Four Seasons 1-AG 900911AGENDA REQUEST FORM
CITY CO~CI~' ~1~ Me.ember 11~ 1990
ITEM CA~TION.' Discussion and consideratio~ of a p~o~OSal which
subdivision ordinance and nllow the City of $ to enter
'a developer of property to secure their pavi~g ~aSe~lB~t
estab]~nent of a lien against their pr~y in ~ of
SUBMITTED
(Director' s Signature)
STAFF .~Ja,.:
EVALUATION OF ITEH:
An econ~nic development prospect who is
fac~ ] i ty in the City of Coppell requested
~q~J_re~ent of the subdivision cxdinanoe
of adjacent ro~. City staff and City Att
which ~ think City Council could co~(o~r aS
proceeding with his attempts to secur~ tbi~ site
suggested that this financ(al relief would he in
Obviously, escrow funds proviZ- a
inflation and esc-lation of l~rices,
~t~ con~ c~ll~ for the property owr~r to
~ U~3Ogl act,ml bir]~ re~ive~. ~ ~I1
COstS with 90 days from acceptance of the b~8~.
We recu,,,~nd that this cgtion be adopted and
depending on the a~mt of funds to he
the road imE~q~vt~f~nt, and the size and fora of
~T. ESTIMATED:
fc~
LEGAL REVIEW BY:
AGENDA REQ ~ORM.0588D~
REVIE~IED BY
CITY,MANAGER
Coppeil, 'l'exa~, ter~ina~r cahIed "City" and .....
hereinaf=er called
of land within
h~'~as, tn~ ..... .' des~ to purchase a tract
~he city iiu~ts o~ C~ppei[ ~n~ the ,~'~" '"~' ' o[di~ance of the
city of Ccppe]i rcqu{re~ a c~r=ain cash escrow or its eqaivalent in
' ~.~,.air. rca4 improvements resul%ing from the
o~der to fln,mce "~ *' ' ' · ·
con~t~CtlQ~ 'n~d l~?,prove~t o~ s~ch prop-~rty; and
~.reas, the City de~z~res ~c: fcregt, tha requirement of a cash
=hrcu~h a d~3e~, cf Llu~ .-is ~c ,'~t'y ~oc participation on the
roadway impruvemenr~;
Whereas, Owner h~:rebl ctrr;veys a llen on the property and its
improvements ~o the Ci%~~ (~f
~,., . s r~cessary~ will c~u~e %he construction of
city, wh+?n !t ' ~ . ' 'n
t~e stre<,t lmp~,..-e,aen¢~, performin] a]z the labor and furn&shl
all the ~ak,srlnt :!~',:e~tl2' to ~e u~ed and pa~ing all expenses
incident to such iaPc. r, and the furnishing of such material. In
consid~atio~% Th~=lcio~c, Owner a~z'e~e~, to pay its share of the costs
shall be ~a$,.'.d on 5ho na~:b~r of abhorring fe~t of Owner'~ property
abuttin~] the street %~,?rcvement~. Ow~]er'~ cost shall be cumputed
as follows:
a Ninec~ '
. [..._,,~n~ (~0%; cf the cost of the 4m~,rovements
reiatlnq tu pavcrzent [or one-half o~ the width ¢~ the
~b .... in9 the property improvement~ shall include
street. "+~ ·
excaVar, icn, llme ~;tabil i~,tion base, concrete,
ungineering cost, and all other costs of all incidents
and appurtenanct:s thereto. The costs for mtreet lights,
landscapinp, and traffic ~iqnalization will not be
inclu~d in a~s~ssment~. (ord.
b. One hundred percent ~!00%) of ohe-half of ~he cost of
~ons~ructic, n fo curbs and gutters, ~ot~s sewers~ and
associated drainage facilities. (Ord. 86-353)
c. One hundred A, ercent (!o0%) of one-half.
conutruction of sidewalks. (Ord. 86-353)
At the pre~ent time the City ~tima~R--s that the Owner's cost
will be approximately $250,000. This, however is only an estimate
and will increase on an annual basis adjuste9 for iz~flation. The
City has ~¢% yet entered l..to a constructzon contract for the
project. The Owner's cost will be based upon the actual bid amoun~
for the awardc~ ccn-~-rucriot: contract. Owne~ a~rees to execute a
Pror.:~s$0ry Not~ {~alied "No~e"! in ~e amount o~ tn~ actual owner'~
cost at ~ny ~im~ u~c~n t~n-daf ~10) aduance notice by city.
~e 0~er grants City p~rmission t~; ~n~ar upon the Owner's
premises to construct the street [~prevemen~s if ~ufficisnt right-
~x~s,.. 0w~ ~hall convey to city the enti~e
of-way does not "'~
ua~ance of ~h9 ~lot~ w~h~. ninety (~0) day~ from ac~eptmnce of ~%ds
fo[ const~ctl;,n o~ the improvemeot~ or within ninet~ (90) days
from any change o~der which ~am been acc~pted by the Coppell city
Co~nc~!. Ow'net covenants ~nd ~rees that it is lawfully meized of
the p~Cparty, am~ has the right to ~jonvey the same; that the
property is ~ree from all liens and encumbrances except for those
listed below, if any.
~h~ll be a lien cn tn:~ zeal pr.9perTy o',~ied in fee by O'~er. Such
lien shall be rvflec:ed in a De=d ,ur Trust ~Jiled in the Dallas
County Deed Rec,~r.ls.
in ca~e of failure ~0 pay the indebtedness or any par~
=her~o~, includ ~ ng ~r lnc ipal arid interest, when due, after
,.e~_,vlng r~ft~:en (15) d~vs written ~otice during which Owner may
: ·
cure thu de~a~!.t, City '?~ay declare the entire pZ',DC~Dal
i~debted~%es~ ~ereby ~ecure~ wltb all interest accrued thereon,
iT=~ediatelv due an~ payable, and in ~ch eve,:t, is authorized and
e~q~owered, at any tim,~ after default to sell the property including
lmpzo%~= ........ t~ t~e pru~,erty~ ~o the highest bidder for cash,
at the place c,.~., t~.e manner after gF~ng not~_ce a~ re~red by
~51.002 of ~he Te'~as Property Code for ma~ing sales under deeds of
t~st. In the even% of en~ aft.er ~ale~ .:s aforesaid, %he City, or
through it~ 5gent er trustee, shall make and deliver to the
p~rcha~er of the property, fee ~imple title to the property, an4
shall receive proceeds of such sale, to be applied as fol~ows:
(i) to the payment of the pro, er e~an~e~ of making the ~ale;
(2) to ~he ~a~ment of the indebtedness, t~e~her with all
ir~tere~%t accrued thereon, and the remainder, if any, to
be paid %0 the Owner or its assigns.
~ agreed that the holder of the indeb.tedne~ at the time
of such foreclosure shall ha~ the right to become the purchaser at
such sale if he or it be the highest or be~t bidder. Owner binds
itselZ that it will surrender to the purchaser at such sale
immediate control and possession of the property purchased by such
purchaser, and in default hereof, i~ shall be a tenant at
sufferance of such purchaser, removable by forcible detainer
proc~dures, or by any o~her legal proceedings. Thi~ instrumen~ is
executed and delivered before ~ny labo~ or material for the
¢onstru=tion of the street improvements have been per£o~ed or
furnished. All notices, demands, or request~ irom one party to
another may be per~onally 4eI~vered or sen~ by mail, certified or
r=gistered, po~tage prepa~a to the addres~e~ stated in this
paragraph, and shall De ~eemed to be g~ven at the time of personal
delivery o~ three (~) days after the date cf mailing:
WITNESS ".,~: une signatures ~h~ ~ the day
of
199u.
CI'£'¥ oF COPP~IJ,
Ai.an Ratak¢f, City Man~ger