council of the City of Coppell, Texas. 4. Connell further agrees that it will upon approval of the final plat of Lot 2 or Lot 3, place in escrow with the Independen{: Bank of Coppe]l tile sum of Three ltundred _Forty-five TI]ousand Dollars (,~345,000.00), or an irrevocable letter of credit Jn such amount (LC) to be issued to Connell by M Bank Dallas, same to be payable to City all upon the following terms and conditions: a. Said sum of money or (LC) to be held in escrow for use at a later time, such time to be determined at the sole discretion of the City Council of the City of Coppell, Texas, based upon recommendation of the City Engineer, for the construction of tim 10-foot by 8-foot single concrete box culvert, described on Exhibit 2 attached hereto, from Sandy Lake Road to Willow Lane, which will carry tile box culvert from Poiut A .on Exhibit 1 ti]rough the Hinckley property to point C on Exhibit i, said distance ~ being approximately 566 feet across the Connell tract, 472 feet across tile Boorhem tract and 196 feet across tile Iiinckley tract. In the event some other' drainage plan is adopted to handle the drainage obligation of the Boorhem tract or the Hinekle~ tract City may__a_t its discretion determine that tl....__.__~e ese?.__ow fund is t~ be~i_,~ed o~nly to Construct ~lle box culvert across the Connell tra. et and in s~ch e~mmt._tJze_~crowed fund shall be used only COPPELL/CONNELL AGREEMENT CK86-1211 - Page 3 to the extent necessary to construct the box culvert across the Council tract. That the City of Coppell shall enter into a separate pro rata agreement with Connell, which will provide that if the escrow money is used to construct the box culvert beyond the Connell property and across the Boorhem and/or Hinckley properties, and if within 10 years thereafter, the Boorhem or }{inekley properties are subdivided or otherwise developed in such a way that would require the box culvert across their properties had {t not already been constructed, the City will, before approval of any subdivision plat or the issuance of any building permit on the Boorhem property or.I{inckley property, require the owners of said property to pay to the City such property's pro rata cost for construction of the box culvert determined in accordance with Exhibit 2 herewith~ which said amount forthwith shall be reimbursed to Connell. Interest on said escrow deposit, jf any, shall enure to the benefit of Connell and may be drawn down by Connell as tt accrues. The cost estimate for the box culvert construction from Sandy Lake Road to Willow Lane, which will take it through the Hinckley property and which will form the basis of the pro rata agreement and cost per property owner based upon frontage of box culvert, is attached hereto as Exhibit 2 and made a part hereof for all purposes. Draws from the escrow deposit mentioned herein shall require signature of .a representative of both Connell and City. .Any portion of the escrow deposit no'~'required for the qonstruet/on of the box culvert shall be returned to Connell forthwith upon conpletlon of the construction hereof.' 5. Tile term of this agreement is 15 ),ears and If same shall not then been fully perform.ed shall expire. COPPELL/CONNELL AGREEMENT CK86-i211 - Page 4 6. This agreement is binding upon and shall enure to the benefit of all sueeessors of each party hereto. F. XECUTED this lith day December, 1986. CITY OF COPPE.I,,L ATTEST: SKYHAWK VENTURE, 'kevin C. Wllite Title Vice President Ed PoW. ell, City Engine~err-C~f Coppell, Texas Frank Trando, Acting City Manager, City of CoPpell APPROVe.ED AS TO FORM: liagvre.~e W. Jael~s~ity ~fttorney" CK86-1211 COPPELL/CONNELL AGREEMENT CK86-1211 - Page 5 " LOT / / / / LOT 4 pREL,IMINARY FINAL PLAT - : - -r' " I I I- "'l / 1 / / ...1., / I I PRELIMINARY FINAL PLAT* P&P W.O. No. 3354-85-10-6 Connell Skaggs Addition December 5~ 1986 COST ESTIMATES FOR BOX CULVERT CONSTRUCTION FROM SANDY LAKE ROAD TO "WILLOW LAI'tE" Length = 1234' Br. eakd0wn by Owner: ConneU Boorhem Hinekley 10' x 8' Single Box Culvert Pre-Cast: (at $270/LF) Box Culvert Upstream Transition Downstream Transition ,,Cost Per Property Owner B~ed on Frontage of Box Conned Boorhem Hinckley 566' 472' 196' · 46(345,000)-- · 38 (345,000) = .16 (345,000) = 46% " 38% 16% $335,000.00 5,000.00 5,000.00 ' $159,000.00 $131,000.00~/~-?'. 55,000.00 3354/WD1001 .' ' EXItIfllT "2"