Park West CC(01)-AG 931214NSENT AGE~oA
AGENDA REQUEST FORM
~21'I'Y COLI~C1L iMI;~I'I'I~G I~o~omhov I J.: ! qOl ITEM NUMBER
ITEM CAPTION:
Ratification and approval of the Developer's Agreement for Southwestern Boulevard, executed by The
Prentiss/Copley Investment Group, with regard to Park West Commerce Center, and authorizing the Mayor to
sign.
SUBMITI'ED
STAFF REP.: Gary I.. gl,,h
Dir~t~r of pl~n.tn~ & Co~tm. ~
OTHER REP.:
DATE:
EVALUATION OF ITEM:
This is a housekeeping item which draws to closure the replatting/Southwestern Boulevard developer's
agreement discussion held by Council on November 9, 1993. Staff recommends approval of the agreement.
AMT. +/- BUDGET
COMMENTS:
AMT. E~TLMA'I'ED
FINANCIAL REVIEW BY
LEGAL REVIEW BY:
A~31~IqDA RF~QUUaS~ FOP. M R~rl~D 2/{)3
REVIEWED BY CM: ~
AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.
ATTORNEYS AT LAW
1333 NEW HAMPSHIRE AVENUE. N.W.
SUITE 400
WASHINGTON, D.C. 20036
(202) 867-4000
66 AVENUE LOUISE, P.B. NO. 7
1050 BRUSSELS, BELGIUM
1212) 672-1OOO
1700 PACIFIC AVENUE
SUITE 4100
DALLAS, TEXAS 75201-4618
(214) 969-2800
TELEX 732324
FAX (214) 969-4343
November 15, 1993
NOV I 5 ',g93
111 CONGRESS AVENUE
(512) 499-6200
HOUSTON, TEXAS 77002
(713) 220-58OO
Mr. Gary Sieb
Department of Planning
City of Coppell
255 Parkway
CoppeU, TX 75019
VIA HAND-DELIVERY
Park West Commerce Center
Our File No. 00980-0359
Dear Ga~:
Enclosed please find thc Developer's Agreement fur Southwestern Boulevard which
has been executed by The PrenQss/Copley Investment Group. Please have the document
executed by the Mayor and acknowledged before a notary public.
We will now proceed to finoliTe the plat for recording. If you have any questions
regarding this matter, please do not hesitate to call me.
Very truly yours,
William S. Dahlstrom
WSD/skm
Enclosure
Copies:
Bruce Stockard (via telecopier)
Mike Tucker (via telecopier)
Randy Ramer
DEVELOPER'S AGREF. MENT
FOR
SOUTHWESTERN BOULEVARD
THIS AGREEMENT is made this il r~day of November, 1993, by and between The
Prentiss/Copley Investment Group, a Delaware joint venture, hereinafter referred to as
"DEVELOPER," and the City of Coppell, Texas, a Texas municipal corporation, hereinafter
referred to as "CITY".
WITNESSETH:
WHEREAS, DEVELOPER is the owner of that 27.2115 acre tract of land situated within
Park West Commerce Center, an addition to the CITY, in the James A. Simmons Survey,
Abstract No. 1296, Dallas County, Texas, and being more particularly described in ~
which is attached hereto for all purposes; and, hereinafter referred to as the 'Property";
WHEREAS, DEVELOPER has filed :.Ath CITY an application for replatfing the
WHEREAS, previous plat approval of Park West Commerce Center by CITY required
construction of Southwestern Boulevard upon the occurrence of certain conditions; and,
WHEREAS, DEVF. LOPER and CITY desire to emer into an agreement that clarifies the
timing for construction of Southwestern Boulevard and satisfies the previous plat requirement.
NOW, THEREFORE, for and in consideration of the mutual covenants and benefits
contained herein, which sufficiency is acknowledged by execution below, DEVELOPER and
CITY agree as follows:
DEVELOPER'S AG]aFl'lENT FOR SOUTHWEb'IEKN BOULEVARD - Page I
funds necessary for the completion of such construction in an escrow account with
CITY within six (6) months of receiving written notice from CITY that
Southwestern Boulevard is to be constructed.
3. This Agreement and its performance by DEVELOPER will satisfy any and
all obligations of DEVELOPER to provide for the construction or escrow of fees for
construction of Southwestern Boulevard and all improvements thereto required under the
previous plat approval of Park West Commerce Center, and under any ordinances of
CITY.
4. The provisions of this Agreement are hereby declared covenants running
with the Property and are fully binding on all successors, heirs, and assigns of
DEVELOPER 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 thereof, thereby agrees and covenants to abide by and fully perform the
provisions of this Agreement. This Agreement will be recorded in the Real Property
Records of Dallas County, Texas, by CITY. DEVELOPER is released from the
obligations set forth under this Agreement for any Lot identified in Paragraph 1 above
upon completion of the improvements required herein for that Lot, payment of funds into
escrow as set forth herein for that 'Eot, or conveyance of said Lot prior to the
requh~ment for construction of Southwestern Boulevard as set forth herein provided such
a release in the last instance does not release DEVELOPER'S successors from the
requirements of this Agreement. A release of this Agreement will be furnished to
DEVELOPER by CITY upon completion of construction of the portion of Southwestern
DEV]Ii~)PI~.'S AGIIlZEMI~Vr FOR SOl. rllt~-l-Z~,N BO~ARD - Page
1. Prior m the issuance of a certificate of occupancy for a use on proposed
Lot 1, Block 1; Lot 2, Block 1; or Lot 3, Block 1 of the Re-Plat of Block 1 and 2, Park
West Commerce Center, an Addition to the City of Coppell in the James A. Simmons
Survey, Abstract No. 1296, Dallas County, Texas, Southwestern Boulevard must either
be constructed or caused to be constructed by DEVELOPER at its sole cost and expense,
and in accordance with standard City street specifications at the time, in the approximate
location identified on l~xhibit "BN. which is attached hereto for all purposes, as a four
lane divided thoroughfare from Belt Line Road to the westernmost point contiguous to
the Southwestern Boulevard right-of-way of the lot for which an application for a
certificate of occupancy has been fried with the City, or all funds necessary for the
completion of such construction must be placed in an escrow account with the CITY by
DEVELOPER.
2. In the event CITY determines that Southwestern Boulevard as identified
on ~ needs to be constructed or that the average daily traffic on Southwestern
Boulevard exceeds 8000 trips per day, DEVELOPER agrees to begin construction or
cause construction to begin on Southwestern Boulevard as a four lane divided
thoroughfare from Belt Line Road to the westernmost point contiguous to the
Southwestern Boulevard right-of-way of Lot 1, Block 1 of the Re-Plat as set forth on
~, within six (6) months of receiving written approval of construction plans
from CITY, and DEVELOPER further agrees to complete construction within a
reasonable time thereafter and in accordance with standard City street specifications at
the time. In lieu of constructing Southwestern Boulevard, DEVELOPER may place all
DEVELOPE~.'S AG!mI~IENT FOR SOIIi'III~k-IIf, RN ]JO~ARD - PIige 2
Boulevard herein described and its acceptance by CITY or upon payment of funds
into escrow as set forth herein.
5. Anolicable Ordinance. Development of the Property shall comply with all
applicable ordinances of the CITY, as amended from time to time, and with all laws and
regulations of all other governmental agencies with jurisdiction, as amended from time
to time, over the Property.
6. $~verability of Provisions. If any article, paragraph, section, sentence,
clause or phrase of this Agreement shall be or become illegal, null or void for any reason
or shall be held by any court of competent jurisdiction to be illegal, null or void, the
remaining articles, paragraphs, sections, sentences, clauses or phrases of this Agreement
shall continue in full force and effect and shall not be affected thereby. It is hereby
declared that said remaining articles, poragraphs, sections, sentences clauses and phrases
would have been and are imposed irrespective of the fact that any one or more other
paragraphs, sections, sentences, clauses or phrases shall become or be illegal, null or
void.
7. ~. THIS DECLARATION AND THE RIGHTS OF
THE OWNERS HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF TEXAS.
D~(ELOPER'S AGI~-~ FOR SOUTIIWEh~'fl~,N BOULEVARD - Pa~e 4
THE PRENTISS/COPLEY INVESTMENT GROUP,
A Delaware general partnership
By:
Prenfiss Property Investments, L.P.,
a Delaware limited partnership,
its managing venturer
By:
Prentiss Property Investments, Inc.,
a Delaware corporation,
its general parmer
CITY OF COPPELL, TEXAS,
A Texas municipality
By:
Name: -?'b ~a An ~ r 7~t~
5 at--
DEVELOPER'S AG!alzl~MENT FOR ~Ol~-llt~'~*l]~l.N ~,OUI_,EVA]~,D - Pl~e ]
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was executed before me, the undersigned notary public, on
'ri'V., ~.'~cr~ ~ ,1993, by'~.~<,. ~-~ ~-~.'!~'~_~:~. ,the
[. ;,:.. <. t: ,~ ~ :% ~ <, ~ of Prentiss Property Investments, Inc., a Delaware corporation,
the general partner of Prentiss Property Investments, L.P., a Delaware limited partnership,
the managing venture of the Prentiss/Copley Investment Group, a Delaware general
partnership, in the capacity set forth.
My Commission Expires:
I~o~ Public in and for the
State of Texas
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was executed before me, the und~,sig§ed notary public, on
~, 1993, by ~O-'t~ 7~tr¢O-~ , the
· '-~c.t.,/..~2~ ' of the City of Coppell, Tekas, a municipal corporation, on
behalf of~seidlmunicipal corporation.
My Commission Expires:
Notary Public in and for the
State of Texas
D~/~LOlSl~'S AGPl~rr FOR SOl~lll~llit~ ~OIJL~/AIiD - l~ll~e 6
EXHIBIT
BEING a tract of land situated in the 3ames A. Simmons Survey, Abstract No. 1296, in the City.
of Coppell, Dallas County, Texas, and being par~ of Block 1 and 2 of Park West Commerce
Center as record~ in Voluane 90218, Page 3264 of the deed records of Dallas County, Texas,
and being more particularly described as follows;
CONL'~LENCING at the most northerly point o£ a 38.00 foot xadi,,d comer clip located on
common Line between the north fight-of-wa?' of AizLine Drive (60 feet wide) and the west right-
of-way of Beldine Road (120 feet wide);
THENCE North 01 degrees 15 minutes 30 seconds East along the west right of way line of
Belfline Road a distance of 949.00 feet to the PO~qT OF BEGI2qNING;
THENCE North 89 degees 06 minutes 01 seconds West departing said west fight of way line
a distance of 2746.89 feet to a 1/2" iron rod set for a comer at the point of curvature of a titular
curve to the left havig a radius of 600.00 feet, said point also lying on the south line of a 300
foot wide floodway easement for Grapevine Creek;
THENCE along said circular curve and south linc an arc distance of 586.11 feet, through a
cent--al angle of 55 degrees 58 minutes i 1 seconds and a tangent distance of 318.82 feet to a 1,r2"
iron rod set for a comer at the point of tangency of said curve;
THENCE North 35 degrees 53 minutes 36 seconds East a distance of 375.80 feet to a 1/2" iron
rod set for a comer on the south fight-of-way of Southwestern Bouleva_nl (90 feet wide), said
point also being a nontangcnt point of a cLx:Mar curve having a radius of 655.00 feet;
THENCE deparling said south easement line and along said circular cttrve and south fight-of-way
of Southwestern Boulevard an arc distance of 55.22 feet, through a central angle of 04 degrees
49 minutes 50 seconds, a tangent distance of 27.63 feet and a chord bearing of South 86 degrees
33 minutes 46 seconds Fast a distance of 55.20 feet to a point for a ca'nec,
TH]~NCE South 88 de~s 58 minutes 41 seconds East a fliatance of 1135.66 feet to a point for
a comer at the point of curvature of a circular curve to tho right having a radius of 775.00 feet;
THENCE along said ciro,).r curve an axe distance of 243.54 feet, through a central angle of 18
deg~es 00 minutes 19 seconds an~ a tangent distance of 122.78 feet to a point for a comer at
the point of tange, m:y of said curve;
THENCE South 70 d~gz~n 58 minutes 22 seconds East a distance of 294.91 feet to a point for
a comer set at the point of corvatu~ of a cizcular curve to the lett having a radius of 665.38 feet;
THF_.NCE along said circular curve an arc distance of 206.35 feet, though a central angle of 17
deSreOS 46 minute8 08 seo~d~ al~ a tangent distance of 104.01 feet to a point for a corner set
TI-II.CE South 88 de~iz~s 44 minutes 30 seconds East a distance of 88.82 feet to a point for
? )
a comer at the point of curvature of a circular curve to the right having a radius of 30.00 feet;
THIENCE along said cixculax cra-ye depa-~ng said south right-of-way of Southwestern Boulevard
and along the west right-of-way of Beltl~ne Road (120 feet wide) an arc distance of 47.I2 feet,
through a central angle of 90 degrees O0 minutes O0 seconds and a tangent distance of 30.00 feet
to a point for a comer at the point of tangency of said cixcular cra'ye;
TI-I~NCE South 01 degrees 15 minutes 30 seconds West con~nulng along said west right-of-way
a distance of 36~.85 feet to the POD4T OF BEGI2N'NI2NG AaND CONTAINING 1,185,331 square
feet or 27.2115 acres of land more or less.
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