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Pecan Ridge-AG 920114ITEM CAPTION: Consideration of approving an escrow agreement with Everfine/ Gateway Partnership for Sandy Lake Road Improvement, for Pecan Ridge Estates, in the amount of mayor to sign. SUBMITTED BY: EVALUATION OF ITEM: $120,372.26 and authorizing the STAFF REP.: M. Shohre Daneshmand, P.E. OTHER REP.: DATE: January 3, 1992 Pecan Ridge Estates is located at the northwest corner of Sandy Lake Road and Lodge Road. This agreement has been prepared by Everfine Gateway partnership in conjunction with their escrowed deposit of $120,372.26, for future widening of 5and~ Lake Road. BUDGRTAMT. AMT +/-BUDGET AMT. ESTIMATED These funds are deposited in seperate accounts and all interest earned is credited back to the account so that at any time we can determine how much money we have for this particular project. LEGAL REVIEW BY: REVIEWED BY CM: ~''~'~- NICHOLS, JACKSON, KIRK & DILLARD (Formerly Sallinger, Nichols, Jackson, Kirk & 1800 Lmcoln Plaza o00 N. Akard Dallas Texas 75201 (214) 054 3333 Facsnmle (214) 904-3334 By: Engineering December 7, 1991 TELECOP~FAX) TRANSMISSION LETTER, Deliver To: / Ms. Shc~ree_ Daneshmand Acting/City Engineer Cop~ll, Texas FAX NO. 393-0948 Number of Pages 1 Re: Everfine/Gateway Escrow Agreement Dear Shohree: You have faxed to me the above mentioned escrow agreement for my review and comment by 12-9-91. I find no problem with the escrow agreement and the revisions made by the attorney for the developer. I will be able to approve the original. Very truly yours, NICHOLS, JACKSON, KIRK & DILLARD ~ k By: Lawre~ CITY OF COPPELL ESCROW AGREEMENT For and in consideration of the mutual covenant and agreements herein contained, the City of Coppell hereinafter called "City" and Everfine/Gateway Partnership hereinafter called "Developer", do hereby agree as follows, to wit: WHEREAS, the current City policies Section 17) require that in new areas, (Subdivision Ordinance Appendix A, a Developer install major public improvements where required in or adjacent to said addition. Developer has elected to develop Pecan Ridge Estates an Addition in the City of Coppell, Dallas County, Texas (See Exhibit 1, attached). In lieu of the developers obligation to construct their portion of Sandy Lake Road improvements and 706.41 linear feet of frontage still unimproved, the Developer agrees to place in escrow $120,372.26 for the construction of aforesaid major public improvements, this dollar amount being based on the current pro rata charges as provided for in Appendix B of the Sub-Division Ordinance, and is based on a future estimated cost of $170.40 per front foot for Sandy Lake Road. This roadway is classified as a major thorough-fare roadway. The actual amount due to the City will be based on the actual cost when constructed, and the escrow account adjusted accordingly at that time. This escrow will be required in lieu of the construction of a half-street. THEREFORE, the Developer does hereby deposit $120,372.26, which will be held in the sole name of the City in an interest bearing account to draw interest at the current rate. No withdrawals shall be made until such time as the above mentioned improvements are made. After completion and acceptance of the above mentioned improvements by the City, the difference between the escrowed funds (original amount escrowed plus accrued interest) and the actual costs shall be returned to the Developer. If the improvements are complete within ten (16) y~ars from the date hereof and the actua_ cost of above mentioned improvements exceed the escrowed funds (original amount escrowed plus accrued interest) the Developer will be assessed the difference, payable within ten (10) days of notice. If inquiry is made by the Developer, City shall inform Developer as to the status of the funds and the improvements and their estimated actual costs. The CITY may the requirement of the aforementioned improvements, Escrow Funds described herein. Signed and executed this the ~J~ day of issue Building Permits on the aforesaid property without and upon deposit of , 1992. DEVELOPER: EVERFINE/GATEWAY PARTNERSHIP By: GATEWAY USA DEVELOPMENT, INC., R.L. Fraze, Mana~ng Partner CITY: CITY OF COPPELL By: Mayor ATTEST: By: City Secretary APPROVED AS TO FORM: City Attorne~f