Connell Skaggs-CN 861211AGREEMENT
Skyhawk Venture, Mgr.
TIILS AGREEMENT made between~Connell Development Co,~ (Connell) of Dallas
County, Texas, and the City of Coppell, Texas,(City);
WITNESSETH:
manager
WLiEREAS, Connell is the avata~sa of that tract of land shown on Exhibit 1, which
said Exhibit is attached hereto and made a pact hereof for alI purposes; ar~d
W1iEREAS, Connell has filed Exhibit 1 as a preliminary subdivision plat and the
City Council of the City of Coppell has heretofore approved said preliminary subdivision
plat subject to development of a drainage plan satisfactory to the City Engineer; and
WfiEREAS, the original drainage plan requested by the City Engineer included
the construction of a 10-foot by 8-foot single concrete box culvert (box culvert) along
the west end of tt~e Connell tract as .shown on Exhibit 1 between Point A and Point
B, said box culvert constituting the required improvement on said property necessary
to handle the drainage across said property upon complete buildout and development of
upstream properties and the Connell tract; and
WIiEREAS, it has been determined that the box culvert if constructed et this
point in lime would be deeper than the natural drainage area to the north (downstream)
and would form a collecting reservoir until such time as the downstream property is
developed with a similar connecting box culvert; and that this condition makes it not
feasible to construct the box culvert on the Connell property until the box culvert can
be extended to the north across property now owned by Mr, and Mrs. Boorhem immediately
to the north and the Hinckley property immediately north of the Boorhem property; and
WHEREAS, it appears that the Boorhem property, the Hinckley property, as well
as Lot 3 shown on the Connell tract are not presently ready for development, but that
Lots 1, 2 and 4 of the Connell tract are ready for present development; and
WEiEREAS, engineering data supplied to tl~e City by Connell shows that the
' present development of Lots 1, 2 and 4 of the Connell tract will not require installation
of the box culvert at this time and that drainage attributable to said Lots I, 2 and ~
(including present drainage from property upstream from the Connell tract) can be
handled by using the existing channel located at the west side of the Connell tract,
COPPELL/CONNELL AGREEMENT CK86-1211 -Page I
and that said box culvert from Point A to Point B on Exhibit 1 will not be required
until additional drainage is created by the development of Lot 3 and the development
of properties upstream from the Connell tract; and
V4[IEREAS, Connell has therefore requested the City to approve the final platting
of its subdivision in two (2) phases, the first phase to include Lots 1, 2 and 4 and the
second please to be comprised of Lot 3 on Exhibit 1; that said first phase be approved
based upon Connell's engineering plan in regard to drainage, which provides that adequate
site drainage may be accomplished by using the existing channel located at the west
side of the Connell tract and that Phase Two consisting of Lot 3 of Exhibit 1 be
approved subject to the drainage conditions hereinafter set out.
NOW, THEREFORE, in consideration of the mutual covenants herein expressed,
the parties agree as follows:
1. That Connell will amend its preliminary plat so that when it is presented
for final plat approval it will be submitted in two (2) phases, each phase to constitute
a separate and distinct final plat for recording purposes; that the City Engineer will,
pursuant to directions from the City Council, approve such preliminary plat pursuant
to the drainage plan set forth herein. Phase One shall consist of Lots 1, 2 and 4 as
shown on Exhibit 1 attached hereto, and Phase Two shall consist of Lot 3 as shown
on Exhibit 1. Provided, however, other language herein notwithstanding, Connell reserves
t1~e right to submit the lots listed in Phase One as separate final plats for recording
purposes as opposed to being limited to one single final plat.
2. Connell shall furnish to the City copies of its engineering report and
engineering data evidencing that the existing drainage channel located at the west side
of the Connell tract will provide adequate drainage after Phase One is fully developed
and will not cause material damage to downstream property owners, including the
property owned by Boorhem and Hinckley.
Connell further agrees that Connell shall indemnify and save harmless the City
of CoppelI, its officers, employees and agents from and against all losses and all claims,
demands, payments, suits, actions, costs, and judgments of every nature and description
COPPELL/CONNELL AGREEtYIENT CK96-1211 -Page 2
recovered against City resulting from storm water damage to properties downstream
from said Connell tract or brought against City because of the approval of the subdivision
plats mentioned herein and drainage plan, and Connell shall have the right to participate
in any such litigation and to be represented by its own counsel.
3. Connell agrees to file a deed restriction in regard to the Phase Two
property requiring that the owner of said property, prior to owner's request for the
issuance of any building permit, shall construct the box culvert required by tl~e City
if such be recomended to the City Council by the City Engineer, and place on the face
of owner's subdivision plat a notice that said property is burdened with this obligation.
Said deed restriction shall provide that such restriction may not be removed without
first obtaining approval of the City Council of the City of Coppell, Texas.
4. Connell further agrees that it will upon approval of the final plat of Lot 2
or Lot 3, place in escrow with the Independent Bank of Coppell the sum
of Three Hundred Forty-five Thousand Dollars ($345,000.00), or an irrevocable letter of
credit in such amount (LC) to be issued to Connell by M Bank Dallas, same to be payable
to City all upon the following terms and conditions:
a. Said sum of money or (LC) to be held in escrow for use at a later time,
such time to be determined at the sole discretion of the City Council of
the City of Coppell, Texas, based upon recommendation of the City
Engineer, for the construction of the 10-foot by 8-foot single concrete
box culvert, described on Exhibit 2 attached hereto, from Sandy Lake Road
to Willow Lane, which will carry the box culvert from Point A on Exhibit
1 through the Hinckley property to point C on Exhibit 1, said distance
being approximately 566 feet across the Connell tract, 472 feet across
the Boorhem tract and 196 feet across the Hinckley tract. In the event
some other drainage plan is adopted to handle the drainage obligation of
the Boorhem tract or the Hinckley tract City may at its discretion determine
that the escrow fund is to be used only to construct the box culvert across
the Connell tract and in such event the escrowed fund shall be used only
COPPELL/CONNELL AGREEMENT CK86-1211 -Page 3
to tine extent necessary to construct the box culvert across the Connell
tract.
b. That the City of Coppell shall enter into a separate pro rata agreement
with Connell, which will provide that if the escrow money is used to
construct the box culvert beyond the Connell property and across the
Boorhem and/or Hinckley properties, and if within 10 years thereafter, the
Boorhem or Hinckley properties are subdivided or otherwise developed in
such a way that would require the box culvert across their properties had
it not already been constructed, the City will, before approval of any
subdivision plat or the issuance of any building permit on the Boorhem
property or Hinckley property, require the owners of said property to pay
to the City such property's pro rata cost for construction of the box
culvert determined in accordance with Exhibit 2 herewith, which said
amount forthwith shall be reimbursed to Connell.
c. Interest on said escrow deposit, if any, shall enure to the benefit of
Connell and may be drawn down by Connell as it accrues. The cost
estimate for the box culvert construction from Sandy Lake Road to Willow
Lane, which will take it through the Hinckley property and which will
form the basis of the pro rata agreement and cost per property owner
based upon frontage of box culvert, is attached hereto as Exhibit 2 and
made a part hereof for all purposes.
d. Draws from the escrow deposit mentioned herein shall require signature of
a representative of both Connell and City. Any portion of tl~e escrow
deposit no required for the construction of the box culvert shall be returned
to Connell forthwith upon conpletion of the construction hereof.
5. The term of this agreement is 15 years and if same shall not then have
been fully performed shall expire.
COPPELL/CONNELL AGREEMENT CK86-1211 -Page 4
6. This agreement is binding upon and shall enure to the benefit of all
successors of each party hereto.
EXECUTED this 11th day December, 1986.
CITY OF COPP
BY'----~
M r
ATTEST:
gy ,,~
i ty Secre ary
SKYHAWK VENTURE,
CONNELL D ELOPMEN CO, MGR.
By .lJ.l~-~~ ~s~
Kevin C. Write
Title Vice Presi~Pnt
APPROVED•
Ed Po0ve11, City Engine~r`GitY oI Goppeli, ~rexas
Frank Trando, Acting City Manager, City of Coppe
APPROVED AS TO FORM:
ren a W. Jacks ity Attorney
CK86-1211
COPPELL/CONNELL AGREEMENT CK86-1211 -Page 5
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Pace W.O. No. 3354-85-I0-6
Connell Skaggs Addition
December 5, 1986
COST ESTIMATES FOR BOX CIILYERT CONSTRIICTION
' FROM SANDY LAKE ROAD TO "WILLOW LANE"
Length = 1234'
Breakdown by Owner:
Connell 566' 46°6
Boorhem 472' 386
Hinckley 196' 16%
10' x 8' Single Box Culvert
Pre-Cast: (at $270/LF)
Box Culvert $335,000.00
Upstream Transition 5,000.00
Downstream Transition 5,000.00
$345, 000.00
Cost Per Property Owner Based on Frontage of Box
Connell .46 (345,000} _ $159,000.00
Boorhem .38 (345, 000) _ $131, 000.00
Hinckley .16 (345,000) _ $ 55,000.00
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