Coppell Health-CS 890206SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
(Formerly Saner, Jack, Sallinger & Nichols)
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
(214) 954-3333
Facsimile (214) 954-3334
February 6, 1989
Mr. Jack C. B~ailey, President
M et rocr est _~H~o_spit al Authority
Professi/enal Plaza 1, Suite 200
One Medical Parkway
Fp~ers Branch, Texas 75234
Re: Metrocrest Hospital Authority Agreement
Dear Mr. Bailey:
This letter is to summarize the meeting of February 3, 1989, between yourself,
Metrocrest attorney Mr. Thomas Martin, Kevin Peiffer, Steve Goram, Russell Doyle,
and myself, concerning the Maintenance Agreement proposed by Metrocrest in connection
with the hospital development in Town Center.
It is my opinion that as a result of this meeting, we came to the conclusion that
the Metrocrest Hospital Authority ("Authority") is going to construct and pay for a
road, and associated roadbed and right-of-way utilities, and associated landscaping and
irrigation improvements on land to be owned by the Authority which will be shown on
the final plat of the Authority land. That the Authority is also going to construct and
pay for the lake and associated landscaping and irrigation improvements as shown on
the final plat. That both the lake and the roadway will be constructed in accordance
with construction plans approved by the city.
On completion of the roadway and upon a determination by the City Council of
the City of Coppell that the roadway has been constructed in accordance with the
approved plans and specifications, the roadway shall be dedicated to the city as a
public roadway, and thereafter managed and maintained by the city in the same way
that it manages and maintains its other public roadways. Contractor shall have executed
the usual one year manitenance bond.
That upon completion of the lake and upon a determination by the City Council
of the City of Coppel] that it has been constructed in accordance with the approved
plans and specifications, the lake property shall be dedicated to the city, thereafter to
be managed and maintained by the city as it manages and maintains other lake properties
under its jurisdiction. Contractor to have executed the usual one year maintenance bond.
At this meeting, we discussed the fact that in December of 1982, the City Council
of the City of Coppel] entered into an agreement with Parks Coppell Joint Venture II,
the prospective grantor to the Authority. That this agreement, which attempted to
ensure by contractual arrangement the quality of the development within the Town
Mr. Jack C. Bailey, President
Metrocrest Hospital Authority
Page 2
February 6, 1989
Center area, was entered into prior to the adoption of many of the City of Coppell's
present ordinances, streetscape, and landscape regulations. That notwithstanding any
of the provisions in said agreement, the Authority will, in regard to its property, comply
with existing city ordinances, streetscape, and landscape regulations as the same are
imposed throughout the city and in particular within the Town Center area. That this
would include the obligation of the Authority to maintain its property from the property
line to the curb line on adjacent streets.
At this meeting you reviewed with us the fact that Metrocrest Hospital Authority
feels that it is essential to its development that the lake and roadways be maintained
as quality public facilities. That the Authority realizes that after dedication and
acceptance it shall have no further ]ega~ recourse to ensure quality maintenance of
these facilities, but, it will rely upon the good judgment of the present Council and
future Councils of the City of Coppel] to maintain a high degree of quality within the
area.
Please let me know if I have left out any matter that we covered at this meeting.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
LWJ/wp
Mr. Kevin Peiffer
Ginn, Inc.
17103 Preston Road
Suite 100, LB 118
Dallas, Texas 75248
/
Mr. Steve Goram ~/
Director of Public Works
City of Coppell
P. O. Box 478
Coppell, Texas 75019
/ - Lawrence ~/~Aek~on
Mr. Alan D. Ratliff
City Manager
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Mr. Thomas Morton
Councilman
City of CoppeI1
P. O. Box 478
Coppell, Texas 75019
Mr. Russell Doyle, P.E.
City Engineer
City of Coppell
P. O. Box 478
Coppell, Texas 75019