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Riverchase(3)-CN 860708CITY-DEVELOPER AGREEMENT THIS AGREEMENT is entered into as of the ~"T;~day of ~/~ , 1986, by the City of Coppell, Dallas County, Texas ("City") and River~hase Joint Venture ("Developer"). The fo)lowing recitals form the basis for and are part of this Agreement: A. Developer is the owner and developer of a project known as Riverchase, A Master Planned Community in Coppell, Texas ("Riverchase"). B. Developer has agreed, as outlined in the zoning ordinance for Riverchase, to pay all the expense for traffic signalization (as described in Exhibit "A") and to pay 1/2 the expense of permanent improvements (as described in Exhibit "B") to the intersection of MacArthur 8oulevard and Belt Line Road, in the City of Coppell. If work is to begin at this time, other additional improvements will be necessary (including fill, temporary storm sewer, temporary pavement transitions to the east, west and south of the intersection, etc.). The above described items are collectively referred to herein as the "Work". The Work is fully described in plans and specifications prepared by Nathan D. Maier Consulting Engineers, Inc. and signalization specifications attached. C. After considering possible relocation of Belt Line Road, City has notified Dallas County that it is the present desire of the City that Belt Line Road be improved within its present right-of-way and in reliance upon such notice and the actions of Dallas County, Developer has agreed to proceed with the Work. D. City and Developer agree that if the Work is done at this time (prior to reconstruction of Belt Line Road) it ultimately will be cheaper and safer to rebuild Belt Line Road and will lessen interference caused by traffic diversion. NOW THEREFORE, in consideration of the mutual promises in this Agreement and the mutual benefits to be obtained from the Work, the adequacy of which is hereby acknowledged, City and Developer agree as follows: 1. Developer to Cause Completion of the Work. Notwithstanding Developer's obligation to pay only for traffic signalization and 1/2 of the cost of the permanent intersection, Developer at its expense agrees to cause: awarding of a contract for all of the Work to a contractor reasonably acceptable to the City: the issuance of a work order to commence all of the Work; and completion of all of the Work. Developer shall provide City with an executed copy of its contract and such other documentation as is reasonably requested by City. Developer shall be responsible for all contract administration and construction management. Developer shall use reasonable efforts to cause the Work to proceed as quickly as practicable. Developer and its contractor are hereby given a temporary construction easement over all public right-of-ways reasonably necessary for conducting the Work and City agrees to execute such further instruments as may be reasonably necessary and shall otherwise reasonably cooperate to effect completion of the Work. -1- 2. Requirements of Contractor. Developer shall require the contractor to furnish a performance bond and a payment bond complying with the requirements of the McGregor Act. The bonds shall be In favor of Developer and City, it being agreed that City has an Interest in the performance and payment of the Work. Developer shall require the contractor to carry comprehensive general liability insurance with limits of at least $500,000 and with City and Developer named as insureds. Upon request, Developer shall obtain and furnish certificates evidencing such insurance coverage. 3. City to Accept the Hork. City will at its expense periodically inspect the Work. Upon completion as per C~ty specifications, City shall promptly obtain a certificate of completion from its engineers and issue its Certificate of Acceptance and assume ownership of the Work. Developer shall deliver good title to the Work free of liens and encumbrances. 4. Developer to Assist in Bridge Approval. Improvements to Belt Line Road will require construction of a new bridge where Belt Line Road crosses the Trinity River (near the intersection of MacArthur Boulevard. and Belt Line Road). City and Developer agree that the construction of a shorter bridge than is now planned (and approved by the Army Corps of Engineers) would benefit City by reducing its costs for the improvement of Belt Line Road. Developer, at its expense, agrees to retain Nathan D. Maier Consulting Engineers, Inc. to provide the City with reasonable consulting and assistance in obtaining approval for the new design from the Army Corps of Engineers. 5. Paving Donation. The southern boundary of Riverchase is adjacent to a strip of railroad right-of-way that is adjacent to Belt Line Road In its existing location (i.e. the railroad right-of-way }s situated between Riverchase and Belt Line Road). Developer agrees to donate to City a sum equal to the prorata share of the City's paving assessment for improvements to Belt Line Road computed as if the southern boundary of property owned by Developer within Riverchase was actually adjacent to Belt L~ne Road. Developer's first installments on the donation shalt be (a) the sums expended by Developer as per Paragraph 4, and (b) the sums expended by Developer in connection with the Work that exceed Developer's prior commitments (i.e. sums in excess of the cost of traffic signalization and 1/2 of the cost of the permanent intersection). The balance of the donation shall be paid when assessments are due from other landowners for improvement of Belt Line Road. Developer's donation shall be subject to the provisions set out below. 6. Agreements if Belt L~ne Road is Relocated. The zoning ordinance for R~verchase describes certain agreements by Developer related to the Work, landscaping and other improvements associated with Belt Line Road in its ex~sting location. City (acting through its mayor and council) has recently adopted a resolution which in effect states that to the extent the City Council of Coppell has authority to determine whether Belt Line Road should be relocated, it is the determination of the council that Belt Line Road should not be relocated. However, it is understood and agreed that the City is free to change its position on the relocation ~ssue. 7/07/86 -2- Should City take ~ny action (prior to reconstruction of Belt Line in its present location) to change its position on the relocation of Belt Line Road and as a result thereof such relocation shall occur, or should City take any action that causes Belt Line Road not to be reconstructed in its present location, the following provisions shall apply: (a) City shall upon demand reimburse Developer for all sums expended by Developer for or associated with the Work and all sums expended by Developer as per Paragraph 4. Developer's expenditures for the work will be made in reliance upon City's promise to reimburse Developer as set forth in this paragraph 6(a). (bi Developer shall not be required to make any of the improvements related to Belt Line Road required by the zoning ordinance: and (c) Developer's agreement herein to make donations for Belt Line Road shall be null and void. (d) It is anticipated that the City's promise to reimburse Developer as set forth in Paragraph (al above may be satisfied out of current or reserve revenues or other sources of funds. If City does not fulfill its promise to reimburse Developer as set forth in Paragraph (al, Developer shall be entitled to recover a money judgment against City awarding such reimbursement and with a court order requiring the City to incorporate the cost of reimbursement into a budget and requiring City levy a tax sufficient to pay for the reimbursement. 7. General. This Agreeme6t shall be binding on and inure to the benefit of the parties hereto, their successors and assigns, provided, however that no assignment shall be effective until approved by the remaining party, which approval shall not be unreasonably withheld. This Agreement is not made for the benefit of any contractor, the public or any other third party, and no third party shall have any rights under this Agreement. Any notice given under this Agreement shall be delivered to the following address unless written change of address is received. City of Coppell P. O. Box 478 Coppell, Texas 75019 Riverchase Joint Venture 5420 LBJ Freeway Two Lincoln Centre, Suite 1370 Dallas, Texas 75240 ATTN: Jay Patterson Executed as of the date first above written. Attest: City Secretly -3- RIVERCHASE JOINT VENTURE By: Terra Land Development Co., Venture Ma~ Jay a e~ The Coppell City Attorney has approved the form of Agreement and represents to Developer that this Agreement is a valid and binding obligation of City, enforceable in accordance with its terms. -4- City-Developer Agreement EXHIBIT "A" ITEM NO. 4 5 6 7 8 9 10 It 12 13 14 15 16 17 18 BELT LINE ROAD AT MACARTHUR BOULEVARD TRAFFIC SIGNALIZATION ESTIMATED QUANTITY UNITS DESCRIPTION 4 EA l l EA 4 1 5 654 500 8 1 5O 13,500 1,600 975 3,800 12 ) EA EA EA EA 5-Section Signal Head W-12 Inch Lenses, Back Plate, and Astro Mounting Brackets 3-Section Signal Head W-12 Inch Lenses, Back Plate and Astro Mounting Brackets 8 Phase, Full Actuated Nema Control)er with Railroad Pre Emptor and Internal Time Based Coordination Complete in Cabinet 45 Foot Mast Arm Pole 25 Foot Mast Arm Pole Mast Arm Pole Foundation Anchor Bo)ts EA LF LF EA Controller Cabinet Foundation Complete with Anchor Bolts, Ground Rod, and Brass Ground Clamp 2 Inch Underground Conduit (PVC) 3 Inch Underground Conduit (PVC) Pull Box EA LF LF LF LF LF EA LS Service Pole Complete with Service Meter and A.C. Power Hook Up 3C # 8 Power Cable 2 Conductor 14-Gauge Signal Cable 3 Conductor 14-Gauge Signal Cable 5 Conductor 14-Gauge Signal Cable Loop Detector Saw Cut Loop Detector Amplifiers Mobilization City-Developer Agreement EXHIBIT "B" PROJECT DESCRIPTION: ITEM NO. QUANTITY 1 13,218 2 5,568 3 2,240 4 420 5 5,360 6 450 7 1,302 8 4.80 9 3.32 l0 2 l] 32 12 2,350 13 170.00 NATHAN D. MAIER CONSULTING ENGINEERS, INC. MacArthur-Belt Line Intersection DATE: 6-9-86 PREPARED BY: BH UNIT SF SF SY LF CY LF LF CY CY EA Tons SY LF DESCRIPTION Permanent Intersection Intersection Pavers Paver Bands 8" Reinforced Conc. 6" Integral Curb Compacted Fill 24" R.C.P. Culverts 30" R.C.P. Culverts Mult. Hdwl. for 30" R.C.P. Mult. Hdwl. for 24" R.C.P. Remove Mult. Hdwl. for 30" R.C.P. Hydrated Lime Lime Stabilization Concrete Street Header Minutes of June 10, 1986 The City Council of the City of Coppell met in regular session at 7:00 p.m. for Executive Session and 7:30 p.m. for Open Session on Tuesday June 10, 1986 in the Coppell High School Administration Building. The following members were present: Lou Duggan, Mayor Dale Ware, Mayor Pro Tem Dean Wilkerson, Councilman Tom Morton, Councilman Bill Smothermon, Councilman (late arrival) Jim Cowman, Councilman Mark Wolfe, Councilman Dan Stanton, Councilman Also present were City Manager Frank A. Proctor, Jr., City Secretary Dorothy Timmons and City Attorney Larry Jackson. Mayor Duggan called the meeting to order. EXECUTIVE SESSION (Closed to the public) Item 1: Article 6252-17, Section 2 (e) discussion with City Attorney. Item 2: Article 6252-17, Section 2 (g) discussion concerning personnel. allowed under the two The meeting then went into Executive Session as above stated articles. Following the Executive Session the meeting was public. declared open to the Mayor Duggan asked all persons present to stand while Councilman Stanton gave the invocation. MAYOR'S REPORT Item 3: Mayor's Report Mayor Duggan informed the Council of the following items: A. Special work session has been called for Tuesday, Jur~e 17, 1986 to discuss City requirements on a proposed private club ordinance. B. The Life-Aid Concert held on Saturday, June 7, 1986, had very little impact on Coppell, other than the man hours spent by City employees. Mayor Duggan also informed the Council that in the future the City of Coppell would be informed by Dallas of upcoming events to be held at Northlake. Mayor Duggan then asked that Robby Ellis, Ron Martin, Steve Fondray, Dr. Jay Story, Anne McDonald, Rosie Curtz, Pete Rosenberg, Chief Jackie Mayfield and Captain Richard Terry be recognized and presented this group with a Mayor's Award for their work on the Paramedic Program for Coppell. CITIZEN'S APPEARANCES Item 4: Consider citizens who wish to speak before the City Council. There were no citizens present who wished to speak at this time. Mayor Duggan did inform Mr. Ray Warren who was present in the audience that the cul-de-sac to his property would be engineered, approved by the City and constructed by the end of 1986. CONTRACTS Item 5: Consider approval of a contract for the construction of the intersection of MacArthur Boulevard and Beltline Road and authorizing the Mayor to sign. This item was originally deferred to a later point on the Council agenda due to the lateness of Councilman Bill Smothermon. Prior to discussion on this item, Mayor Duggan requested City Attorney Larry Jackson to make a determination if a conflict of interest existed concerning Councilman Morton and his possible litigation with Triland Development Corporation. City Attorney Larry Jackson stated that Councilman Morton should be allowed to take part in the discussion concerning this contract and his participation would not at this point constitute a conflict of interest. City Attorney Larry Jackson then informed the Council that half the cost of the construction of this intersection would be born by Terra Properties with the remaining one-half to be applied against any assessment for improvements on Beltline Road east and west. With the approval of this contract, MacArthur Crossing can be completed. Mr. Jay Patterson stated that Terra Properties will be pay for the entire cost of signalization of this intersection. The cost of the intersection is to include pavers, paver bonds, 8-inch reinforced concrete, 6-inch integral curb, compacted field, multiple head walls and any additional items normally used in the construction of a intersection. A decision on this contract was deferred until after discussion and consideration on Item No. 18. Following discussion on Item No. 18, it was the consensus of the Council to hold up on the construction of the permanent intersection of MacArthur Boulevard and to build the temporary crossing at Allen Road. PUBLIC HEARINGS Item 6: Zoning Application #86-03-17 To consider approval of a zoning change request for Judy Troth Parsons from "PD-SF-9" Planned Development Single Family - 9 to "PD-SF-9/S.U.P. Planned Development Single Family - 9 with a Special Use Permit for stucco construction on property located on Swan Lane, Block G, Lot #5 of Phase 6 of Northlake Woodlands East. Date of Planning & Zoning Reco~endation of Planning & Zoning - May 15, 1986 - Approval 4-0 Mrs. Judy Troth Parsons and Mr. David Schrum made the presentation to the Council. Mr. stated that the construction is mot really a stucco type construction but a three part wire mesh with a scratch and finish coat and is really a plaster type material as opposed to a stucco. The roof will be a slate roof. Mayor Duggan declared the Public Hearing open and asked for those persons who wished to speak for the proposed zoning change. There was none. He then asked for those persons who wished to speak against the proposed change. Again there was none. The Public Hearing was then declared closed. Following discussion, Councilman Ware moved that the zoning change be approved. Councilman Stantou seconded, motion carried unanimously with Councilman Wilkerson, Councilman Ware, Councilman Morton, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion. Item 7: Zoning Application #86-04-14 To consider approval of a zoning change request for Pizza Hut of America, Inc. from "PD-R" Planned Development-Retail to PD-R/S.U.P. Planned Development - Retail with a Special Use Permit for a restaurant on property located on the Southeast corner of Sandy Lake Road and MacArthur Boulevard. Date of Planning & Zoning Recommendation of Planning & Zoning - May 15, 1986 - Approval 4-0 Mr. Stsven C. Hunley made the presentation to the Council. He informed the Council that this restaurant is to be located in the Corners of Coppell on what is commonly referred to as the "Third Out Parcel" in this development. The building would be compatible with the overall design of the shopping center. It is anticipated that seven (7) of the pecan trees would be removed for construction of this restaurant. Mayor Duggan declared the public hearing open ask for those persons wishing to speak for the proposed zoning change. There were none. He then asked for those persons who wished to speak against the proposed change. Again, there were none. The public hearing was declared closed. During consideration by the Council, the saving of additional trees was discussed as well as the need to shift the building line or make other considerations in order to save those trees. The drainage and concrete flume to the existing drainage was also discussed. Following further consideration, Councilman Ware moved that the plat be approved with the stipulation that the plat be brought back to the City for review after the suggested changes were made. After additional discussion, Councilman Ware withdrew his motion. Following further consideration, Councilman Wilkerson moved that the public hearing be left open and that this item be tabled until the June 24th Council meeting. Councilman Morton seconded, motion carried unanimously with Councilman Wilkerson, Councilman Ware, Councilman Morton, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting tn favor of the motion. Item 8: Sign Variance Application #86-04-28 To consider approval of a sign variance request of Coppell High School from Section 10-5-17 of the City of Coppell Sign Ordinance on property located on the southwest corner of Cowboy Drive and Wrangler Drive. Date of Planning & Zoning Recommendation of Planning & Zoning - May 15, 1986 - Approval with stipulation (See staff report) Mr. Betty Mehling made the presentation to the Council. The Planning and Zoning Commission has recommended approval of this item with the stipulation only one pole be used for the erection of the sign and that the sign not conflict with the power lines of Texas Power & Light Company. Mayor Duggan declared the public hearing open and asked for those person who wished to speak to speak for the proposed change. There were none. He then asked for those persons who wished to speak against the proposed change. There were none. ~fhe public hearing was then declared closed. Following discussion on this item, Councilman Ware moved that the sign variance be approved with the stipulations as stated above. Councilman Morton seconded and motion carried unanimously with Councilman Wilkerson, Councilman Ware, Councilman Morton, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion. PLATTING ACTIONS - PRELIMINARY Item 9: Plat Application #86-04-15.5 To consider approval of a preliminary plat for Gateway Park at Engineer Ed Powell made the presentation to the Council. He stated that the Federal government is not required to comply with City Ordinances, however, at our request they have agreed to do so. Their preliminary and final plat does meet our requirements of the City and a screening wall is anticipated to be built along the entire east side of the project. There are two entrances off of Bethel School Road. Following discussion on this item, Councilman Wilkerson moved that both the preliminary and final plat of this development be approved. Councilman Wolfe seconded, motion carried unanimously with Councilman Wilkerson, Councilman Morton, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion. REQUESTS AND PRESENTATIONS Item 12: Consider approval of changing the street name of Gateway Boulevard to Cotton Road. Due to the denial of Item No. 9 on the agenda this item will be considered at a future time. Item 13: Consider approval of a request from the Coppell Indenpendent School District for a waiver on the screening wall around the new elementary school on Moore Road. City Engineer Ed Powell spoke on this request. He informed the Council that City Ordinance require a screening wall to be constructed around the perimeter of the school; however, at the previous Council meeting it was alluded to the fact that the Council would be willing to waive this requirement. Following discussion, Councilman Stanton moved that the City waive the requirement for a perimeter fence around the school site on Moore Road. Councilman Wolfe seconded; motion carried 4-1, with Councilman Wilkerson, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion and Councilman Morton voting against the motion. PERSONNEL Item 14: Consider acceptance of resignation from the Economic Development Board and appointment of a member to fill this vacancy. Economic Board and Development Chairman John Bailey recommended to the Council that the resignation of Tim Loudermilk be accepted and that Mr. David Greer be appointed to fill this vacancy. Following discussion on this item, Councilman Stanton moved that this recommendation be approved. Councilman Wolfe seconded; motion carried unanimously with Councilman Wilkerson, Councilman Morton, Councilman Cowman, Councilman Wolfe and Councilman Stanton in favor of the motion. Mayor Pro Tem Ware returned to the Council at this point. STAFF REPORTS Item 15: Park Board recommendation to authorize funds for the construction of castings, concrete pillars and mountings for dedication and State financial statement plaques at Brown Park and financing of same. Item 16: Park Board recommendation to authorize Schrickel, Rollins & Associates to develop plans for the construction of Restroom/Concession Stand at Brown Park and financing of same. Item 17: Park Board recommendation to authorize Schrickel, Rollins & Associates to prepare plans for development of Park facilities at Bethel School Pocket Park and financing of same. Mayor Duggan then read a letter from Mr. Tim Hogsett of the Texas Parks and Wildlife Department which stated this department's recommendation on the City's Phase II & III funding requests as well as a concern on Phase I requirements. The letter, in essence, stated that the Parks and Wildlife Department has a problem with the stipulation contained in the deed for Phase I, that funding for Phase II is being withdrawn due to the lack of an appraisal being made prior to negotiation being instituted, and that the application for Phase III is being denied for the same reasons. This letter is a result of the City's concerns with the application process and a request for a state audit to insure that the City was in compliance with state requirements. Discussion by the Council on this item followed with the Mayor appointing a sub-committee composed of Councilman Wilkerson, Mayor Pro Tem Ware, Park Board Chairman Larry Hartshorn, and David McCaskell and Hershel Lindley of Schrickel, Rollins to look into the possibilities of obtaining a reversal on the Parks and Wildlife decision. Park Board Chairman Larry Hartshorn then requested that the above stated items be withdra~rn for future consideration by the Council. Item 18: Discussion and approval of funding for the construction of Beltline Road east-west, Beltline Road south, and Denton Tap from Beltline Road to Sandy Lake Road. Councilman Bill Smothermon made the presentation to the Council. He reviewed several methods of funding for the above stated roadways and the necessary dollars needed by the City to finance the construction of all included construction costs. Following discussion on this item, Councilman Morton moved that the City institute an assessment program for the construction of Beltline Road, east and west, and it's current alignment. On Denton Tap Road, from it's intersection with Beltline, north to Sandy Lake Road, and on Beltline Road, north and south, from I635 to it's intersection with Denton Tap. Councilman Morton seconded. Motion failed 3-4 with Councilman Smothermon, Councilman Morton and Councilman Ware voting in favor of the motion and Councilman Wilkerson, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting against the motion. Councilman Cowman then moved that this matter be taken under advisement and that a work session be held with July 30th being a deadline for conclusion of this item. Councilman Wolfe seconded the motion. Further discussion followed. Councilman Cowman them amended his motion to change the deadline to July 1st or the closest Tuesday to that date; Councilman Wolfe amended the second. Motion failed 3-4 with Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion and Councilman Wilkerson, Councilman Ware, Councilman Morton and Councilman Smothermon voting against the motion. Councilman Wilkerson then moved that a work session be scheduled for Tuesday, June 17, 1986 to further explore the assessment program. Councilman Morton seconded; motion carried 6-I with Councilman Wilkerson, Councilman Ware, Councilman Morton, Councilman Smothermon and Councilman Stanton voting in favor of the motio~ and Councilman Cowman voting against the motion. ORDINANCES AND RESOLUTIONS Item 19: Consider approval of an ordinance amending the City Code to create the Economic and Business Development Board. This item was tabled for further review by the Economic Development Board Chairman. Item 20: Discussion and consideration of proposed paving Assessment Ordinance and setting out the procedures for assessment of paving projects. City Consultant Engineer Wayne Ginn made the presentation to the Council. He stated that this Ordinance has been changed per Council instructions to allow for assessments for 90% of the cost of con- struction of the street. Any previous monies that have been paid by developers will be considered separately and credited with that developmemt's total cost. Following discussion, Councilman Ware moved that this Ordinance No. 86-353 be approved. Councilman Morton seconded; motion carried unanimously with Councilman Wilkerson, Councilman Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion. BIDS Item 20A: Discussion and consideration of awarding a bid for the construction for the Service Center. Mr. Dick Calvert made the presentation to the Council. He stated that all bids came in higher than anticipated with the iow bid being $730,000. Budgeted bond money was $500,000. In an effort to reduce the cost of construction, several items were deleted and a total bid of $499,212.00 was maintained; however, this allows only for the construction of the warehouse area which would also be used for an office space. It is Mr. Calvert's recommendation that all bids be rejected, that the project be redesigned and re-bid. Following discussion on this item, Councilman Ware moved that all bids be rejected, that the City authorize Calvert and Associates to re-design plans for the construction of a Service Center, and that the City re-advertise. Councilman Morton seconded; motion carried unanimously with Councilman Wilkerson, Councilman Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion. Item 21: Consider approval of specifications for furnitur~ at the new City Hall. City Finance Director Frank Trando made the presentation to the Council. It is his recommendation that the City advertise for bids for furniture and library shelving for the new City Hall. Following discussion, Councilman Morton moved that the bids be advertised in order to determine actual cost and that prior to awarding of the bid this item come back before the Council. Councilman Stanton seconded; motion carried 5-2 with Councilman Wilkerson, Councilman Morton, Councilman Smothermon, Councilman Cowman and Councilman Stanton voting in favor of the motion and Councilman Ware and Councilman Wolfe voting against the motion. The meeting was then adjourned. ATTEST: Lou Duggan, Mayor Dorothy Timmons, City Secretary MINUTES 061086 MINITS