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Chaucer-081014 THE.CITY.OF COPPELL 51~5~{v ':'0 ""> f;~'2. /:;~f~;,/,:J"") '" -""~~..~, lL Vi -J ~~ .", (~,;-'.-r--,'-"'" ."" ~f- ,.,~~:.. ~~~It\~~_ t( _ e;"--:L~~~' . -i' /' "",~",- ..1 . .>;V~~ \) l: ;'4'1; ~~: q 1\ S \ October 14, 2008 Monica A. Schrivner Chaucer Estates HOA 187 Chaucer Court Coppell, Texas 75019 RE: Revised Chaucer Estates Pond Agreement Dear Mrs. Schrivner: Enclosed please find two signed revised Agreement documents for the above captioned project. The Council at the September 23, 2008 meeting approved an expenditure of $75, 000 to perform the work under the terms of the Agreement. The revised Agreement contains those modification requested by your group. Please sign where appropriate, have the signature notarized on the acknowledgement page and return the signed originals of the Agreement to my office. Once I have received them, I will begin the process for disbursing the payment as per the Agreement. You will receive a signed original of the Agreement for your records with the check. Sincerely, ~~ tfJy- Kenneth M. Griffin, P.E. Director of Engineering/Public Works 972-304-3686 Fax: 972-304-7041 kgriffin@ci.coppell.tx.us Enclosures 255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/3043673 Engineering September 23, 2008 ITEM #: 13/C THE'CITY.OF DEPT: AGENDA REQUEST FORM corrELL ~" ,,' Jtt. , DATE: D WORK SESSION . [(] CONSENT D REGULAR ITEM TYPE: CONTRACT/BID or PROPOSAL ITEM CAPTION: Consider approval of an agreement with the Chaucer Estates Homeowners Association with regard to maintenance of a pond contained within the subdivision common area; and authorizing the City Manager to execute any necessary documents, GOAL(S): ;] EXECUTIVE SUMMARY: - IIII Approval of the agreement will allow for the payment of budgeted funds for the dredging project and the inspection of the work through the Engineering Department. FINANCIAL COMMENTS: RECOMMENDED ACTION: Staff recommends approval of the agreement. ACTION TAKEN BY COUNCIL: APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve M - Tunnnell S - Peters Vote - 7-0 · Libby Sail U 2008.09.25 11:12:38 -05'00' I#Chaucer Estates Pond Agmt C)1/J..V VA- tJ;. Lt (!;5;J/tD- d AGREEMENT ", 7.", I , This Agreement is made on this the ~ day of ()Ctl) I'Ju~ 2008, by and between the City of Coppell ("City") and the Chaucer Estates Homeowners Association ("Chaucer"). The two parties agree as follows: I. TERMS 'VHEREAS, the City and Chaucer both desire to see the retention pond in the Chaucer Estates dredged. \VHEREAS, the City believes dredging the pond will improve drainage on the public lands nearby the pond; WHEREAS, Chaucer desires to have the pond dredged; THEREFORE, PREMISES CONSIDERED the City and Chaucer enter into the following Agreement: The City shall pay seventy-five thousand dollars ($75,000.00) to Chaucer for the purposes of dredging the Chaucer pond. The timing of the dredging and selection of the contractor to perfonn the dredging shall be at the sole discretion of Chaucer. At such time as the pond is dredged, the. City will provide inspection services at no cost to Chaucer. The City shall not have any other role in the dredging other than the payment of seventy-five thousand dollars ($75,000.00) to Chaucer Estates and inspection of the future dredging. . Upon payment of the seventy-five thousand dollars ($75,000.00) by the City, Chaucer shall release the City from all claims, current and existing, based on drainage or silting problems with the pond caused by activities prior to the date of this Agreement. Chaucer will be responsible for all maintenance to be done on the pond from the date of execution of this Agreement forward. II. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties hereto with respect to the subject matter hereof, and no other oral or written commitments shall have any force or effect if not contained herein. III. SEVERABILITY In case anyone (1) or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or un-enforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalidity, illegality or unenforceable provision had never been contained herein. 31048 Revision dated 10/9/08 . ~ Ii' 4 .kt. 11/t1/df' IV. AUTHORITY The undersigned officers and/or agents are authorized to execute this Agreement on behalf of the parties hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. V. REMEDIES No right or remedy granted or reserved to the parties, is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. VI. APPLICABLE LAW This Agreement is governed by the laws of the State of Texas; any venue for any action shall be in State District Court of Dallas County. VII. SUCCESSORS AND ASSIGNS This Agreement is binding on the successors, executors, administrators and assigns of the parties to this Agreement. Neither party will assign, sublet, subcontract or transfer this Agreement without the written consent of the other party. No assignment, delegation of duties, or subcontract under this Agreement will be effective without the prior written consent of the other party. VIII. RECITALS AND EXHIBITS The recitals to this Agreement are incorporated herein for all purposes as if set out herein verbatim. 31048 Revision dated 10/9/08 CHAUCER ESTATES HOMEOWNERS ASSOCIATION ~I ' //0 . / ( (J Y\AJ-VVl DtL ,/'/ ~L>1.AAI"".-,J2.'l President, Chaucer Estates 31048 Revision dated 10/9/08 ACKNOWLEDGMENT ST A TE OF TEXAS ~ COUNTY OF DALLAS ~ BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared JIM W I~ , known to me to be the person whose name is subscribed to the foregoing instrument, and who acknowledged to me that the instrument was executed for the purposes and considerations therein expressed, and in the capacity therein stated. day of GNEN UNDER MY HAND AND SEAL OF OFFICE, this the (j)~ ~ ,2008. ,,-;,~":'r;;:~... ~..~ .~..-:. =*: ~*: : . . :- - . . .. ~~". ."~i .....~~f,.,9f:,~~~.. RHONOA ADLOO MY COMMISSION EXPIRES June 22, 2011 7?/IrJiI /) 11 /11) L f3 () NOTARY PUBLIC in and for The State of Texas Commission Expires: 6/22~CJ/( # I ACKNO\VLEDGMENT STATE OF TEXAS ~ COUNTY OF DALLAS ~ BEFORE ME, the undersigned authority, in and for said County, on this day . !ACJN,C.A- 5cR\~~ personally appeared J:>11Z.r;; jc/el1-r , known to me to be the person whose name is I subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVE~MY HAND AND SEAL OF OFFICE, this the day of tJ(: , 2008. /7U ..\,'I~UI.", ,'''-o~~.r~~ ..~. . - :;.: :*:. \~;.....;i} ,f"Vl.I'" RHONOA ADLOO MY COMMISSION EXPIRES June 22, 2011 K}/t;#{)1! Af;>L6C NOTARY PUBLIC in and for The State of Texas Commission Expires: 6/z~ ~(I CITY OF COPPELL ------ PURCHASE ORDER SBIPTO DATE F.O.R City of Coppell 9/30/2008 Engineering Department TERMS: 255 Parkway Blvd. PURCHASE ORDER NUMBER Coppell TX 75019 08-0003871-000 VIA: PURCHASE ORDER NUMBER MUST APPEAR ON ALL DELIVERY REQ.: 9/30/2008 VENDOR NO. 8849 INVOICES, SHIPPERS, BILL OF LADING AND CORRESPONDENCE. VENDOR CHAUCER ESTATES HOA 187 CHAUCER CT COPPELL TX 75019 SUBMIT ALL INVOICES IN DUPLICATE TO: CITY OF COPPELL ACCOUNTS PAYABLE DEPARTMENT P.O. BOX 9478 COPPEIL, TEXAS 75819 QUANTITY QUANTITY RECEIVED UNIT DESCRIPTION UNIT COST Tar AL COST 1. OC .OC JB CHAUCER ESTATE POND AGREEMENT 75000.0C 75000.00 01-03-12-4220 75000.00 NOTICE: MATERIAL SAFETY DATA SHEET MUSf BE SUMBITTED FOR EACH APPLICABLE ITEM 7E:;nnn nn WITH EACH SHIPMENT. J.Anderson PURCHASING AGENT 1. SHIPMENTS MAY BE REFUSED IF THE PURCHASE ORDER NO. IS Nar SHOWN ON SHIPPERS AND BILL OF LADING. 2. EXEMPT FROM ST ATEILOCAL AND FEDERAL TAXES. 3. SUBSTITUTIONS WILL Nar BE ACCEPTED WITHOUT PRIOR APPROVAL. 4. PARTIAL SffiPMENTS WILL BE ACCEPTED IF INVOICED SEPARATELY. 5. C.O.D. OR COLLECT SHIPMENTS WILL Nar BE ACCEPTED. 6. RECEIVING HOURS ARE 8:00 A.M. TO 3:30 PM. MONDAY - FRIDAY.